51.
Firstly, the Commission points to several contextual elements that are supported by many pieces of
evidence. As was laid out in the findings of fact, as of 1995 and in implementing the plan known as the “1994
Chiapas Campaign Plan,” with the support of paramilitary organizations, the Mexican armed forces engaged in
a counterinsurgent campaing aimed at regaining PRI control over Chiapas, identifying the EZLN and the PRD
as “enemy forces,” with anyone who was either a member of or sympathizer of those groups or perceived as
such, being at risk. In fact, pursuant to the findings of context, these individuals were targeted victims of serious
human rights violations, as a consequence of this strategy. As to the type of violations that took place, forced
disappearance was cited as one of several. Finally, with regard to context, the Commission notes that around
1998, when Antonio González disappeared, there continued to be a presence of the armed forces in
predominantly indigenous areas as part of the counterinsurgent effort.
52.
Secondly, there are several pieces of evidence linking Antonio González to said context. On the one
hand, Antonio González was a native Ch’ol indigenous person from El Calvario, a community linked to the
emergence of the EZLN and he was a known sympathizer and member of its grassroots support. On the other
hand, Antonio also worked as manager of a cooperative store belonging to said community and was a member
of the PRD. In his statements, Juan López even speculated once that Antonio González could have been
murdered because he was a Zapatista. Based on the foregoing, the Commission can surmise that Antonio
González was readily identifiable specifically as a member of the groups against whom the repression and
counterinsurgent effort were aimed and, therefore, he was a clear target in this context.
53.
However, as regards Juan López, the Commission notes that the case file contains references to this
person being a member of the Paz y Justicia paramilitary group. These references were made by Antonio
González’s wife and the petitioners themselves in this case, the Centro de Derechos Humanos Fray Bartolomé
de las Casas. Moreover, the EZLN Good Governance Junta attributes the disappearance of Antonio González to
the paramilitary group Paz y Justicia, but does not directly identify Juan López as a member of the group or
provide further support in that regard. The Commission finds that membership of his family to the PRI alone
does not make it possible, even in the context described above, to infer Juan López’s membership in the
paramilitary group. Thus, even though the Commission finds as proven fact the specific context making Antonio
González a potential target of the violence perpetrated by the aforementioned paramilitary group, with the
State’s acquiescence, the information available to it is insufficient to draw the conclusion, even based on
circumstantial evidence, that the person with whom Mr. González left his residence voluntarily the day of his
disappearance was a member of the Paz y Justicia paramilitary group. Consequently, an inference of the
deprivation of liberty by a person acting with the acquiescence of the State cannot be made even
circumstantially.
54.
The Commission notes that the State did not provide an alternative hypothesis to the forced
disappearance based on a diligent and effective investigation. While in certain cases,132 the Commission and the
Court have assigned evidentiary value to serious and consistent indications of State responsibility when they
are not investigated adequately, in the instant case the indication of State responsibility arising from the link
between Juan López and the paramilitary group acting in the area with the acquiescence of the State, is based
solely on the statements of the wife of Antonio González, without any other evidence of corroboration, even of
a circumstantial nature. 133 Notwithstanding, the deficiencies in the investigation will be examined in the
following section of the instant report.
55.
In such circumstances, the Commission considers that there is no sufficient information to consider
established the first two constituent elements of forced disappearance and, therefore, it will not proceed to
examine the third one. Based on the foregoing considerations, the Commission concludes that the Mexican State
is not responsible for the violation of the rights established in Articles 3, 4.1, 5.1 and 5.2 and 7.1 of the American
Convention to the detriment of Antonio González Méndez.
IA Court of HR. Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196, pars.
95-97.
133 IA Court of HR. Case of Pacheco León et al v. Honduras. Merits, Reparations and Costs. Judgment of November 15, 2017. Series C No. 342,
pars. 152-153.
132
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