Mexico
71. During the reporting period, the Working Group transmitted, jointly with other special procedure mandate holders, letters concerning the lack of significant progress in the investigation of cases of enforced disappearance, including allegations of obstruction of justice by State institutions and even acts of threat and intimidation against relatives. The Working Group recalls article 13 of the Declaration on the Protection of All Persons from Enforced Disappearance, which establishes, inter alia, the right of victims of enforced disappearance to complain to a competent and independent State authority and to have that complaint promptly, thoroughly and impartially investigated (art. 13-1). Steps must be taken to ensure that all involved in the investigation, including the complainant, counsel, witnesses and those conducting the investigation, are protected against ill-treatment, intimidation or reprisal (art. 13-3). Steps must also be taken to ensure that any ill-treatment, intimidation or reprisal or any other form of interference is appropriately punished (art. 13- 5). Furthermore, investigations should be conducted for as long as the fate of the victim of enforced disappearance remains unclarified (art. 13-6).
72. On 9 October 2019, the Working Group also transmitted, jointly with other special procedure mandate holders, a communication concerning the discussions in the Mexican Supreme Court of a draft judgment regarding the right of victims and relatives to access the files of cases of enforced disappearance that they have pursued through the justice system. The Working Group is grateful for the reply transmitted by the Government of Mexico on 30 January 2020, and welcomes the decision of the Supreme Court to uphold the right of victims, including the relatives of disappeared migrants, to participate in the investigations. In this regard, the Working Group highlights the guiding principles for the search for disappeared persons (CED/C/7), issued in 2019 by the Committee on Enforced Disappearances, in particular principles 4, 5 and 9.