44.
The Commission recalls that this practice in relation to evidence stems precisely from the
nature of forced disappearance itself, the purpose of which is to erase all physical traces of the crime and is
usually followed by a series of acts and omissions by state officials designed to cover up the deed by means of
maneuvers that start with denial of the deprivation of liberty, followed by disinformation or lies about the
whereabouts or fate of the victim, and finally ineffective or slipshod investigations that, far from getting at the
truth, help to perpetuate ignorance of the victim’s fate.11
45.
In the same line, the Court has indicated that dealing specifically with a case of alleged forced
disappearance, indicatory ad presumptive evidence is of special importance because "this type of violation is
characterized by the attempt to eliminate any element that would allow the detention, whereabouts and fate
of the victims to be determined.”12
46.
The facts shall be described on the basis of the following order: A) about the context of
forced disappearances in Mexico; B) about the situation of Nitza Paola Alvarado Espinoza, Rocío Irene
Alvarado Reyes, and José Ángel Alvarado Herrera before their detention and disappearance; C) about the
facts surrounding the disappearance of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes , and José
Ángel Alvarado Herrera; D) about internal proceedings conducted in connection with the disappearance of
Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera; and E) about
the harassment, threats, and impacts on the next of kin after the disappearance of Nitza Paola Alvarado
Espinoza, Rocío Irene Alvarado Reyes , and José Ángel Alvarado Herrera.
A.
Context of forced disappearances in Mexico
1.
General information about forced disappearances and response by the judiciary
47.
The IACHR and other international agencies, nongovernmental organizations, and
national bodies have voiced their concern about the incidence of, and rise in, forced disappearances in
Mexico, perpetrated by agents of the state, especially the military.
48.
In 2011, the Commissioner Rapporteur for Mexico of the Inter-American Commission, in the
framework of his working visit to Mexico, voiced his deep concern about information received that there is a
rise in reports filed for incidents of forced disappearance. Likewise, the IACHR stated that it received
information about the absence of a rapid and efficient response from the state to this situation as there are no
effective search mechanisms, no official investigations, and no programs for helping the victims. On the basis
of the above, the Rapporteur at that time urged the State to promote the actions and measures needed to act
with due diligence to investigate these reports, punish those responsible, and provide the victims with
support.13
49.
Furthermore, on December 20, 2011, the United Nations Working Group on Forced or
Involuntary Disappearances (hereinafter the WGEID) issued a report after the mission it carried out on March
18 to 31, 2011 in the Mexican State. Said report indicated that, as of the year 2006, with the security policy
called the "war against drug trafficking" or the "fight against organized crime," the Federal Government
decided to grant the Armed Forces public security duties, which would not be confined to acting as assistants
to civilian authorities and accepting orders as set forth in the Constitution and the decisions of the National
Supreme Court of Justice (Suprema Corte de Justicia Nacional, hereinafter the SCJN), but rather carrying out
tasks that pertain exclusively to civilian authorities. This report indicated that these operations consist of
deploying thousands of members of the Armed Forces in urban areas or strategic locations such as highways
11
56.
IACHR. Report No. 111/09. Case 11.324. Merits. Narciso González Medina. Dominican Republic. November 10, 2009. Para.
12 I/A Court H.R. Case of González Medina and family v. Dominican Republic. Preliminary Objections, Merits, Reparations and
Costs. Judgment of February 27, 2012. Series C No. 240, para. 134.
13
IACHR. Press Release No. 105/11 - IACHR culminates visit to Mexico. Mexico City, September 30, 2011.