3
III.
POSITION OF THE PARTIES
A.
The petitioners
11.
According to the petitioners, forced disappearances have been carried out continuously and
constantly in Chihuahua state, Mexico, and the incidence of this crime is highest in Chihuahua state. The
petitioners argue that this occurs because criminal organizations act in collusion or complicity with elements of the
State or federal police. They add that in March 2008, the authorities announced implementation of the
“Chihuahua Joint Operations” with the purpose of dismantling organized crime networks and logistics. This
significantly increased the number of military troops in Chihuahua and, according to the petitioners, considerably
increased the forced disappearances in the area attributable to State agents, a situation that has been
documented and reported by national and international organizations, and acknowledged by the State itself. The
petitioners argue that the majority of complaints of forced disappearances by agents of Chihuaha state have gone
unpunished, which would be an incentive for repeating this criminal practice.
12.
In this context, the petitioners allege that members of the Mexican army are responsible for the
illegal detention and later forced disappearance of Nitza Paola Alvarado Espinoza, Rocio Irene Alvarado Reyes, and
José Ángel Alvarado Herrera, without the State conducting an effective investigation to ascertain their
whereabouts and to judge and punish those responsible for that crime.
13.
Specifically, the petitioners allege that on December 29, 2009, in the night, Nitza Paola Alvarado
Espinoza and José Ángel Alvarado Herrera, both 32 years of age, were on board a pick-up truck parked in front of
the residence of relatives of José Ángel, when they were intercepted and detained by presumed uniformed and
armed military personnel, who forced them into another vehicle with an unknown destination. These facts
allegedly occurred in Ejido Benito Juárez, Municipio of San Buenaventura, Chihuahua.
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14.
They add that on the same December 29 , and minutes after the arrest of Nitza Paola and José
Ángel, presumed military personnel arrived in a convoy at the residence of Rocio Irene Alvarado Reyes, 20 years of
age, entered violently, physically attacked the persons inside the house, causing destruction, and arbitrarily and
violently detaining, without judicial order, Rocio Irene Alvarado Reyes. They report that these facts were witnessed
by the mother of Rocio Irene, Patricia Reyes Rueda, and by her younger brothers, who were allegedly locked in the
bathroom of the house by the presumed military personnel.
15.
The petitioners report and detail a series of steps taken by the relatives of Nitza Paola, Rocio
Irene, and José Ángel Alvarado, to obtain information on their whereabouts and so the State authorities would
investigate the facts. These include, among others, taking steps with the military authorities, filing complaints with
the state and federal Offices of the Attorney General), filing an amparo appeal with the courts of law. They adduce
that at first they obtained official information from ministerial authorities indicating that they had been detained
by members of Battalion 35 of Nuevo Casas Grandes Infantry (hereinafter “Battalion 35”), and that they were in its
custody. In this connection, they allege that, despite this information, the military authorities denied having
detained the presumed victims to their family members when they went–on several occasions–to Battalion 35 to
request information.
16.
The petitioners allege that despite the various complaints filed with local and national
authorities, the relatives of Nitza Paola, Rocio Irene, and José Ángel Alvarado have not received information on
their whereabouts, health, or present situation. In this regard, they hold that the State authorities have not acted
with due diligence to investigate the facts denounced and that the absence of an effective and timely response by
the State aggravates the alleged situation of risk for the presumed victims after their disappearance.
17.
In this regard, the petitioners argue that the State has incurred delays and inaction in the
investigation into the alleged forced disappearance of Nitza Paola, José Ángel, and Rocio Irene Alvarado. They
further allege that the steps required to elucidate the facts were not taken. They indicate that the National Human
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