CCPR/C/131/D/3259/2018 The men asked about Roy Rivera Hidalgo, whom they accused of selling drugs. When he identified himself, they took him from the house along with some money, various valuable items and two vehicles. 2.4 After her son had been taken, the author saw the men driving away in the two stolen vehicles and a dark grey Seat vehicle with no licence plates. The author and her younger son went to a neighbour’s house so that they could spend the night away from their home. From there, they saw two passing patrol cars belonging to the municipal police of San Nicolás de los Garza. The cars approached the author’s house and two policemen got out, looked inside the house (the doors of which were open) and left. In the light of what had happened, the author did not report the facts immediately as she did not trust the local authorities. 2.5 At around 4.30 p.m. on the same day, the author received a call warning her not to file a complaint and asking for 500,000 pesos (Mex$) to see her son again. Over the course of the next few hours, and into the following day, the author received 12 calls from three different numbers. The callers all made the same threats and demands. During one of the calls, on 12 January 2011, her son was put on the line at her request. When the author had confirmed that it was her son, the captors took the phone away from him and the author could hear him screaming as he was being beaten. On the same day, 12 January 2011, the author handed over Mex$ 100,000 and the receipted invoices for the two vehicles that had been stolen from her. On 13 January 2011, at 6 a.m., the author called the number that she was using to contact her son’s alleged captors in order to receive instructions on where to pick him up. Although they assured her then that they were going to treat her well, they never contacted her again or returned her calls. At the time of writing, the fate and whereabouts of Mr. Rivera Hidalgo remain unknown. 2.6 Given that she had been threatened and that she hoped that her son would be released, the author did not file a complaint immediately. In addition, she feared that local authorities were involved in the kidnapping. On 4 February 2011, the author appeared before the authorities of the seventh military zone in Apodaca, Nuevo León, to file a complaint. The author never obtained a copy of her complaint and does not know whether any action was taken to initiate a search and investigation. On 28 February 2011, she went to that authority again but was told that there was no record of her complaint and that she should submit it again to the Public Prosecution Service. On the same day, the author reported the facts to the Office of the State Attorney General of Nuevo León, including the fact that police officers from the Escobedo police were allegedly involved in her son’s abduction. On 1 March 2011, preliminary investigation No. 79/2011-1-3 was initiated. On 12 March 2011, the author broadened the scope of her complaint after she returned home that day and found that someone had broken in and left Mr. Rivera Hidalgo’s room in disorder. 2.7 The author alleges that all action taken in connection with the case has depended entirely on her initiative, as the authorities take a passive attitude and are unjustifiably slow to act. For example, the first action taken by the authorities was on 5 April 2011, when they sent a request to the Telcel telecommunications company to trace one of the telephone numbers provided by the author. However, since the company name and address on the letter were incorrect, it was resent on 26 July 2011 and the response was not added to the case file until 25 May 2012. On 8 April 2011, the author and her younger son voluntarily went to the Department of Forensic Services of the Office of the State Attorney General of Nuevo León, whose report was not added to the case file until 5 August 2014. It was not until this date, and at the author’s request, that their profiles were entered into the DNA database of relatives of disappeared persons. On 22 July 2011, the author and her younger son went to the Escobedo police station to carry out a visual inspection of the bulletproof vests worn by the police. Although they were unable to identify the model used by the persons who had broken into their home, they claimed that the vests worn by the police were very similar to those worn by some of the perpetrators of Mr. Rivera Hidalgo’s disappearance. However, the police have stated that no report concerning the theft of vests has been filed. Moreover, no other members would mutually accuse each other by claiming to belong to the other cartel in order to sow confusion among the public and law enforcement agencies. GE.21-06148 3

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