16.
Regarding the domestic investigations, the Court reiterates that the State has a
special obligation to ensure the rights of persons in a situation of risk and must expedite the
investigations required to clarify the facts, followed by the consequences established by the
pertinent laws.5 However, the analysis of the effectiveness of these investigations and
procedures regarding the facts that gave rise to the provisional measures corresponds to
the analysis of the merits of the case.6
c) Information on the situation of risk of the beneficiaries
17.
In their briefs of July 8, August 7 and 29, September 7 and November 20, 2011, and
November 7, 2012, the representatives denounced the persistence and increase in the risk
to the detriment of the beneficiaries of the measures based on the following circumstances:
a) The time that has elapsed without the provisional measures being implemented
and the erosion of the State’s interest in this case;
b) The fresh acts of harassment against the representatives of the beneficiaries,
because the State invited members of the military to participate in the meeting of
June 3, 2011, in response to which the representatives requested “the withdrawal
of the members of the military, because the matter that resulted in the
provisional measures is a case of enforced disappearance in which it has been
indicated that the Army is presumably responsible”;
c) On June 5, 2011, at around 8 p.m., Federal Police agents burst into the office of
the Paso del Norte Human Rights Center in Ciudad Juárez and, “without a warrant
and without any justification, the police searched the office, destroying padlocks
on doors with hammers and breaking windows”;
d) On July 4, 2011, at around 2 p.m., beneficiary Jaime Alvarado Herrera arrived at
a friend’s house near the Terranova Division in Ciudad Juárez where he was
arrested together with three other people and taken to the Aldama Police Station;
they were released after his father, Jose Ángel Alvarado Favela, who is also a
beneficiary of these measures, came to the station. Furthermore, on July 7,
2011, individuals armed with rifles for the exclusive use of the Army approached
the property where José Ángel Alvarado used to live, which is currently rented
out, and in a threatening tone told the tenant: “leave this house immediately”;
e) On July 11, 2011, Federal Police agents went to the home of Nitza Paola in
Ciudad Juarez and asked the neighbors for the Alvarado family. The neighbors
told them that the property had been unoccupied for some time. The agents then
took photographs and left;
f) On July 14, 2011, beneficiary Jaime Alvarado, Jose Ángel’s brother, “got on his
bicycle and noticed that some individuals, apparently police agents, in a truck […]
started to follow him and, at a certain moment, the vehicle hit him hard,
5
Cf. Matter of Álvarez et al. Provisional measures with regard to Colombia. Order of the Inter-American
Court of Human Rights of February 8, 2008, thirtieth considering paragraph, and Matter of José Luís Galdámez
Álvarez et al., supra note 1, eighteenth considering paragraph.
6
Cf. Matter of Pilar Noriega García et al. Provisional Measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of February 6, 2008. Fourteenth considering paragraph, and Matter of Gladys
Lanza Ochoa, supra note 5, twenty-seventh considering paragraph.
7