CCPR/C/131/D/3259/2018
to the San Nicolás de los Garza police force were less than 200 m from her home at around
1 a.m. on the day of the incident. 26 The State party omits this information from its
observations and does not appear to have taken it into account in the investigation. Secondly,
the author alleges that the support provided by the Executive Commission for Victim Support
cannot be considered comprehensive or effective, particularly because, despite her request,
there were long periods during which she received no support and because her request for
medical care went unanswered. Thirdly, the author adds that, on 20 May 2019, the First
District Criminal Court in the state of Nuevo León decided to suspend the amparo
proceedings for a period of one year, as none of the actions aimed at finding her son had been
effective. This demonstrates the ineffectiveness of the amparo proceedings and gives the lie
to the State party’s assertion that the measures taken have been effective and adequate.
Fourthly, the author alleges that she has not been informed of the judgment against Mr. G.R.
Moreover, according to the information provided by the Executive Commission for Victim
Support, there is no indication that any useful information has emerged or been put forward
in these proceedings that might serve to establish Mr. Rivera Hidalgo’s fate and whereabouts.
The offences for which Mr. G.R. was convicted include that of unlawful deprivation of liberty
in the form of kidnapping but not that of causing the disappearance of a person. Thus, there
is no indication that his conviction is related to Mr. Rivera Hidalgo’s disappearance and, even
if it were, this would not relieve the State of its obligation to find Mr. Rivera Hidalgo and
prosecute all those responsible for his disappearance.
7.2
The author adds that, on 23 May 2019, she met with her representatives and those of
the prosecutor’s office of the state of Coahuila, the Attorney General’s Office, the National
Human Rights Commission of Nuevo León, the National Search Commission and the
Executive Commission for Victim Support. On that occasion, the representatives of the
prosecutor’s office of the state of Coahuila informed her that the body found in 2013 was not
that of Mr. Rivera Hidalgo. However, it was also stated that it had not been possible to
conduct a test to compare the genetic profile of the body found with that of Mr. Rivera
Hidalgo’s family members. The author alleges that the contradictions and lack of effective
collaboration between the authorities of the State party are a demonstration of official
indifference to her suffering and anguish.
7.3
As to the observations on the merits, the author cites international jurisprudence that
attributes “a high probative value to the statements of the witnesses, in the context and the
circumstances of a case of forced disappearance ... together with pertinent logical inferences,
as well as its association with a widespread practice of disappearances”.27 The author argues
that the existing evidence, the general context in the State party, and the particular context in
the state of Nuevo León reverse the burden of proof. However, the State party has not
commented on the above-mentioned context and has not provided any evidence to refute the
author’s allegations (paras. 3.1 and 3.2 above).
7.4
With regard to the attribution of enforced disappearance to the State party, the author
points out a number of contradictions in the State party’s observations. The first concerns the
State party’s affirmation that the evidence gathered indicates that the police were not present
in the area on the day of the events. The second relates to the fact that the State party claims
that the disappearance was not committed by State agents while acknowledging that one line
of investigation concerns the possibility that police officers might have been involved in it.
Third, the State party claims that the author’s testimony has not been substantiated but has
not been able to discredit it either. The author adds that it is precisely because no thorough
investigation has been carried out, for reasons attributable to the State party, that it has not
been possible to establish the direct or indirect involvement of State agents with certainty.
7.5
The author notes that the State party claims to have conducted a prompt, impartial and
thorough investigation. However, it acknowledges that, on 27 July 2017, the National Human
Rights Commission of Nuevo León found that there had been an unjustified delay in the
investigation of the facts by the authorities and that no serious and exhaustive investigation
had been conducted. This is demonstrated by the fact that, more than eight years after Mr.
26
27
10
According to the documentation provided, patrol cars A05 and A10 were at a distance of 200 m from
the author’s home at 2.35 a.m. and 3.17 a.m. respectively.
Inter-American Court of Human Rights, Alvarado Espinoza et al. v. Mexico, para. 169.
GE.21-06148