5
Rocio, Nitza, and José Ángel Alvarado. The State adduces that these steps have yielded significant criminalistic
findings for ascertaining the whereabouts of the presumed victims.
23.
The State indicates that several lines of investigation have been pursued, including to establish
the possible participation of military officials and/or members of organized crime. It also describes the joint efforts
conducted by local and federal authorities to collect data relevant to the investigation. In addition, the State refers
to the steps taken in response to the complaint filed with the National Human Rights Commission (“CNDH”). It
reports that on June 30, 2011, the CNDH issued Recommendation 43/2011—which is in the compliance stage—
and instructs several State authorities to ascertain the whereabouts of the presumed victims and to elucidate the
facts.
24.
In addition, the State indicates that although investigations were initially undertaken under
military law, currently only one investigation is open, under the responsibility of the Office of the Attorney General
of the Republic. It states that the military investigation did not yield any information that would have made it
possible to establish the possible participation of military personnel in the alleged disappearance of the presumed
victims. Therefore, the military ministerial authority ordered that the investigation be closed, and the proceedings
were forwarded to the Office of the Attorney General of the Republic.
25.
The State reports that the process under the responsibility of the Office of the Attorney General
of the Republic is in the preliminary inquiry stage, begun on November 16, 2011. It indicates that in 2012, the
authorities continued to taking different actions to ascertain the whereabouts of the three presumed victims,
among which was to include them on the National Register of Missing Persons, and to order the beginning of an
investigation, with the representation of the Federal Agency of Investigation in Chihuahua state.
26.
In light of the information provided, the State alleges that the investigation being carried out by
the Office of the Attorney General of the Republic is the suitable remedy for ascertaining the whereabouts of the
presumed victims and for elucidating the facts related to their alleged disappearance. The State holds that this
investigation has been carried out with due gravity, exhaustively, and impartially, in accordance with international
standards on the matter. In other words, it considers that it has met its international obligations regarding the
subject matter of this petition, and holds that the petition should be declared inadmissible because it does not
meet the requirement of prior exhaustion of domestic remedies.
IV.
ADMISSIBILITY ANALYSIS
A.
Jurisdiction of the Commission ratione personæ, ratione loci, ratione temporis and ratione
materiæ
27.
Under Article 44 of the American Convention, the petitioners are empowered to submit petitions
to the Commission. The petition indicates individual people as the presumed victims, in regards to whom the
7
Mexican State pledged to respect and guarantee the rights enshrined in the American Convention. As to the State,
the Commission notes that Mexico has been a State Party to the American Convention since March 24, 1981, when
it deposited its instrument of ratification. In addition, Mexico ratified the Convention of Belém do Pará on
7
In the brief dated December 24, 2012 the petitioners identified as victims the following relatives of Nitza Paola Alvarado Espinoza,
Rocío Irene Alvarado Reyes, and José Ángel Alvarado Herrera: i) Relatives of José Ángel Alvarado Herrera: José Ángel Alvarado Favela (father),
Concepción Herrera Hernández (mother), Obdulia Espinoza Beltrán (wife), J.A.E. (daughter, 12 years), J.A.A.E. (son, 7 years), A.E.B. (daughter, 2
years), Jaime Alvarado Herrera (brother) and his wife Sandra Luz Rueda Quezada, and their children J.O.A.R (16 years), R.G.A.R. (16 years);
C.N.A.R. (9 years) and J.E.A.R. (3 years); Rosa Olivia Alvarado Herrera (sister) and her husband Félix García García and their children Karina Paola
Alvarado Espinoza, F.A.H. (15 years), J.G.A. (4 years), and A.G.A (minor); Manuel Melquíades Alvarado Herrera (brother) and his wife Mayra
Daniela Salaís Rodríguez and the children D.J.A.S. (minor) and X.A.S (minor); ii) Relatives of Nitza Paola Alvarado Espinoza: Asención Alvarado
Fabela (father), María de Jesús Espinoza Peinado (mother), N.S.A.E. (daughter, 16 years), M.P.A.E. (daughter, 16 years), D.A.E. (daughter, 13
years), María de Jesús Alvarado Espinoza (sister) and her husband Rigoberto Ambriz Marrufo and children R.A.A. (14 years), I.A.A.A. (11 years),
J.E.A.A. (9 years), and A.Y.A.A. (7 years); iii) Relatives of Rocío Irene Alvarado Reyes: A.M.U.A (daughter, 4 years), Patricia Reyes Rueda (mother),
A.A.R. (brother, 15 years), R.A.A.R. (brother, 14 years), Manuel Reyes Lira (grandfather) and María de Jesús Rueda Villanueva (grandmother).
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