CCPR/C/127/D/2760/2016 Pérez, the son of the first two authors and brother of the third, also a national of Mexico, born on 23 November 1991 and missing since 8 July 2011. The authors claim that the State party has violated the rights of Mr. Moreno Pérez under articles 6 (1), 7, 9 and 16 of the Covenant, read alone and in conjunction with article 2 (3). The authors also claim to be victims of a violation by the State party of their rights under article 7 of the Covenant, read alone and in conjunction with article 2 (3). The Optional Protocol entered into force for the State party on 15 June 2002. The authors are represented by counsel. Factual background Context 2.1 The authors state that the facts of the present case occurred against a backdrop of serious human rights violations attributable to the security policy introduced by the State party in 2006 known as the “War on Drugs”, which pitted the police and armed forces directly against organized crime groups. This policy led to a drastic increase in serious human rights violations that were seldom if ever properly investigated. 1 This is the context in the State of Oaxaca, the part of the country with the eighth highest number of complaints of human rights violations. 2.2 The authors also refer to the concluding observations of the Committee on Enforced Disappearances on Mexico, which describe a situation of widespread disappearances in much of the State party’s territory. The Committee noted the existence of a number of obstacles reportedly preventing investigations from being conducted. In certain cases, the competent authorities had allegedly: (a) failed to initiate the investigation promptly; (b) classified the acts as other offences; and (c) destroyed and tampered with evidence. 2 2.3 The authors also make reference to the report of the Inter-American Commission on Human Rights on its visit to Mexico in 2015, which confirms the widespread nature of enforced disappearance,3 and the statement made by the United Nations High Commissioner for Human Rights after his visit to Mexico the same year, which mentioned a “relentless wave of human rights violations”.4 Disappearance of Mr. Moreno Pérez and complaints filed in this connection 2.4 On 4 July 2011, Mr. Moreno Pérez (who was 19 years of age at the time of the events and studying geography at the National Autonomous University of Mexico) travelled from Mexico City, where he lived, to the state of Oaxaca, where he intended to tour the beaches in the area as part of a month-long holiday. The last time his relatives heard from him was on 8 July 2011, when they exchanged text messages upon his arrival at a beach in Chacahua, in the State of Oaxaca. 2.5 Unable to contact his son, Mr. Moreno Zamora filed a complaint at the Missing Persons Centre of the Office of the Attorney General of the Federal District5 on 8 August 2011. 2.6 On 10 August 2011, having made the journey from Mexico City to Oaxaca City, Mr. Moreno Zamora filed a complaint with the Prosecution Service of San Pedro Tututepec (where the town of Chacahua is located), which led to a preliminary investigation being 1 2 3 4 5 2 The authors cite Human Rights Watch, Ni Seguridad, ni Derechos. Ejecuciones, desapariciones y tortura en la “guerra contra el narcotráfico” de México [Neither Rights Nor Security. Killings, Torture and Disappearances in Mexico’s “War on Drugs”], 2011, pp. 4, 5 and 16, available at https://www.hrw.org/sites/default/files/reports/mexico1111spwebwcover.pdf. CED/C/MEX/CO/1. Preliminary observations on the on-site visit of the Inter-American Commission on Human Rights to Mexico, 2 October 2015, available at http://www.oas.org/es/cidh/prensa/comunicados/2015/112A.asp. Statement by the United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, on the occasion of his visit to Mexico, 7 October 2015, available at http://www.hchr.org.mx/index.php?option=com_k2&view=item&id=767:declaracion-del-altocomisionado-de-la-onu-para-los-derechos-humanos-zeid-ra-ad-al-hussein-con-motivo-de-su-visita-amexico&Itemid=265. Case file 644/EXT/2011. GE.19-21673

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