recommendation, “because the allegations against the Federal Police are based on
presumptions […] that were not duly proved.”
11.
For its part, in its observations, the Inter-American Commission indicated that, to
date, the investigations into the whereabouts of the three beneficiaries José Angel, Rocío
Irene y Nitza Paola, all with the surname Alvarado Reyes, have produced no concrete
results, and the transfer from the military justice system to the ordinary jurisdiction
occurred because the Military Attorney General’s Office determined that there was no
evidence of the participation of soldiers and, therefore, it was no longer competent. In
addition, regarding the measures of protection, the Commission expressed its concern
owing to the “complete absence [of such measures],” because, “as reported, the situation of
lack of protection of this group of beneficiaries has entailed a radical change in their lives
and has obliged them to take [their own] measures.”
12.
The Court notes that the State has underscored the realization of several
investigations to find the whereabouts of the disappeared persons. In this regard, the
representatives of the beneficiaries have indicated their disagreement with the fact that
military personnel have been exempted of responsibility and that the line of investigation
related to the supposed telephone call by one of the disappeared persons has been closed.
Thus, in their final observations, they denounced the omission of detailed information in the
reports on the inquiries carried out by the State. Furthermore, the CNDH has recommended
that the beneficiaries be found immediately and produced alive. Also, regarding the
implementation of measures of protection in favor of the next of kin who are beneficiaries,
the State has argued that it has made numerous measures available to them, but does not
have sufficient information to ensure the implementation of these measures. In this regard
the representatives have indicated that they do not consider that these measures meet the
needs for protection.
13.
Taking into account the information provided by the parties, the Court considers that
the delay in the search for those who presumably disappeared entails a constant increase in
the danger that many rights will be violated, including the rights to life and to personal
integrity.
14.
Regarding the implementation of the measures in favor of the next of kin who are
beneficiaries, there is evidence of a discrepancy between the beneficiaries’ need for
protection and their disagreement with the State’s intention to involve the Federal Police in
the execution of the provisional measures. In this regard, the Court considers that, based
on the seriousness of the situation, the State must take into account the special needs of
the beneficiaries in order to provide appropriate measures that guarantee their personal
integrity and life and, consequently, reject those alternatives that have repeatedly been
ineffective.
15.
Therefore, the Court finds it necessary that, to ensure the due implementation of the
measures, the State: (a) continue taking steps to determine the whereabouts of the
beneficiaries as part of its obligation to investigate, and in the understanding that this
search is the most appropriate way to protect the rights to life and to personal integrity of
the beneficiaries who have presumably disappeared; (b) propose specific alternatives, in
agreement with the beneficiaries or their representatives, in order to correct the deficiencies
in the implementation of the measures; (c) forward the Court a consolidated list of the
agreements reached by the parties at the different meetings held with the representatives
and the beneficiaries, and the timetable for the implementation of these agreements, and
(d) inform this Court in a precise and detailed manner of the specific measures of protection
provided to each beneficiary in keeping with their special needs for protection.
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