an appeal, drawing attention to the fact that the judge who denied the arrest warrant had examined a file of
more than 11,000 pages, made up of 22 volumes and 10 annexes, in less than 24 hours.192 On April 24, 2014,
the PGR filed complaints against the decision to deny the arrest warrant, on grounds that the judge failed to
take into account the wealth of evidence that strongly suggested that members of the military had detained
Nitza Paola Alvarado Espinoza, José Ángel Alvarado Herrera, and Rocío Irene Alvarado Reyes.193 That
challenge stated that:
That being the case, there is no question that the material he disallowed points to the likely
involvement of Colonel Elfego José Lujan Ruiz in the commission of the crime of forced
disappearance of the victims, since the accused, under command responsibility, used the
35th Battalion to commit crimes, that is, by exercising control over his power organization
(the battalion), and we are referring to an organization that was acting independently of,
contrary to, or separately from the law, which caused personnel attached to it to commit the
crime of forced disappearance to the detriment of the victims Nitza Paola Alvarado Espinosa
[sic], Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera, as reported by those who
witnessed the events and by the victims’ relatives who were present when the acts
occurred.194
157.
On June 27, 2014, the responsible official upheld the denial of the arrest warrant against
Elfego José Luján Ruiz.195 As a result, on September 11, 2014, counsel for the victims, Luz Estela Castro
Rodríguez, filed for amparo in the federal courts against the Judge of the Fourth Unitary Court of the
Seventeenth Circuit for upholding the denial of the arrest warrant against Elfego José Luján Ruiz for the crime
of forced disappearance.196
158.
On December 31, 2014, that amparo petition was denied by the Third Unitary Court of the
Seventeenth Circuit because it deemed groundless, among other things, the petitioner’s arguments that the
respondent official failed to meet existing international parameters on forced disappearance or improperly
assessed the evidence.197
159.
At the same time as the foregoing, steps were being taken in connection with preliminary
inquiry AP/PGR/SDHPDSC/UEBPD/M5/50/2014 as a result of the culling of documents that took place on
April 8, 2014,198 for the purpose of continuing the search for other responsible parties.199
160.
On
May
14
and
15,
2014,
as
part
of
preliminary
inquiry
AP/PGR/SDHPDSC/UEBPD/M5/50/2014, the PGR conducted a Public Ministry inspection of the place
192 Annex I. Case file. Volume XXIV, part 2. Official Letter from the PGR to the CNDH, October 20, 2014, page 310 of the pdf.
(Annex to the petitioners’ observations on the merits received on June 9, 2015).
193
Annex XX. State’s observations on the merits received on August 26, 2014.
Annex I. Case file. Volume XXIII. Formulation of damages by the PGS to the Fourth Unitary Tribunal of the Seventeenth
Circuit, April 24, 2014, page 164 of the pdf. (Annex to the petitioners’ observations on the merits received on November 3, 2014).
194
195 Annex I. Case file. Volume XXV, part I. Amparo ruling of December 31, 2014, page 20 of the pdf. (Annex to the petitioners’
observations on the merits received on June 9, 2015).
196 Annex I. Case file. Volume XXV, part I. Amparo ruling of December 31, 2014, page 20 of the pdf. (Annex to the petitioners’
observations on the merits received on June 9, 2015).
197 Annex I. Case file. Volume XXV, part I. Amparo ruling of December 31, 2014, page 148 of the pdf. (Annex to the petitioners’
observations on the merits received on June 9, 2015).
198
Annex I. Case file. Volume XXIII. Communication on the opening of preliminary inquiry
AP/PGR/SDHPDSC/UEBPD/M5/2014, April 8, 2014, page 44 of the pdf. (Annex to the petitioners’ observations on the merits received on
November 3, 2014).
199
Annex I. State’s observations on the merits received on November 3, 2014.