85.
Jaime Alvarado Reyes indicated that, on December 30, 2009, he went to the office of the
Ministerial Police of Nuevo Casas Grandes, where he had an interview with a civil servant bearing the last
name of Leyva, who told him that he knew that his next of kin were being held in the 35th Battalion.75
86.
As part of the case file, there also is the statement made by Alberto Hernández de la Cruz,
First Sergeant Driver, on February 5, 2010 to the Official of the Public Ministry for the Military, indicating that
Colonel Elfego Luján Ruiz, who was senior commander of 35th Battalion, carried out illegal activities and that
he had information that "in the town of Benito Juárez they took a handicapped woman and a man, who were
taken from their home by personnel wearing desert and jungle camouflage uniforms, which led to an
intervention on the 35th Infantry Battalion and the 20th Motorized Regiment of Ciudad Juárez on the part of
the Commander of the military garrison of Palomas Chihuahua to investigate the whereabouts of the civilians
referred to.”76
87.
According to the Official of the Public Ministry of the Federation regarding the records of the
orders issued in the investigation against Elfego José Lujan Ruiz, it was understood that Nitza Paola Alvarado
Espinoza suffered from a paralysis of the left side of her body (hemiplegia), which matched the indication
provided by First Sergeant Alberto Hernández de la Cruz in his statement of February 5, 2010, with reference
to a persons that he described as a "handicapped woman.”77
88.
In the same statement, First Sergeant Driver Alberto Hernández de la Cruz indicated that, on
January 13, 2010, they went to supervise the staff of the Regional Individual Combat Training Center (Centro
de Adiestramiento de Combate Individual Regional―CACIR), located in Parral, Chihuahua, and the following
day the commanders referred to were summoned to a meeting with the staff of the National Human Rights
Commission in the General Headquarters of the Fifth Military Region at about twelve o'clock noon.78
Regarding what happened during the return trip to the Battalion, the statement indicates the following:
while they were travelling back to the battalion Colonel Luján Ruiz answered a phone call
from one of the four cell phones that he carried and I heard that he was being alerted about
the presence of the Commander of the Garrison of Palomas, and I realized that Colonel Luján
Ruiz with notable concern asked ‘and what do you know about the garbage I ordered them
to get rid of, did they throw it away?’ I heard that they said yes, although I did not
understand what they meant by this question, but it really drew my attention, remembering
that, on the cell phone from which he received the call he would only receive calls from the
closest officers, among whom there were Captain Altamirano Mendoza and Lieutenants Díaz
Pineda, Munguía Condado, Bonifacio Juárez, and Martínez Montiel.79
[… continuation]
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.”
75 Annex I. Case file. Volume XII. Complaint about the facts filed by the CNDH with the Attorney General for Military Justice on
September 9, 2011, page 37 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3,
2014).
76 Annex I. Case file. Volume XXII. Admittance order without a detainee of March 31, 2014, referring to the statement of
testimony made by Alberto Hernández de la Cruz, First Sergeant Driver (driver of Colonel Elfego José Luján Ruiz) on February 5, 2010,
page 381 del pdf (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
77 Annex I. Case file. Volume XXII. Admittance order without a detainee of March 31, 2014, page 381 del pdf (Annex to the brief
of observation s on the merits by the petitioners, received on November 3, 2014).
78 Annex I. Case file. Volume XXII. Admittance order without a detainee of March 31, 2014, referring to the statement of
testimony made by Alberto Hernández de la Cruz, First Sergeant Driver (driver of Colonel Elfego José Luján Ruiz) on February 5, 2010,
page 381 del pdf (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).
79 Annex I. Case file. Volume XXII. Admittance order without a detainee of March 31, 2014, referring to the statement of
testimony made by Alberto Hernández de la Cruz, First Sergeant Driver (driver of Colonel Elfego José Luján Ruiz) on February 5, 2010,
page 38 of the pdf file (Annex to the brief of observations on the merits by the petitioners, received on November 3, 2014).