Released in 2014
Post-sessional report #A/HRC/WGEID/104/1
Post-sessional report #A/HRC/WGEID/103/1
Post-sessional document #A/HRC/WGEID/102/1
Post-sessional report #A/HRC/WGEID/104/1
Mexico
Urgent action
79. On 4 September 2014, the Working Group, following its urgent action procedure, transmitted one case to the Government, concerning Mr. Pablo Roberto Millán Lira, allegedly abducted on 21 August 2014.
Standard procedure
80. The Working Group transmitted two cases to the Government, concerning:
81. Mr. Teodulfo Torres Soriano, allegedly abducted on 24 March 2013, by agents of the Mexican federal police in his residence in Mexico City.
82. Mr. Diego Rogelio Nichol Hernández, allegedly last seen on 8 May 2013, when municipal police officers of Puerto Vallarta were requisitioning him. In accordance with the methods of work of the Working Group, the Government of Canada was also provided with a copy of the case.
Information from the Government
83. On 22 July 2014, the Government responded to an urgent appeal sent jointly with two other special procedures mechanisms on 17 April 2014 concerning the allegations of arbitrary arrest and enforced disappearance of Mr. Marco Antonio Valle Cabañas. In its reply, the Government reported that there was no confirmation that the two persons that had allegedly taken the victim from his residence belonged to the Public Prosecutor’s Office for Special Investigations on Organized Crime (SIEDO) of the Office of the General Prosecutor. The Government also reported on the investigations initiated in relation to the case and on the access to the investigation by Mr. Valle Cabañas’s relatives.
Information from sources
84. The sources provided information on four outstanding cases.
Prompt intervention letter
85. On 14 August 2014, the Working Group transmitted, jointly with another special procedure mechanism, a prompt intervention letter concerning the alleged intimidation and threats against relatives of Mr. Héctor Rangel Ortiz, who disappeared in Queretaro on 10 November 2009.
Post-sessional report #A/HRC/WGEID/103/1
Mexico
Standard procedure
98. The Working Group transmitted one case to the Government of Mexico. The case concerned Mr. Sergio Salgado Nuñez, allegedly abducted on 5 October 2009 by officers of the Jalisco Federal Police.
Urgent appeal
99. On 17 April 2014, the Working Group transmitted, jointly with two other special procedure mechanisms, an urgent appeal to the Government concerning the alleged arbitrary detention and enforced disappearance of Mr.Marco Antonio Valle Cabañas.
General allegation
100. The Working Group received information from credible sources on obstacles encountered in the implementation of the Declaration in Mexico.
101. It is stated that the Truth Commission of the State of Guerrero, created to investigate enforced disappearances during the “dirty war”(1969–1979), was allegedly facing difficulties in performing its work and in accessing the information contained in the National General Archive, and that its members had allegedly been the victims of harassment.
102. By presidential decree of 27 November 2001, documents handed over to the National General Archive ceased to be undisclosed information and were opened up for consultation by anybody. The Ministry of the Interior allegedly transferred all such information from the former Federal Security Directorate and the Policy and Social Research Department, which had been were under the aegis of the Centre for Investigation and National Security (CISEN). The information was added to the 2,920 boxes containing background information from the Secretary of the Interior, withdata from 1918 until the early 1980s.
103. However, the documentation currently available in the National General Archive was allegedly disorganized and incomplete. The National General Archive had allegedly planned to microfilm all the documentation, but that was never done. Also, the body of documentation of the Federal Security Directorate was not made fully available to the general public.
104. Much of the material of the Federal Security Directorate was allegedly misplaced, with changednumbers or filed in unrelated categories. In addition, the research team of the Truth Commission of the State of Guerrero allegedly did not have access to the vault where sensitive material of the former Office of the Special Prosecutor for Past Social and Political Movements (FEMOSPP) is kept. Access was requested but was allegedly denied.
