D.
About domestic proceedings carried out in connection with the disappearance of Nitza
Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado
Herrera
1.
Chihuahua Delegation of the Attorney General's Office of the Republic
98.
On January 6, 2010, Patricia Reyes Rueda filed a complaint against army troops in the Office
of the Program to Process Complaints and Reports of the Joint Operation Chihuahua in Ciudad Juárez, which
was assigned No. 886/0987.
99.
On
that
same
date,
the
case
file
for
the
preliminary
inquiry
AP/PGR/CHIH/JUAREZ/27/2010-VII was filed with the Seventh Agency of the Public Ministry of the
Federation.88 On January 13, 2010, said Agency declined to take jurisdiction claiming it was not competent to
do so, but that Attorney General's Office of Military Justice did have jurisdiction because it believed that, on
the basis of the evidence and records appearing in the preliminary inquiry, "it can be concluded that the
offense of abuse of authority was possibly committed in which it seems that troops of the National Defense
Secretariat were involved.”89
100.
On February 10, 2010, the Deputy Attorney General's Office for Regional Monitoring,
Criminal Proceedings, and Constitutional Appeals of the State Delegation of Chihuahua, Deputy Delegation of
Criminal Proceedings "A" of the PGR authorized examination of the jurisdictional claim and ordered that the
proceedings be filed with the Attorney General for Military Justice,90 which was effectively forwarded on
February 20, 2010.91
101.
Furthermore, on February 15, 2010, the PGR opened the record No.
AC/PGR/CHIH/NCG/219/2010, stemming from official letter No. SCRPPA/ST/01280 forwarded by the
Technical Secretary of the Deputy Attorney General for Regional Monitoring, who requested that the
disappearance of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado
Herrera be investigated.92
87 Annex XX. Receipt of the complaint filed by Patricia Reyes Rueda against army troops with the Program to Process
Complaints and Reports about the Joint Operation Chihuahua in Ciudad Juárez. Annex No. 3 to the brief of the petitioners received on
June 26, 2011; Annex I. Case file. Volume VI. Complaint filed by Patricia Reyes Rueda against army troops with the Program to Process
Complaints and Reports about the Joint Operation Chihuahua in Ciudad Juárez, page 4 of the pdf file (Annex to the brief of observations
on the merits by the petitioners, received on November 3, 2014).
88 Annex I. Case file. Volume II. Official letter informing the start of preliminary inquiry AP/PGR/CHIH/JUAREZ/27/2010-VII,
January 6, 2010, page 19 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014).
89 Annex I. Case file. Volume I. Resolution where the Seventh Agency of the Public Ministry of the Federation declined to take
jurisdiction for preliminary inquiry AP/PGR/CHIH/JUAREZ/27/2010-VII of January 13, 2009, page 19 of the pdf file (Annex to the brief
of observations on the merits by the petitioners, received on November 3, 2014).
90 Annex XX. IACHR document requesting provisional measures. Annex 4; Annex I. Case file. Volume I. Authorization to
consult lack of competence for jurisdictional reasons of the PGR, February 10, 2010, page 20 of the pdf file (Annex to the brief of
observations on the merits by the petitioners, received on November 3, 2014).
91 Annex XX. IACHR document requesting provisional measures. Annex 4; Annex I. Case file. Volume I.
Official letter
suspending preliminary inquiry 27/2010from the Deputy Attorney General's Office for Regional Monitoring, Criminal Proceedings, and
Constitutional Appeals, February 20, 2010, page 22 of the pdf file (Annex to the brief of observations on the merits by the petitioners,
received on November 3, 2014).
92 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. Annex Official
Letter No. SJAI/CAIA/DGCI/867/2010. PGR. P. 3.