Reyes Rueda, Obdulia Espinoza Beltrán, and a member of the municipal police force.173 Also received were
crime-scene field and photographic reports.174
144.
In the context of that inquiry, on June 13, 2013, a statement was made by Elfego José Luján
Ruiz, who was in charge of the 35th Infantry Battalion at the time of the events. He denied the participation of
the 35th Battalion in the disappearance of the alleged victims and indicated they he knew that three persons
had been “taken away” on December 29, 2009, but that no operation had been carried out to look for them
since no order had been received to do so.175 He also said that patrols were conducted only on orders from his
commanding officer, Major Felipe de Jesús Espitia Hernández.176
145.
In turn, on June 14, Captain Joel Sotelo Vázquez gave a statement in which he said he was
unaware of the facts surrounding the disappearance of the three persons, but that he conducted an
investigation in the 35th Infantry Battalion into the homicide of two people who were being questioned in the
235th Battalion, in which Infantry Colonel Elfego José Lujan Ruiz, Alfredo Bravo Alcaraz, and Captain
Cludualdo presumably participated.177
146.
On June 30, 2013, the Deputy Attorney General's Office for Regional Monitoring, Criminal
Proceedings, and Constitutional Appeals of the PGR decided to decline jurisdiction after receiving information
that the Deputy Attorney General's Office for Human Rights, Crime Prevention, and Community Services had
opened preliminary inquiry AP/PGR/SDHVSC/M5/66/2013 for the same acts. In this regard, the Deputy
Attorney General’s Office for Regional Monitoring considered that the Deputy Attorney General's Office for
Human Rights had the specialized human resources to investigate the crime.178 On July 18, 2013, the PGR
authorized the decision to decline jurisdiction.179
6.
Attorney General's Office of the Republic (PGR)
147.
Preliminary inquiry AP/PGR/SDHAVSC/M5/66/2013, headed up by the Attorney General
Office of the Republic, was opened on April 4, 2013. According to the State, that preliminary inquiry took into
account all of the proceedings and ministerial actions carried out since the date on which the first complaint
was lodged.180
148.
In the course of the preliminary inquiry, the PGJM was asked, on April 24 and 29, 2013, for
information on the data needed to locate Infantry Colonel Infantry Colonel Elfego José Lujan Ruiz, Infantry
Lieutenant Colonel Alfredo Bravo Alcaraz, Infantry First Captain Joel Sotelo Vásquez, and General James
Pedro Lohman Ituburu.181
173 Annex I. Case file. Volume XXI. Decision on lack of competence due to specialization, June 30, 2013, page 530 of the pdf.
(Annex to the petitioners’ observations on the merits received on November 3, 2014).
174 Annex I. Case file. Volume XXI. Decision on lack of competence due to specialization, June 30, 2013, page 650 of the pdf.
(Annex to the petitioners’ observations on the merits received on November 3, 2014).
175 Annex I. Case file. Volume XXI. Statement given by Elfego José Lujan Ruiz to the officer of the Federal Public Ministry on June
13, 2013, page 606 of the pdf. (Annex to the petitioners’ observations on the merits received on November 3, 2014).
176 Annex I. Case file. Volume XXI. Decision on lack of competence due to specialization, June 30, 2013, page 650 of the pdf.
(Annex to the petitioners’ observations on the merits received on November 3, 2014).
177 Annex I. Case file. Volume XXI. Witness statement given by Joel Sotelo Vázquez to the Federal Public Ministry on June 14,
2013, page 617 of the pdf. (Annex to the petitioners’ observations on the merits received on November 3, 2014).
178 Annex I. Case file. Volume XXI. Agreement on lack of competence due to specialization, June 30, 2013, page 661 of the pdf.
(Annex to the petitioners’ observations on the merits received on November 3, 2014).
179 Annex I. Case file. Volume XXI. Official Letter authorizing the decision to decline jurisdiction, July 18, 2013, page 664 of the
pdf. (Annex to the petitioners’ observations on the merits received on November 3, 2014).
180
Annex XX. State’s brief submitted as part of the MP 10-10 proceedings before the I/A Court H.R., June 21, 2013.
181
Annex XX. State’s brief submitted as part of the MP 10-10 proceedings before the I/A Court H.R., September 26, 2013.