105. Members of the Truth Commission of the State of Guerrero were reportedly not able to find many of the files cited by the National Human Rights Commission regarding the “dirty war”. Some reports from agents and public servants kept in the files had allegedly been lost, destroyed or concealed. Also, the numbering had disappearedfrom the records or had reportedly been cut, off orthe records had been reclassified.
106. The mandate of the Truth Commission of the State of Guerrero expired on 17 April 2014. However, it was agreed to extend its mandate for six months; its final report would be submitted no later than 17 October 2014. To date, the State of Guerrero allegedly had not granted the budget for the extension of the mandate. The Guerrero State Congress reportedly affirmed that it was the State Government which should contribute to the budget. The State Government had not yet responded on the issue.
107. That issue would particularly affect the excavations to find remains. There was uncertainty about which state and federal authorities should be responsible for authorizing and carrying out excavations to exhume bodies in the State of Guerrero. Furthermore, the area to be excavated needed to be protected before the arrival of the rainy season and hurricanes.
108. The former Office of the Special Prosecutor for Past Social and Political Movements and the thenGeneral Coordination Office for Research of the General Prosecutor allegedly accepted the complaints of survivors of disappearance, but then allegedly informed them that the crime of abuse of authority was subject to prescription. In a hearingbefore the Inter-American Commission on Human Rights, the Mexican State reportedly opened upthe possibility of offering compensation in cases not verified by the National Human RightsCommission.
109. The source indicated that several members and staff of the Truth Commission of the State of Guerrero had allegedly received threats or had been the subject of attacks between January and March 2014, including persecution, threatening phone calls and robbery. Such incidents had allegedly not been properly investigated.
Post-sessional document #A/HRC/WGEID/102/1
16.Mexico
Urgent actions
84. On 3 December 2013, the Working Group transmitted one case to the Government of Mexicoconcerning Mr. Daniel Ramos Alfaro, who was allegedly abducted on 2 October 2013 by agents of the Mexican Army in a deserted field near Betania Community, Michoacán.
Standard procedure
85. The Working Group transmitted 12 cases to the Government.
86. The first case concerned Mr. Mario Jorge Tovar Martinez, allegedly abducted on 14 May 2008 by agents of the municipal police of San Nicolas de los Garza, Nuevo León.
87. The second case concerned Mr. Jorge Homero Flores Quintana, allegedly abducted on 22 June 2007 at the home of friends, in Nueva Castilla 3999, colonia residencial Lincoln, Monterrey, by a commando group that violently entered the house.
88. The third case concerned Mr. Miguel Orlando Muñoz Guzmán, allegedly last seen in May 1993 at the 26th Infantry Battalion, in Ciudad Juárez, Chihuahua.
89. The fourth, fifth and sixth cases concerned Messrs. Daniel Cabrera Peñaloza, Orlando Rebolledo Téllez and Nicomedes Villa Santana,allegedly abducted on 14 February 2005 by armed civilians of the group Unión Ganadera Regional de Guerrero and then allegedly handed over to the Mexican Army.
90. The seventh case concerned Mr. Marco Antonio Zuñiga Solis, allegedly abducted on 19 June 2007 by agents of the Santa Catarina municipal police.
91. The eighth and ninth cases concerned Messrs. Pedro Enrique Huerta Flores and Javier Alejandro Treviño Pedroza, allegedly last seen on 25 July 2010 leaving the house of the latter, in San Pedro, and heading towards La Huasteca Park, in Santa Catarina, Nuevo León.
92. The tenth and eleventh cases concerned Mr. Roberto Ivan Hernandez Garcia and Ms. Yudith Yesenia Rueda Garcia, allegedly abducted on 11 March 2011 by agents of the Federal and State Police together with at their residence, located in Privada Sotelo 6025, Col. Loma Bonita, Monterrey, Nuevo León.
93. The twelfth case concerned Mr. Geovanni Alexis Barrios Hernández, allegedly abducted from the Super Siete shop of Reynosa, Tamaulipas, located in Av. Lazaro Cardenas, Colonia Anzalduaz on 24 April 2008 by more than 15 armed individuals accompanied by federal and municipal police officers of Tamaulipas.