79.
Also on January 6, 2010, José Ángel Alvarado Favela filed an appeal on constitutional
grounds (amparo) identifying Colonel Elfego Luján of the 35th Infantry Battalion as the person responsible
for the incidents.69 The available information indicates that this remedy was denied in limine as a result of the
lack of ratification on the part of the beneficiaries, which are the same persons disappeared.
80.
On January 9, 2010, relatives María de Jesús Alvarado, Rosa Olivia Alvarado Herrera, Obdulia
Espinoza Beltrán, and the representatives Emilia González and Luz Estela Castro went to the facilities of the
Fifth Military Region in Chihuahua to report the disappearance of their next of kin, in the presence of the
Lieutenant Colonel of the 35th Infantry Battalion of Nuevo Casas Grandes, Elfego José Luján Ruiz, who denied
the incidents.70
81.
On January 22, 2010, María de Jesús Alvarado Espinoza appeared at the Public Ministry of
Chihuahua to broaden her complaint for the crime of forced disappearance.71
3.
Information about the presence of José Ángel Alvarado Herrera, Nitza Paola Alvarado
Espinoza, and Rocío Irene Alvarado Reyes in the 35th Battalion and the participation
of state agents in the incidents
82.
There are various statements indicating that, on various occasions, state agents told the next
of kin of the alleged victims―and this was not challenged by the State―that the latter were being detained in
the 35th Infantry Battalion in Nuevo Casas Grandes, State of Chihuahua (hereinafter the 35th Battalion).
83.
Regarding this, María de Jesús Alvarado, the mother of Nitza Paola Alvarado Espinoza, stated
that, when she went to the Public Ministry of San Buenaventura, the attorney Aarón Duarte received her
complaint and told her that he had knowledge that her next of kin was at the 35th Battalion, but that of all of
that had to be kept confidential.72 It must be mentioned that Mr. Aarón Duarte, when interrogated by the
authorities within the military jurisdiction, indicated that what he stated was that, if the military had detained
them, then it would be more advisable to request information at the 35th Battalion, but he denied that he had
told them that he had knowledge that they could be found in said battalion.73
84.
María de Jesús Alvarado also indicated that, on January 6, 2010, at 1:00 p.m., she went to the
Attorney General's Office of the Republic to file the complaint and was received by attorney Durazo of the
Seventh Agency in Ciudad Juárez. She added that when she was in that office, she heard a person telling
attorney Durazo that indeed her next of kin were in the "military garrison" but another person made gestures
to him to keep his mouth shut.74
69
Annex XX. Brief of observations on the merits of the case by the petitioners, received on December 5, 2013.
70
Annex XX. Brief of observations on the merits of the case by the petitioners, received on December 5, 2013.
Annex I. Case file. Volume I. Complained filed by María de Jesús Alvarado Espinoza with the Public Ministry of the
Federation, February 22, 2010, page 21 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on
November 3, 2014).
71
72 Annex I. Case file. Volume XII. Statement of testimony made by María de Jesús Alvarado to the National Human Rights
Commission on January 14, 2010, page 106. (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014); Annex I. Case file. Volume XVII. Narrative of the facts drafted by María de Jesús Alvarado Reyes to the representative of the Unit
to Promote and Defend Human Rights of the Secretariat of the Governor's Office. Page 126 of the pdf file (Annex to the brief of
observations on the merits by the petitioners, received on November 3, 2014). In this brief, María de Jesús Alvarado indicated that:
“when they took the complaint, the Public Ministry told us: “be patient, we know that the army detained them and, with an official letter, I
will be asking the 35th Infantry Battalion for information about the detainees.”
73 Annex I. Case file. Volume VII. Statement made by Aarón Enrique Duarte to the Military Justice Major of the Fifth Military
Region, May 24, 2010, page 203 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November
3, 2014).
74 Annex I. Case file. Volume XII. Statement of testimony made by María de Jesús Alvarado to the National Human Rights
Commission on January 14, 2010, page 106 (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014); Annex I. Case file. Volume XVII. Narrative of the facts drafted by María de Jesús Alvarado Reyes to the representative of the Unit to
Promote and Defend Human Rights of the Secretariat of the Governor's Office. Page 126 of the pdf file (Annex to the brief of observations
on the merits by the petitioners, received on November 3, 2014). In this brief, María de Jesús Alvarado indicated that: “when they took
[continues …]