16.
They pointed out that the State violated the right to life, taking into account four elements:
a) there is considerable suspicion indicating that Infantry Colonel José Elfego Luján Ruiz is responsible for the
forced disappearance of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado
Herrera; b) various media charge this person with perpetrating various extrajudicial executions; c) the
detention of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes , and José Ángel Alvarado Herrera
was conducted with excessive use of force; and d) four years have elapsed since the detention without any
clues about whether or not the disappeared persons have survived.
17.
The petitioners argued that the State violated the right to humane treatment [personal
integrity] because, in the arrest of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel
Alvarado Herrera, verbal, physical, and psychological violence was used to subdue them. They indicated that
said violation has been upheld during the alleged victims' prolonged solitary confinement and has forced
them to remain incommunicado, which constitutes cruel and inhumane treatment.
18.
The petitioners claim that the right to personal liberty was violated because it is not
possible to think of the forced disappearance of a person without the necessary appearance of a breach of
said right.
19.
They alleged the violation of the rights to a fair trial and judicial protection because of
the absence of an investigation of the facts with due diligence. They added that the criminal investigation was
divided into various investigation files, which were opened in various agencies and for diverse crimes. They
pointed out that they were made aware of at least eight case files that were opened on various dates and that
these proceedings did not provide the safeguards of due process of law because, to date, no substantial
progress has been made in identifying those responsible or in locating the alleged victims. Likewise, they
argued that they filed an appeal on constitutional grounds (amparo) but, because this appeal requires
ratification by the victims, it cannot be effective in the case of forced disappearances.
20.
They stated that Nitza Paola Alvarado Espinoza made a phone call on February 3, 2010 to a
friend asking for help. They added that, despite this, the call was not duly investigated. They indicated that
the State justified its absence of thoroughness by pointing out that the call was for purposes of extortion
although the facts do not indicate that it involved any ransom payment, which is an essential element for that
crime.
21.
They also alleged that the State failed to fulfill its duty to condemn forms of violence against
women as set forth in Article 7 of the Belém do Pará Convention regarding Nitza Paola Alvarado Espinoza and
Rocío Irene Alvarado Reyes. According to the petitioners, their gender status placed them in a situation of
vulnerability, which is all the more severe in the face of the armed forces in the context of widespread
violence against women in the country.
22.
The petitioners also contended that the Mexican State failed to observe Articles I.a, I.b, I.c,
and IX of the IACFDP because there are enough elements to consider that Nitza Paola Alvarado Espinoza,
Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera disappeared with the use of force by army
troops and that the State had not undertaken any of the measures needed to conduct a thorough
investigation. In addition, part of the criminal investigation was carried out in the jurisdiction of the military,
where it remained from February 20, 2010 to December 29, 2011.
23.
As for the next of kin of the disappeared persons, the petitioners alleged that the rights to
humane treatment [personal integrity], a fair trial [judicial guarantees], and judicial protection, in connection
with the right to the truth, were violated. They specified that these violations are based on the threats,
harassment, and other acts of violence perpetrated against them. They also indicated the absence of judicial
protection with respect to these actions, which have remained unpunished. They highlighted the suffering
entailed as a result of the displacement of some of the next of kin from the place where they lived for security
reasons. Additionally, they mentioned that both the disappearances as wells as the subsequent events,
resulted in the fragmentation of the family and have caused a deep impact in each of its members.