discipline or law was infringed; nevertheless, it is highly likely that persons engaged in drug trafficking
activities are involved in these illegal actions.”100
108.
As
described
by
the
State,
a
"breakdown"
of
preliminary
inquiry
PGJM/AMPME/CDJUAREZ/196-II-IV/2010 carried out by the Attorney General's Office for Military Justice
was incorporated into the preliminary inquiry being conducted by the Chihuahua Delegation of the PGR.101
The State did not explain what the above-mentioned "breakdown" consisted of nor does any further
information appear in the case file about whether it was a partial or total remittance of what had been
investigated by military criminal justice.
109.
After the shelving of the preliminary inquiry on January 3, 2012, preliminary inquiry
AP/PGR/DGCAP/ZNO-II/1ª/2012102 started, and as a part of it a series of steps were taken;103 nevertheless,
on February 9, 2012, the Directorate General for Monitoring Preliminary Inquiries declined to take
jurisdiction on territorial grounds and referred the case to the Chihuahua Delegation of the Attorney
General's Office of the Republic.104 Because of that, on February 13, 2012, the Chihuahua Delegation of the
PGR started preliminary inquiry AP/PGR/CHIH/JUA/467/2012-XI-A, for the crimes of abuse of authority and
forced disappearance.105 As indicated below this preliminary inquiry was joined to others which were being
conducted by the same investigative authority.
3.
District Attorney's Office for Justice of the State of Chihuahua (Procuraduría General
de Justicia Estado Chihuahua―PGJE-Chihuahua)
110.
On December 31, 2009, Patricia Reyes (mother of Rocío Irene Alvarado Reyes ) and María de
Jesús Alvarado (sister of Nitza Paola Alvarado Espinoza) appeared at the Attorney General's Office for Justice
of the State with the Public Ministry of the regular jurisdiction of Buenaventura Chihuahua, where they filed a
complaint with an official of the Public Ministry, Aarón Enríquez Duarte, for the incidents that occurred on
December 29, 2009 to the detriment of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José
Ángel Alvarado Herrera.106
100 As part of the considerations to decide shelving the case, the Official of the Public Ministry deemed : a) that the complaints
filed by María de Jesús Alvarado Espinoza and Patricia Reyes Rueda are ambiguous because the pointed out that their next of kin were
taken by persons dressed as military but do provide specifics about the latter that would make it possible to identify military personnel
located in the entity where the incidents took place; b) it is only the civilian Patricia Reyes Rueda who is sure of the facts; c) military
personnel of the Military Garrison of Ciudad Juárez, Chihuahua, are attached to the Fifth Military Region and its jurisdiction does not
extend up to the Municipality of Buenaventura, Chihuahua; d) the 35th Infantry Battalion did not conduct any operations as of December
26, 2009 in Buenaventura, Chihuahua; e) the military personnel were not in charge of the motor vehicle from which Nitza Paola Alvarado
Espinoza and José Ángel Alvarado Herrera were taken; f) there is no army officer called “Meza”; g) the civilians Nitza Paola Alvarado
Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera were not found to be detained in the facilities of the 35th
Infantry Battalion on the basis of the inspection that was carried out. 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).
101
Annex XX. Brief of the State sent as part of the MP 10-10 proceedings with the I/A Court H.R. on April 10, 2012.
Annex I. Case file. Volume XV. Decision to start preliminary inquiry AP/PGR/DGCAP/ZNO-II/1ª/2012, January 3, 2012, page
690 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
102
103 Annex I. Case file. Volume XV. Decision to terminate preliminary inquiry AP/PGR/DGCAP/ZNO-II/1ª/2012, February 9,
2012, pages 695-709 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
104 Annex I. Case file. Volume XV. Decision to terminate preliminary inquiry AP/PGR/DGCAP/ZNO-II/1ª/2012, February 9,
2012, page 709 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
105 Annex I. Case file. Volume XVI. Informative card about the start of preliminary inquiry AP/PGR/CHIH/JUA/467/2012-XI-A
of February 13, 2012, page 3 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014).
106 Annex XX. Brief of observations on the merits of the case by the petitioners, received on February 18, 2014. Annex No. 2,
Statement made by Patricia Reyes and María de Jesús Alvarado to the Official of the Public Ministry of Buenaventura, Aaron Enríquez
Duarte, attached to what was, at the time, PGJE-Chihuahua, on December 31, 2009; Annex I. Case file. Volume XVI. Complaint filed by
Patricia Reyes Rueda with the Attorney General's Office for Justice of Buenaventura on December 31, 2009, page 42 of the pdf file (Annex
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