American Commission determined that the positions of each had been adequately defined. On October 21, 2004, during its 121st session, the IACHR held a hearing on this matter. III. A. POSITIONS OF THE PARTIES Petitioners 5. The petitioners state that prior to his disappearance, Rosendo Radilla Pacheco worked in providing social support services to the community of Atoyac in the state of Guerrero. They report that on August 25, 1974, the alleged victim was traveling in a bus, in the company of his son, when the vehicle was stopped by a military checkpoint for inspection, whereupon Mr. Radilla Pacheco was immediately detained. Later, they state, Mr. Radilla Pacheco was apparently taken to the Atoyac military barracks,3 where he was kept under illegal arrest for approximately one month and subjected to torture.4 6. The petitioners claim that, at first, the alleged victim’s next-of-kin were afraid to report the incident, fearing the State’s reprisals.5 In spite of this, they say, the family explored several avenues in their attempts to locate him. This consisted of a meeting with Professor Manuel Cabañas, representative of the Governor of Guerrero, Rubén Figueroa Figueroa, who allegedly told them that Mr. Radilla Pacheco was in Military Fort No. 1, in Mexico City. They also state that six months later a person who identified himself as “Neri” asked them for twelve thousand pesos to help them locate the alleged victim, but that when the date arrived they were told that Mr. Rosendo Radilla Pacheco had already died. Some time later, the family and their representatives lodged briefs reporting the alleged facts with different agencies. In 1990, shortly after the creation of the National Human Rights Commission (CNDH),6 his relatives lodged a complaint about this incident with that public body. On March 27, 1992, they filed another complaint with the office of the Guerrero State Attorney General for Justice (PGJE). In connection with the same incidents, on May 14, 1999, a complaint was lodged with the municipal authorities in Atoyac de Álvarez. Additionally, on October 20, 2000,7 they lodged a criminal compliant regarding the forced disappearance of Rosendo Radilla Pacheco and others with the PGJE. However, the state Office of the Public Prosecutor recused itself and referred the case to the office of the Public Prosecutor for Military Justice.8 On November 29, 2000, a complaint was filed with the office of the Attorney General of the Republic; this was ratified on March 29, 2001. The petitioners add that on January 3, 2001, another complaint regarding Rosendo Radilla Pacheco’s disappearance was lodged in the state of Guerrero, and this was referred to the prosecutor’s office on grounds of incompetence on October 25, 2002. 7. In spite of the number of claims filed, the petitioners maintain that as of the lodging of their petition with the IACHR no steps had been taken to clarify what had happened to Mr. Rosendo Radilla or his whereabouts, and so they question the effectiveness of the instruments available 3 In connection with this, the petitioners maintain that “there are various testimonies – all of which are consistent and agree with each other – that claim that Rosendo Radilla was detained until September 30, 1982, at the military barracks located in the town of San Benítez, Atoyac municipality.” Petitioners’ submission, received June 19, 2002. 4 Petitioners’ submission, received November 15, 2001, reporting the testimony of another individual held at the same military facility: “According to the signed statement, September 30, 1982, was the last time he saw Mr. Rosendo; later, the witness was released.” 5 According to AFADEM’s records, between 1974 and 1978 approximately 500 disappearances took place in the state of Guerrero. In addition, in a submission received on June 19, 2002, the petitioners claim that the dangers and vulnerability faced by the relatives during the so-called “dirty war” waged in Mexico in the late 1970s and early 1980s prevented family members from reporting Rosendo Radilla Pacheco’s arrest to the law enforcement agencies. 6 The petitioners state: Following the complaint filings and the CNDH’s investigations, on November 27, 2001, the CNDH presented to President Fox and to public opinion a “Special Report on complaints alleging forced disappearances during the 1970s and early 1980s” which gave rise to recommendation 26/2001. Petitioners’ submission, October 21, 2004. 7 Date corrected by means of a petitioners’ submission received on February 22, 2003. 8 Petitioners’ submission, received February 6, 2003. This filing led to preliminary investigation SC/34/2000/IV/I/E. 2