The State shall conduct, as soon as possible, a rigorous and systematic search using the
appropriate human, technical and financial resources, during which it makes every effort to
determine the whereabouts of Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes
and José Ángel Alvarado Herrera, pursuant to paragraphs 247 and 300 of this judgment.
18. Based on the request of the representatives, the Court considers it pertinent to
recall that it is necessary for the parties to read the judgment in its entirety and not
consider each paragraph of the judgment as if it were independent of the rest. 9 In this
regard, the joint reading of paragraphs 298 to 300, in light of what is established in
operative paragraph 10 of the judgment, gives the criteria ordered by this Court to
comply with the measure of reparation related to the obligation to determine the
whereabouts of the victims. Based on the foregoing, this Court does not consider it
relevant to outline further considerations in this regard.
B. Regarding the scope and timeline related to the measure of
reparation about the National Register of Missing and Disappeared
Persons
B.1. Arguments of the parties and the Commission
19. The representatives highlighted that the use of the term “recommends” in
paragraph 325 of the judgment10 causes confusion regarding the scope of the obligation
contained in said paragraph, in light of what was resolved in operative paragraph 16.11
In this regard, they detailed a series of questions generated by the phrasing used:
a. How should the term “recommends” be understood and what is the scope in this
paragraph of the order of the Honorable Court in light of the obligation contained in operative
paragraph 16 of the same ruling?
b. Which of the criteria provided for in paragraph 325 are necessary for the measures
analyzed by the Illustrious Mexican State to constitute “adequate measures to create a single
updated register of disappeared persons”?
c. Although the Honorable Court establishes that the State must report on this issue in its
annual compliance report (in similarity with all the reparations ordered, except those related
to operative paragraph 14), we consider that it would be very important to define a specific
deadline for the State to analyze the suitability of the measures to create the aforementioned
registry and, if applicable, the type of follow-up that this Court will carry out on the
information provided by the condemned State.
20. For the above reasons, they requested that the scope of said measure be clarified,
in order to generate certainty for the parties.
9
Case of Pollo Rivera et al. v. Peru. Request for Interpretation of the Judgment on Merits, Reparations
and Costs. Judgment of May 25, 2017. Series C No. 335, para. 26.
Paragraph 325: Although the representatives were not clear in their arguments regarding this
measure of non-repetition, the Court recommends […] that the State, within its actual legal framework,
analyze adequate measures to create a single updated register of disappeared persons that generates
statistics, disaggregated by sex, age, place, and authorities presumably involved, and that allows for the clear
determination of the cases that are related to “forced disappearances,” in order to devise comprehensive and
coordinated public policies for the prevention, investigation, punishment and elimination of this practice. To
this end, in its annual report, the State must inform the Court on the adoption of such measures.
10
Operative paragraph 16: The State shall analyze the appropriate measures to create a single and
updated list of disappeared persons which generates statistical data that allows cases of “forced
disappearances” to be determined clearly, pursuant to paragraph 325 of this judgment.
11
5