102. On February 22, 2010, María de Jesús Alvarado appeared at the Public Ministry of the Federation where she voiced her wish to broaden the complaint and referred to the phone call received by Mrs. Juana Bustamante in which Nitza Paola Alvarado Espinoza presumably pleaded for help.93 103. According to reports for the State date ay 21 and June 3, 2010, the Commission is aware that, in Record No. AC/PGR/CHIH/NCG/219/2010, information was requested from the 35th Infantry Battalion in Nuevo Casas Grandes about the detention of the alleged victims and in response it was told by this institution that there was no record of any detention of the persons referred to in that place. The Regional Head Office of the Federal Investigations Agency of Ciudad Juárez also responded the same, indicating that there were no data for Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera.94 104. On July 26, 2010, the State reported that in Record No. AC/PGR/CHIH/NCG/219/2010, various steps had been taken, but this record could not lead to any preliminary inquiry until there was enough evidence demonstrating that army troops were involved in the incidents.95 2. Attorney General's Office for Military Justice (Procuraduría General Justicia Militar―PGJM) 105. As a result of the refusal to begin preliminary inquiry No. AP/PGR/CHIH/JUAREZ/27/2010VII, three proceedings were filed96 in the military jurisdiction, which were ultimately joined for reasons of jurisdiction and territoriality on April 16, 2010 in preliminary inquiry No. PGJM/AMMPE/CDJUAREZ/196II/2010.97 106. According to a report forwarded by the State in the proceedings for the provisional measures, on November 17, 2011, as part of the preliminary inquiry, there were 24 statements taken from civilians (7 next of kin, 7 municipal authorities, 4 federal authorities, 3 neighbors, and 3 ejido authorities); 39 statements taken from military staff (28 soldiers, 7 officers, 3 commanders, and 1 general); 36 pieces of documentary evidence; ministerial inspections and requests for information from state and private institutions.98 On the basis of the court case file, at the end of the investigation, 143 pieces of documentary evidence, 45 statements, and 4 eyewitness inspections had been assessed.99 107. On December 29, 2011 the Second Investigating Official of the Public Ministry for the Military decided to shelve this Preliminary Inquiry and forward it to the Deputy Attorney General's Office for Regional Monitoring, Criminal Proceedings and Constitutional Appeals of the PGR, so that the Public Ministry of the Federation would continue to review the facts which were the target of the investigation. The reason behind shelving the inquiry was "that there is no evidence that military personnel has engaged in such illegal activities, so that, in the present case, in the opinion of this Military Social Representation, no military 93 Annex XX. IACHR document requesting provisional measures. Annex 4; Annex I. Case file. Volume I. Statement of testimony made by María de Jesús Alvarado Espinoza to the Official of the Public Ministry of the Federation, page 21 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). 94 Annex XX. Brief of the State sent as part of the MP 10-10 proceedings with the I/A Court H.R. on May 21, 2010; and Annex XX. Brief of the State sent as part of the MP 10-10 proceedings with the I/A Court H.R. on June 3, 2010. 95 Annex XX. Brief of the State sent as part of the MP 10-10 proceedings with the I/A Court H.R. on June 3, 2010. Annex XX. Brief of observations on the merits of the case sent by the State, received on November 7, 2014. See also Annex XX. Brief by the State send as part of the admissibility proceedings with the IACHR, July 11, 2012. Page 5; Annex I. Case file. Volume II. Resolution to start preliminary inquiry 5ZM/04/2010 of January 15, 2010, page 71 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). 96 97 Annex I. Case file. Volume V. Resolution to file for preliminary inquiry PGJM/AMPME/CDJUAREZ/196-II-IV/2010, page 3 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). 98 Annex XX. Official Letter No. PGJM 65547 attached to the State's brief sent as part of the MP 10-10 proceedings with the I/A Court H.R. on December 7, 2011. P. 1-2. 99 Annex I. Case file. Volume XV. Decision to terminate preliminary inquiry PGJM/AMPME/CDJUAREZ/196-II-IV/2010, page 570-689 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).

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