67
225. Regarding these matters, the Court considers that, first of all, the arguments of the
representatives do not refer to a situation directly related to the investigation carried out in
relation with the forced disappearance of Mr. Radilla-Pacheco, and that, second, they refer to
an alleged situation that implies several of the “survivors” and “next of kin”, without
specifying an actual scenario regarding the investigation of the facts in the specific case.
Therefore, the Tribunal will not issue a ruling in this regard.
b.4) Promotion of the investigations
226. During the public hearing Mrs. Tita Radilla stated (supra para. 9) that the excavations
at the municipality of Atoyac had been carried out based on the references of the next of kin,
according to which it had been said that there were human remains in what was the former
military barracks. In that sense, she indicated that those responsible have not been
investigated nor have the latter stated “where they left [their] next of kin,” among them, Mr.
Rosendo Radilla-Pacheco. Mrs. Tita Radilla added that only one percent of the total property
was excavated.
227. In this regard, in the statement offered by Mrs. Valadez Sanabria, it is indicated that
on December 4, 2007 Mrs. Tita Radilla expanded her statement and “[r]equested [that] the
investigations seeking the location of possible graves that could exist in the inside of the
former Military Barracks of Atoyac de Álvarez, Guerrero, currently named City of the
Services, be carried out, for which she mentioned the possible clandestine burial areas
[…].”231Likewise, in said statement the witness mentioned that on that same day a visual
inspection was carried out in the “City of Services” where different sites were determined
based on that stated by Mrs. Radilla Martínez and other people, “[t]hey are those in which
based on rumors, it is presumed that people that were detained in the seventies and
transferred to the then Military Barracks of Atoyac de Álvarez could be buried […].”232
228. During the public hearing, Mrs. Tita Radilla also stated that “[f]or weeks [they would
go with the agents of the Special Prosecutors’ Office to the] General Archive of the Nation
seeking documents[, and that] they found statements from [their] next of kin who had been
detained and were disappeared,” as well as photographs in which they could observe signs of
torture on several of them. Mrs. Radilla indicated that the Special Prosecutors’ Office told
them they were going to request said documents and that they would give them a copy;
however this never happeneved because those documents were “confidential” based on the
fact that the preliminary inquiry had already been opened. Mrs. Radilla also stated that for
ten days “[t]hey were with [the Special Prosecutors’ Office] at Isla Marías checking all the
files that were there.”233
229. The Tribunal observes that the State mentioned that within preliminary inquiry
PGR/FEMOSPP/033/2002 (supra para. 188), “[p]ersonnel specialized in historical tradition
from the Special Prosecutors’ Office helped, supported, and oriented 10 people from
Guerrero, among which Mrs. Tita Radilla Martínez was present, in the search for information
included in the case files located in gallery 1 of the General Archive of the Nation, regarding
231
Cf. Statement offered by the Attorney Martha Patricia Valadez Sanabria before notary public (affidavit) on
June 18, 2009 (dossier of merits, volume IV, folio 1434).
232
Cf. Statement offered by the Attorney Martha Patricia Valadez Sanabria before notary public (affidavit) on
June 18, 2009 (dossier of merits, volume IV, folio 1435).
233
Cf. Statement offered by Mrs. Tita Radilla Martínez during the public hearing held before the InterAmerican Court on July 7, 2009.
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