1 REPORT No. 48/13 PETITION 880-11 ADMISSIBILITY NITZA PAOLA ALVARADO ESPINOZA, ROCIO IRENE ALVARADO REYES, JOSÉ ÁNGEL ALVARADO HERRERA ET AL. MEXICO July 12, 2013 I. SUMMARY 1. On June 26, 2011, the Inter-American Commission on Human Rights (hereinafter “IACHR” or “the Commission”), received a petition from the Center for Women’s Human Rights (CEDEHM), the Solidarity and Human Rights Defense Commission (COSYDDHAC), Justice for Our Daughters (JPNH), all located in the city of Chihuahua, and the Paso del Norte Human Rights Center (CDHPN), located in the city of Juárez, (hereinafter “the 2 petitioners”), in which the responsibility of the United Mexican States (hereinafter “the State” or “Mexico”) is alleged for the presumed illegal detention on December 29, 20 09, and the later forced disappearance allegedly perpetrated by members of the Mexican Army, of Nitza Paola Alvarado Espinoza, Rocio Irene Alvarado Reyes, and José Ángel Alvarado Herrera (hereinafter “the presumed victims”), as well as the presumed lack of effective investigation and due diligence concerning these facts. Furthermore, the petitioners allege that the State has international responsibility for a series of human rights violations allegedly committed to the detriment of the relatives of the presumed victims, as a consequence of the forced disappearance of their family members and the actions taken to ascertain their whereabouts. 2. In view of the facts alleged, the petitioners argue that, with regard to the presumed victims Nitza Paola Alvarado Espinoza, Rocio Irene Alvarado Reyes, and José Ángel Alvarado Herrera, the Mexican State is responsible for the violation of the rights firmly enshrined in Articles 3, 4, 5, 7, 8 and 25 of the American Convention on Human Rights (hereinafter “Convention” or “American Convention,” all relating to Article 1.1 and 2 of that international instrument; Articles I, II, IX and XIX of the Inter-American Convention on Forced Disappearance of Persons (hereinafter “ICFDP”), and, specifically concerning Nitza Paola Alvarado Espinoza and Rocio Irene Alvarado Reyes, Articles 3, 4, 5, 7 and 9 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (hereinafter “Convention of Belém do Pará”). With regard to the relatives of Nitza Paola Alvarado Espinoza, Rocio Irene Alvarado Reyes, and José Ángel Alvarado Herrera, the petitioners argue that the Mexican State is responsible for the violation of the rights enshrined in Articles 5, 8 and 25 of the American Convention, all with regard to Articles 1.1 and 2 of that international instrument and, in accordance with Article I.a and I.b of the ICFDP, with regard to their right to know the truth. Specifically in relation to the family members Jaime Alvarado Herrera, Sandra Luz Rueda Quezada, and their children, the petitioners also allege violation of Article 11 of the American Convention. Regarding the requirement of exhaustion of domestic remedies, they allege exceptions stipulated in Article 46.2.a) and b) of the Convention. 3. The State requests that the petition be declared inadmissible inasmuch as it considers that domestic remedies have not been exhausted because a regular domestic investigation is underway to elucidate the facts and to ascertain the whereabouts of the presumed victims. 4. Without prejudging the merits of the case, after analyzing the positions of the parties, and pursuant to Articles 46 and 47 of the American Convention, the Commission decides to declare this case admissible 1 Pursuant to Article 17.2.a of the Rules of Procedure of Commission, Commissioner José de Jesús Orozco Henríquez, a national of Mexico, did not participate in the deliberations nor in the ruling of this case. 2 After the initial petition was submitted, in the brief dated December 24, 2012, the petitioners requested that the following persons also be included as petitioners: Patricia Reyes Rueda in representation of her daughter Rocío Irene Alvarado; María de Jesús Alvarado Espinoza in representation of her sister Nitza Paola Alvarado, and Rosa Olivia Alvarado Herrera, in representation of her brother José Ángel Alvarado Herrera.