CCPR/C/131/D/3259/2018
investigation is being conducted to establish whether the vests worn by the armed men
responsible for the reported events belonged to the Escobedo police.
2.8
On 13 June 2011, the author submitted a complaint to the National Human Rights
Commission of Nuevo León that has failed to bring about any significant progress in the
investigations.
2.9
On 10 August 2011, Navy officers arrested Mr. G.R., also known as “El Sureño” (an
alleged member of “Los Zetas” cartel), whom the author and her younger son identified as
the man whose face was not covered on the night of the events. On 19 August 2011, the
author went to the Office of the State Attorney General of Nuevo León to report this fact.
2.10 On 13 September 2011, the author filed a complaint concerning the same facts with
the Office of the Assistant Attorney General for the Investigation of Organized Crime of the
Attorney-General’s Office.5 On 2 October 2011, the author went to the Office of the Assistant
Attorney General for the Investigation of Organized Crime to identify Mr. G.R. as one of the
perpetrators of her son’s disappearance. As a result, her complaint was added to the file of
the existing preliminary investigation against Mr. G.R.6
2.11 On 31 January 2012, the author broadened the scope of her statement after reading in
newspaper reports that Mr. C.P., an officer of the San Nicolás de los Garza police, had been
arrested with another officer for kidnapping young persons. According to her statement, both
officers had acted on the orders of “El Sureño”, in order to hand the kidnapped youths over
to organized criminal gangs. In her statement, the author referred to several lines of inquiry
and requested that specific steps be taken.7
2.12 The author affirms that, between 2012 and 2017, the State party’s authorities did not
carry out any meaningful action on their own initiative and that nothing was added to the
case file during those years except records of her requests and information that she provided.
As at the date of submission of the communication, which was seven years after Mr. Rivera
Hidalgo’s disappearance, only six persons who might be linked to the events have been
arrested and none of them has been formally charged or prosecuted. 8 The author has also
provided information on other persons who may be linked to her son’s disappearance.9
2.13 The author adds that, although she has applied to the Office of the State Attorney
General of Nuevo León to be recognized as a victim under the Victims Act on seven
occasions since 2013, it was not until 2 February 2017 that she was granted this status, at the
request of the Executive Commission for Victim Support. The author and her younger son
were added to the National Register of Victims on 29 April 2016 and 21 March 2017,
respectively. However, they have not received any support. In particular, the author requested
food support in August 2017 and medical assistance in September 2017 but has received no
response.
2.14 Lastly, on 15 December 2017, the author submitted an application for amparo to the
District Criminal Court of the State of Nuevo León. The author states that she decided to
submit this application in order to keep open the case of her son’s enforced disappearance
and to call on the local authorities, once again, after seven years of inaction, to take steps to
establish his fate and whereabouts and to identify, prosecute and punish those responsible for
the offences concerned. However, the author asserts that this mechanism cannot bring about
5
6
7
8
9
4
Which opened official report No. AC/95/UEIDMS/2011, for which the Special Unit for the
Investigation of Offences against Health is responsible.
Under No. 474/UEIDCS/2011.
The author attaches the news article and the addition to her statement. However, there is no indication
in the file that this new information was used in the investigation into her son’s disappearance or that
any steps were taken in this regard.
These six persons include three persons who were arrested on a kidnapping charge as part of a single
operation; one person who was arrested with the van stolen from the author and charged with vehicle
theft; another person who has been charged with offences against health; and another person arrested
on charges of kidnapping, organized crime and possessing drugs and weapons.
These persons include a former officer of the San Nicolás de los Garza police who was Mr. G.R.’s
partner, and another person whom the author identified as having pointed a long gun at her on the day
of the incident.
GE.21-06148