39 relative at that time was detained, we had to disappear from the region in order to avoid being arrested.”103 B. The context in which the facts of the present case occurred 132. It has been documented that at the time at which Mr. Rosendo Radilla-Pacheco was detained and disappeared numerous forced disappearances of persons occurred throughout the Mexican territory.104 Thus, it can be concluded from the body of evidence that the National Human Rights Commission of Mexico,105 within the framework of the Special Program for Alleged Disappeared Persons,106 examined 532 case files of complaints regarding the forced disappearance of persons perpetrated during the “[p]henomena classified as the ‘Dirty war of the seventies’.”107 Based on that investigation, the National Commission issued Recommendation 026/2001,108 in which it indicated that it had sufficient elements to conclude that in at least 275 cases of those examined the several of the rights of those people reported as disappeared were violated.109 103 Cf. Complaint filed before the Agent of the Public Prosecutors’ Office of the Common Jurisdiction of the city of Atoyac de Álvarez, Guerrero, on May 14, 1999 (dossier of appendixes to the brief of pleadings and motions, appendix D(20), folios 1906 through 1907). 104 Cf. Recommendation 026/2001 of the National Human Rights Commission (dossier of appendixes to the application, appendix 3, folio 871; dossier of appendixes to the respondent’s plea, appendix V(2), page 1) and Historical Report for the Mexican Society, Special Prosecutors’ Office for Social and Political Movements of the Past. Attorney General of the Republic, 2006 (dossier of appendixes to the application, appendix 4, pages 503 through 530). 105 On June 6, 1990 the National Human Rights Commission was created through a presidential decree as a decentralized body of the Secretariat of the Interior (dossier on merits, volume III, appendix V(1), folios 845 and 846). Subsequently, through a reform to Article 102, section B, of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on September 13, 1999, said body was granted constitutional status (dossier of appendixes to the respondent’s plea, appendix V(4), pages 1 and 2). 106 The Constituent Council of the National Human Rights Commission agreed the “[c]reation of a program addressed to the search of missing persons,” after which on September 18, 1990 the Special Program for the Alleged Disappeared Persons was created. Cf. Recommendation 026/2001 of the National Human Rights Commission (dossier of appendixes to the respondent’s plea, appendix V(2), page 1) 107 To these effects, said National Commission carried out field investigations and had direct contact with the next of kin of the disappeared, gathered documents in the General Archive of the Nation, the National Library and Newspaper Library, the Library of the Attorney General of the Republic, the Mexico Library, and the Archives of the Center of National Research and Security Center, requested information from the Attorney General of the Republic on aggrieved parties and the complaints filed, it analyzed case files and carried out visual inspections at different governmental instances, among others. Cf. Recommendation 026/2001 of the National Human Rights Commission (dossier of appendixes to the application, appendix 3, folios 871, 872, and 889, and dossier of appendixes to the respondent’s plea, appendix V(2), pages 1, 2, 17, and 18). The Report of the Special Prosecutors’ Office states that the period called “dirty war” is named this way in direct reference to the way in which the counterinsurgence actions were carried out to contain armed groups considered violators of the law. Cf. Historical Report for the Mexican Society, Special Prosecutors’ Office for Social and Political Movements of the Past. Attorney General of the Republic, 2006 (dossier of appendixes to the application, appendix 4, page 279). 108 The recommendation was issued based on that stated in Articles 102, section B, of the Political Constitution of the United Mexican States; 1, 3, 6, fractions I, II, III; 15, fraction VII; 24, fraction IV, 44, 46, and 51 of the Law of the National Human Rights Commission. Cf. Recommendation 026/2001 of the National Human Rights Commission (dossier of appendixes to the application, appendix 3, folio 873, and dossier of appendixes to the respondent’s plea, appendix V(2), page 3) 109 Cf. Recommendation 026/2001 of the National Human Rights Commission (dossier of appendixes to the application, appendix 3, folio 872; dossier of appendixes to the respondent’s plea, appendix V(2), page 2).