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victim’s mother provided a description of the man she had handed the ransom over to, which a sketch artist used to make a drawing of the suspect. But she said police did not disseminate the sketch and refused to share it with the victims’ families until two years after the incident. 233 The family never heard from the kidnappers again, and neither Gamez nor his three friends were ever seen again. 233 Ibid. MEXICO’S DISAPPEARED 68
Impact on Families of Disappeared Persons Relatives of the Disappeared: the Right to Truth and the Open-Ended Anguish of Not Knowing Authorities have a special obligation in cases of enforced disappearance to provide information to the victims' relatives. The right of victims’ families to know the truth in cases of disappearances is guaranteed by international law, 234 and included in both the International Convention for the Protection of All Persons from Enforced Disappearance 235 and the Inter-American Convention on Forced Disappearance of Persons. 236 The International Convention provides: “Each victim has the right to know the truth regarding the circumstances of the enforced disappearance…” 237 In addition, the Committee against Torture has affirmed that the right of victims to obtain “redress”—guaranteed by article 14 of the Convention against Torture 238 —includes the right to the following remedies: [E]ffective measures aimed at the cessation of continuing violations; verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim’s relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations; the search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification, and reburial of victims’ 234 International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), adopted by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts in Geneva June 8, 1977, entered into force December 7, 1979, art. 32, “In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.” 235 UN General Assembly, International Convention for the Protection of All Persons from Enforced Disappearance, adopted January 12, 2007, G.A. res. 61/177, UN Doc. A/61/177 (2006), entered into force December 23, 2010, ratified by Mexico March 18, 2008. 236 Inter-American Convention on Forced Disappearance of Persons, 33 I.L.M. 1429 (1994), entered into force March 28, 1996, ratified by Mexico on February 28, 2002. 237 UN General Assembly, International Convention for the Protection of All Persons from Enforced Disappearance, art. 24. 238 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), adopted December 10, 1984, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987. 69 HUMAN RIGHTS WATCH | FEBRUARY 2013
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H U M A N R I G H T S W A T C H MEX
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Copyright © 2013 Human Rights Watc
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A Promising New Approach: the Case
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Executive Summary When Enrique Peñ
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A different approach is possible. H
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egardless of the perpetrator. Furth
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Impact on Victims’ Families Disap
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prosecutors and the guiding hand of
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To the Federal Executive Branch: Re
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• Reform the Military Code of Jus
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were enforced disappearances—mean
Page 23 and 24: Enforced Disappearances There is st
Page 25 and 26: name. Instead, they indiscriminatel
Page 27 and 28: video at the parking lot entrance.
Page 29 and 30: that Navy personnel participated in
Page 31 and 32: neighboring states of Nuevo León a
Page 33 and 34: 2009, they arrived in Río Verde, S
Page 35 and 36: vehicle marked with Federal Police
Page 37 and 38: they said they had carried out the
Page 39 and 40: According to two individuals who we
Page 41 and 42: The family of Iván Baruch Núñez
Page 43 and 44: Alvarado Reyes, 18, according to Ir
Page 45 and 46: stopped a train the victims were ri
Page 47 and 48: government officials have a strong
Page 49 and 50: The wife of Sebastián Pérez (pseu
Page 51 and 52: exchange for a car—a deal he acce
Page 53 and 54: failing to promptly secure the crim
Page 55 and 56: which contradicted the evidence cit
Page 57 and 58: after receiving reports of gunshots
Page 59 and 60: State investigators also misplaced
Page 61 and 62: than detaining them for a full 24 h
Page 63 and 64: pressed for a meeting with the stat
Page 65 and 66: officials provided no explanation a
Page 67 and 68: families and various authorities. 1
Page 69 and 70: when in fact they are the ones who
Page 71 and 72: into a waiting vehicle. 219 The off
Page 73: Gamez’s mother immediately report
Page 77 and 78: involved a man who was disappeared
Page 79 and 80: Domínguez Rolon, 33, a federal pol
Page 81 and 82: It is an exhausting process, as muc
Page 83 and 84: Surviving parents and guardians of
Page 85 and 86: including the complainant—partici
Page 87 and 88: 21, and Zozimo Chacón Jiménez, 22
Page 89 and 90: force them to.” 292 The wife neve
Page 91 and 92: months and no more than six months.
Page 93 and 94: they had received. “Do what you c
Page 95 and 96: needed to obtain a “presumption o
Page 97 and 98: Oropeza, 48, her health declined sw
Page 99 and 100: A Promising New Approach: the Case
Page 101 and 102: prosecutor’s office—it could ea
Page 103 and 104: described a climate of “coldness
Page 105 and 106: Prosecutors and human rights defend
Page 107 and 108: individuals to be detained por flag
Page 109 and 110: other. And—after Arenas’s fathe
Page 111 and 112: stolen his Nextel radio, which emit
Page 113 and 114: Another challenge in the “working
Page 115 and 116: ange of state officials in Saltillo
Page 117 and 118: Failure to Prosecute Enforced Disap
Page 119 and 120: the same specific methods (electric
Page 121 and 122: Specifically, the Ministry of the I
Page 123 and 124: Failure of the Federal Government t
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Flaws and Delays in Efforts by the
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Thirdly, the collection of DNA from
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office. 416 However, the chart of r
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Enforced Disappearances and Mexico
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inhuman and degrading manner by the
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Human Rights Committee has made cle
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Inadequate Domestic Legislation to
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Furthermore, Mexico’s Military Co
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Armed Forces to the military justic
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In August 2012, Mexico’s Supreme
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“covering up the crime in the fir
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January 23, 2012, military records
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Acknowledgments This report was wri
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Finally, Human Rights Watch would l
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Annex 1: CAses of DisAppeArAnCes Do
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Annex 2: Letter from Human Rights W
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Human Rights Watch fully welcomes c
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consistently sought meetings with t
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impunity that we document in our re
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Calderón announced last December 5
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In recent months, the government ha
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