CCPR/C/127/D/2760/2016 8.6 Lastly, the State party mentions that, on 8 May 2015, Mr. Moreno Pérez and Mr. Moreno Zamora were added to the National Registry of Victims as a direct and indirect victim, respectively. Authors’ comments on the State party’s additional submission 9.1 On 16 May 2019, the authors submit that the State party has made no progress in giving effect to three of the Ombudsman Office’s recommendations directly related to the disappearance of Mr. Moreno Pérez (investigation of the disappearance and criminal investigations in respect of officer Juan Luis Vázquez Martínez). In this connection, the Ombudsman’s Office noted, in a letter dated 4 July 2018, that “the first recommendation had not been complied with, since [...] there is no evidence to suggest that a serious, professional and scientific investigation that is respectful of human rights has been conducted in order to exhaust all lines of enquiry that might lead to Jesús Israel Moreno Pérez being found alive”, and that the second recommendation had not been complied with either, since the “investigation into the conduct of the State agent in question” had not been carried out. The Ombudsman’s Office considers the above to be a cause for concern “since the actions of the Office of the Prosecutor General for Oaxaca State promote impunity for improper acts by public officials who, in the exercise of their functions, violate the legislation regulating their conduct”.46 Consequently, on 5 September 2018, the Ombudsman’s Office instituted proceedings for the protection of human rights47 against the Prosecutor General of Oaxaca State before Oaxaca High Court on behalf of Mr. Moreno Pérez’s father, since “by not conducting a thorough investigation to establish the whereabouts of Jesús Israel, the Office of the Prosecutor General leaves the disappeared person unprotected and contributes to the suffering of the family caused by the State’s inaction”.48 The High Court received the request on 11 September 2018.49 9.2 The authors stress that the State party submitted its additional information after the letter from the Ombudsman’s Office and the request for proceedings for the protection of human rights had been issued. It is therefore worrying that the State party has not provided the Committee with comprehensive information on the progress made in giving effect to recommendation 13/2016 of the Ombudsman’s Office. 9.3 With regard to the criminal proceedings, the authors note that, more than seven years after the indictment, they remain at the investigation stage and that the court has failed to take into account the recommendation of the Ombudsman’s Office as it has not given due weight to the serious irregularities detected in the preliminary investigation. 9.4 With regard to the investigation opened by the Specialized Unit on Enforced Disappearances of the Office of the Prosecutor General for Oaxaca State (para. 8.1 above), the authors indicate that the steps taken have mainly entailed writing to the Red Cross, hospitals, police stations and the Ministry of Public Security to request information on the disappeared person. The most recent step, which was taken on 4 March 2019, entailed requesting the preparation of a facial composite showing how Mr. Moreno Pérez might have aged in the interim. 9.5 In short, the authors reiterate that the authorities have continued to present a confused and inconsistent version of events and that the State party appears not to have devised a clear search strategy based on a logical hypothesis regarding the facts of the case. 9.6 The authors also maintain that the public act acknowledging responsibility does not cover all the facts, since its focus is the shortcomings in the investigation and not enforced disappearance as such. The authors, having brought to the Committee’s attention not only an investigation lacking in due diligence and marred by inefficiency, but an enforced 46 47 48 49 GE.19-21673 The authors enclose a copy of letter No. 010038 from the Office of the Oaxaca Human Rights Ombudsman, dated 4 July 2018, pp. 4 and 5. According to article 13 (XXVI) of the Act on the Office of the Oaxaca Human Rights Ombudsman, this institution has the power to “defend persons in court when requested to do so for the purpose of protecting human rights before the Constitutional Chamber of the High Court of Justice of the State”. The authors enclose a copy of the request for proceedings for the protection of human rights from the Office of the Oaxaca Human Rights Ombudsman, dated 5 September 2018, p. 7. The authors enclose a copy of the notice from Oaxaca High Court, Constitutional Chamber and Fourth Criminal Chamber, case file 09/2018. 11