89.
The case file indicates that, afterwards, this witness recanted his eyewitness account,
although the Official of the Public Federal Ministry deemed that "the supposed recanting of the abovementioned driver must be dismissed because it is not substantiated by any kind of evidence, in addition it
contradicts the circumstances he introduces in his first statement and basically the first statement is all the
more prevalent as it was given soon after the incidents, freely and spontaneously, devoid of any elements that
might undermine its accuracy."80
90.
In addition there is the testimony made at the Public Ministry for the Military by Damaris
Baglietto Hernández, who was the Deputy Delegate for Criminal Proceedings (Subdelegada de
Procedimientos Penales) at the time of the incidents, made on March 12, 2010 in front of the Official of the
Public Ministry for the Military who indicated that that she heard of the disappearance of José Ángel Alvarado
Herrera, Nitza Paola Alvarado Espinoza, and Rocío Irene Alvarado Reyes on December 31, 2009 because she
received a call from the Agent of the Public Ministry of the Federation in Nuevo Casas Grandes, Ramón Iván
Sotomayor Siller, who called her by phone between three and five o'clock in the afternoon and indicated that
"he had received a call from attorney Argene Blázquez, who had asked him about three detained persons, but
he had told her he did not have any detained person and she replied that 'in the course of the day soldiers will
be remanding three detained persons in your custody,' that she wanted that when he had those detained
persons in his custody, a commander of the Federal Police by the name of Meza would appear, and that he
should help him out, lending him the detained persons or giving him the chance to see the detained persons
because that commander Meza was conducting an investigation about those persons in connection with the
disappearance of two or three federal police officers (…).”81
91.
The core content of this statement was repeated by Damaris Baglietto in her testimony
before the CNDH on the basis of the following terms:
on December 30, 2009, she received the phone call from SP3, who informed her that she
should take three detained persons which AR5, commander of the Federal Police, who was
in charge of investigating the death of two or three officers of his institution, which took
place in November of that year in Buenaventura wished to interviewed, as a result of which
he requested that she provide him with the facilities for this purpose, to which SP2 replied
that no person had been remanded to his custody, and in response SP3 said that "in the
course of the day, the soldiers will remand them in your custody.”82
92.
Matching this statement is the testimony provided by Ramón Iván Sotomayor Siller himself,
Agent of the Public Ministry of the Federation in Nuevo Casas Grandes, who indicated that, on December 30,
2009, he talked over the phone with Argene Blázquez, who was at that time in charge of Criminal Policy
attached to the State Delegation of Chihuahua, who indicated that, in the course of the day, a Commander of
the Federal Police called "Meza" would go over there to interrogate three persons who were in his custody at
that time and he stated that he did not have any person detained there or the three that were mentioned or
any other, and let alone any remanded into his custody, and Argene Blázquez indicated that, in the course of
the day, soldiers would be remanding these three persons into his custody.83
80 Annex I. Case file. Volume XXII. Admittance order without a detainee of March 31, 2014, referring to the statement of
testimony made by Alberto Hernández de la Cruz, First Sergeant Driver (driver of Colonel Elfego José Luján Ruiz) on February 5, 2010,
page 38 del pdf (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
81 Annex I. Case file. Volume III. Statement made by Damaris Baglietto Hernández to the Official of the Public Ministry for the
Military on March 12, 2010, page 174 (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014).
82 Annex XX. Brief of the petitioners sent as part of the MP 10-10 proceedings with the I/A Court H.R. on September 7, 2011.
Annex No. 3, CNDH - Recommendation 43/11.
83 Annex I. Case file. Volume III. Statement made by Ramón Iván Sotomayor Siller to the Official of the Public Ministry for the
Military on March 12, 2010, page 179 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on
November 3, 2014); see also Annex XX. Brief of the petitioners sent as part of the MP 10-10 proceedings with the I/A Court H.R. on
September 7, 2011. Annex No. 3, CNDH - Recommendation 43/11.