79. Also on January 6, 2010, José Ángel Alvarado Favela filed an appeal on constitutional grounds (amparo) identifying Colonel Elfego Luján of the 35th Infantry Battalion as the person responsible for the incidents.69 The available information indicates that this remedy was denied in limine as a result of the lack of ratification on the part of the beneficiaries, which are the same persons disappeared. 80. On January 9, 2010, relatives María de Jesús Alvarado, Rosa Olivia Alvarado Herrera, Obdulia Espinoza Beltrán, and the representatives Emilia González and Luz Estela Castro went to the facilities of the Fifth Military Region in Chihuahua to report the disappearance of their next of kin, in the presence of the Lieutenant Colonel of the 35th Infantry Battalion of Nuevo Casas Grandes, Elfego José Luján Ruiz, who denied the incidents.70 81. On January 22, 2010, María de Jesús Alvarado Espinoza appeared at the Public Ministry of Chihuahua to broaden her complaint for the crime of forced disappearance.71 3. Information about the presence of José Ángel Alvarado Herrera, Nitza Paola Alvarado Espinoza, and Rocío Irene Alvarado Reyes in the 35th Battalion and the participation of state agents in the incidents 82. There are various statements indicating that, on various occasions, state agents told the next of kin of the alleged victims―and this was not challenged by the State―that the latter were being detained in the 35th Infantry Battalion in Nuevo Casas Grandes, State of Chihuahua (hereinafter the 35th Battalion). 83. Regarding this, María de Jesús Alvarado, the mother of Nitza Paola Alvarado Espinoza, stated that, when she went to the Public Ministry of San Buenaventura, the attorney Aarón Duarte received her complaint and told her that he had knowledge that her next of kin was at the 35th Battalion, but that of all of that had to be kept confidential.72 It must be mentioned that Mr. Aarón Duarte, when interrogated by the authorities within the military jurisdiction, indicated that what he stated was that, if the military had detained them, then it would be more advisable to request information at the 35th Battalion, but he denied that he had told them that he had knowledge that they could be found in said battalion.73 84. María de Jesús Alvarado also indicated that, on January 6, 2010, at 1:00 p.m., she went to the Attorney General's Office of the Republic to file the complaint and was received by attorney Durazo of the Seventh Agency in Ciudad Juárez. She added that when she was in that office, she heard a person telling attorney Durazo that indeed her next of kin were in the "military garrison" but another person made gestures to him to keep his mouth shut.74 69 Annex XX. Brief of observations on the merits of the case by the petitioners, received on December 5, 2013. 70 Annex XX. Brief of observations on the merits of the case by the petitioners, received on December 5, 2013. Annex I. Case file. Volume I. Complained filed by María de Jesús Alvarado Espinoza with the Public Ministry of the Federation, February 22, 2010, page 21 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). 71 72 Annex I. Case file. Volume XII. Statement of testimony made by María de Jesús Alvarado to the National Human Rights Commission on January 14, 2010, page 106. (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014); Annex I. Case file. Volume XVII. Narrative of the facts drafted by María de Jesús Alvarado Reyes to the representative of the Unit to Promote and Defend Human Rights of the Secretariat of the Governor's Office. Page 126 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). In this brief, María de Jesús Alvarado indicated that: “when they took the complaint, the Public Ministry told us: “be patient, we know that the army detained them and, with an official letter, I will be asking the 35th Infantry Battalion for information about the detainees.” 73 Annex I. Case file. Volume VII. Statement made by Aarón Enrique Duarte to the Military Justice Major of the Fifth Military Region, May 24, 2010, page 203 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). 74 Annex I. Case file. Volume XII. Statement of testimony made by María de Jesús Alvarado to the National Human Rights Commission on January 14, 2010, page 106 (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014); Annex I. Case file. Volume XVII. Narrative of the facts drafted by María de Jesús Alvarado Reyes to the representative of the Unit to Promote and Defend Human Rights of the Secretariat of the Governor's Office. Page 126 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014). In this brief, María de Jesús Alvarado indicated that: “when they took [continues …]

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