282.
Article 11.2 of the Convention protects an individual’s private life and home from arbitrary
or abusive interference. It recognizes that there is a personal sphere that must be protected from interference
by outsiders and that personal and family honor and the home must be protected against such
interference.307 In this regard, an individual’s home and private life are intrinsically connected because the
home is the space in which private life can evolve freely.308
283.
By virtue of the principle of iura novit curia, the Inter-American Court has indicated that the
implementation of Article 22.1 of the Convention is an essential condition for the free development of the
individual. This article includes, inter alia, the right of the individual to enter, to remain in, and to leave the
territory of the State without unlawful interference. Hence, the enjoyment of this right does not depend on
any particular objective or motive of the individual who wishes to move or to remain in one place.
Furthermore, the Court has considered that the right to freedom of circulation and residence can be violated
by de facto restrictions if the State has not established the conditions or provided the means that allow it to be
exercised. In this regard, the right to freedom of circulation and residence may be violated when an individual
is a victim of threats or harassment and the State fails to provide the necessary guarantees to enable him or
her to move about and reside freely in the territory in question.309
284.
In the instant case, the Commission considers that the very fact that three of their relatives
disappeared has caused a profound feeling of sadness, distress, and uncertainty, which has been worsening
by the absence of an effective, diligent investigation conducted within a reasonable time period.
285.
In addition to the mental and moral suffering inherent in all cases of forced disappearance,
the Commission notes that in this case various family members have had to endure threats and harassment in
their quest for justice, which has kept them exposed to a situation of fear and anxiety incompatible with their
personal safety. The Commission underscores the serious threat reported by José Ángel Alvarado Herrera’s
father in connection with a telephone call on December 29, 2011, in which he was told: “We have your son
and he’s alive. We’re going to kill you like a dog along with your children. You have 12 hours to leave your
house and the city. If not, we’ll kill all of you because you’re talking too much.” Likewise, on August 28, 2011,
Jaime Alvarado’s home was broken into in violation of the right established in Article 11 of the Convention,
and his wife found a message saying “because we wanted to kill you and couldn’t we have you running scared
and we’ll do you in along with your miserable family. Sincerely, You know who.”310 Both the threats and the
break-in have a reasonable causal relationship with the facts of the instant case, and the participation of State
agents in what occurred is corroborated by the conclusion of the present report on the qualification of what
happened as forced disappearance.
286.
This situation led to the forced displacement of most family group members. Specifically,
José Ángel Alvarado Herrera Alvarado’s father decided to flee together with 21 family members, with 12 of
them settling in Benito Juárez311 and 10 in Ciudad Juárez.312 For their part, 11 of Nitza Paola Alvarado
307
I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 193.
I/A Court H.R., Case of Escué Zapata v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 165,
para. 95; I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, paras. 193 and 194.
308
309 I/A Court H.R., Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of May
26, 2010. Series C No. 213, para. 197.
310
Annex XX. Petitioners’ brief submitted as part of the MP 10-10 proceedings before the I/A Court H.R., August 29, 2011.
His father, José Ángel Alvarado Favela, and his mother, Concepción Herrera; his spouse, Obdulia Espinoza Beltrán; his
children, J.A.E, J.A.A.E, and A.E.B; his brother, Jaime Alvarado Herrera; his sister-in-law, Sandra Luz Rueda Quezada; and his nephews and
nieces, J.O.A.R, R.G.A.R, C.N.A.R, and J.E.A.R.
311
312 His sister, Rosa Olivia Alvarado Herrera; his brother-in-law, Felix García García; his nephews and nieces, Karina Paola
Alvarado Espinoza, F.A.H, J.G.A, and A.G.A; his brother Manuel Melquíades Alvarado Herrera; his sister-in-law, Mayra Daniela Salaís
Rodríguez; and his nephews [or nephew and niece] D.J.A.S and X.A.S.