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complexity of this type of facts and the structure in which the people probably involved in
the same are located, pursuant with the context in which they occurred, thus avoiding
omissions in the gathering of evidence and in the follow-up of the logical lines of
investigation.209
207.
On the other hand, in relation with the determination of the whereabouts of Mr.
Rosendo Radilla-Pacheco, the Court verifies that within Preliminary Inquiry 26/DAFMJ/2001
(supra para. 185), on May 15, 2001 a cabinet inspection was carried out in the yard of a
property located in Tres Pasos del Río, Municipality of Atoyac de Alvarez, Guerrero, during
which they found, among other things, bone fragments that were identified as non-human,
prior expert reports in the fields of criminal sciences, photography, and anthropology.210 In
this regard, the representatives stated that said diligence was carried out “[w]ithout
informing the next of kin” and “[u]nexpectedly” during the night. They argued that an
excavation where they found bone remains, was carried out and that these were collected
“[w]ithout any care or protection whatsoever,” and that they were taken destroying “[t]he
forensic anthropological context.” Likewise, they stated that “[t]he next of kin did not have
trustworthy experts [and that] after some time they informed them they were animal
remains, leaving the next of kin with serious doubts because of the way in which the
diligence was carried out,” and because those who were present, such as Mrs. Tita Radilla,
saw pieces of clothing around the remains.” The State did not make any specific reference to
this matter. The Court considers that the facts mentioned by the representatives have ben
established, since they can only be disproven through the case file of preliminary inquiry
SIEDF/CGI/454/2007, which the State should have forwarded but refused to do so (supra
paras. 88 through 92).
208. Likewise, it shall be pointed out that it was not until six years later that new
diligences were carried out with regard to the search for the whereabouts of Mr. Rosendo
Radilla-Pacheco, specifically, in what is currently known as the “city of services”, at the
property of the Municipal Council of the City of Atoyac de Alvarez, Guerrero, and where the
Military Barracks of Atoyac de Álvarez were previously located. The State made reference to
the diligences carried out in this sense since October 22, 2007.211 Similarly, the witness
Martha Patricia Valadez Sanabria mentioned a series of diligences that were practiced as of
December 4, 2007. The State indicated that during the last excavation diligences non-human
remains were found, and that the latter was informed to Mrs. Tita Radilla and the archeology
expert accredited by her. The execution of those excavation diligences can also be concluded
from the statemente offered by Mrs. Valadez Sanabria.212
209
Cf. Case of the Serrano Cruz Sisters v. El Salvador, supra note 82, paras. 88 and 105; Case of the
Massacre of la Rochela v. Colombia, supra note 83, paras. 154 and 158, and Case of Anzualdo Castro v. Peru,
supra note 44, para. 154.
210
Cf. Informative card prepared by the Director of Support to Public Prosecutors’ Offices and Judicial
Warrants of the Attorney General of the Republic in Preliminary Inquiry 26/DAFMJ/2001, of July 3, 2001 (dossier of
appendixes to the brief of pleadings and motions, appendix C, folios 1368 through 1371); official letter of the
Agent of the Public Prosecutors’ Office of the Federation, Holder of Table VI, Office of Support to Public Prosecutors’
Office and Judicial Warrants of the Attorney General of the Republic, of May 16, 2001 (dossier of appendixes to the
brief of pleadings and motions, appendix C, folios 1313 through 1314), and official letter from the Physical
Anthropologist, Mr. Arturo Romano Pacheco, of May 23, 2001 (dossier of appendixes to the brief of pleadings and
motions, appendix C, folios 1315 through 1354).
211
Cf. Respondent’s plea to the application (dossier of merits, volume II, folios 708 through 712).
212
Cf. Statement offered by the Attorney Martha Patricia Valadez Sanabria before notary public (affidavit) on
June 18, 2009 (dossier of merits, volume IV, folios 1439 through 1440).
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