CCPR/C/126/D/2750/2016
1.1
The authors of the communication, which is dated 10 November 2015, are María
Eugenia Padilla García, Ricardo Ulises Téllez Padilla and María Eugenia Zaldívar Padilla,
Mexican citizens born on 5 November 1960, 1 May 1985 and 19 March 1989, respectively.
The authors are acting on their own behalf and on behalf of Christian Téllez Padilla, their
son and brother, also of Mexican nationality, born on 24 July 1980 and missing since 20
October 2010. The authors allege that the State party has violated Christian Téllez Padilla’s
rights 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 themselves 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 authors also allege a violation of article 2 (3) of the Covenant. The
Optional Protocol entered into force for the State party on 15 June 2002. The authors are
represented by counsel.
1.2
On 17 November 2016, the Special Rapporteur on new communications and interim
measures, acting on behalf of the Committee, rejected the State party’s request that the
admissibility of the communication be considered separately from its merits.
The facts as submitted by the authors
Disappearance of Christian Téllez Padilla
2.1
On 20 October 2010, Christian Téllez Padilla (who was 30 years old and studying
industrial engineering at the Universidad del Golfo de México, Campus Poza Rica,
Veracruz, at the time) was driving his car through the city of Poza Rica, bound for an auto
repair shop. His partner, Aidée Galindres Basave, was following him in her van. At
approximately 3.30 p.m., where the Puente Hueleque crosses Boulevard Adolfo Ruiz
Cortines, two patrol cars of the Poza Rica-Tihuatlán-Coatzintla inter-municipal police,
manned by eight police officers, stopped Mr. Téllez Padilla and made him get out of his car
and into a patrol car at gunpoint. The patrol cars left and one of the police officers took Mr.
Téllez Padilla’s car. His partner tried to follow them, but when the patrols stopped to ask
her what she was looking for, two police officers arrived on motorcycles and parked in
front of her, blocking her way.
2.2
Ms. Galindres went straight to the inter-municipal police station, where she was told
that Mr. Téllez Padilla was not there. She then went to the Veracruz Investigation Agency
and the Federal Investigation Agency, where she got the same answer. She went to the
Veracruz State Attorney General’s Office1 to report the disappearance, but her complaint
was not recorded because 48 hours had not passed since the disappearance. She then called
the emergency telephone number to report the disappearance, and was told that she had to
go back to the inter-municipal police station. When she got there, she was again informed
that the person she was looking for was not there.
2.3
In the early hours of 21 October 2010, relatives of Mr. Téllez Padilla (his mother,
brother and two uncles) arrived in Poza Rica from the Federal District. They went to the
inter-municipal police station, where the deputy chief, Javier Amador Mercado Guerrero, 2
told them that there was no record of Mr. Téllez Padilla. Although the deputy chief allowed
one of Mr. Téllez Padilla’s uncles to enter the area where the detainees were held, he
refused to open a padlocked door, despite the uncle’s insistence.
Complaints lodged over the disappearance of Christian Téllez Padilla
2.4
On 21 October 2010, the Veracruz State Attorney General’s Office finally admitted
the complaint filed by the mother of Mr. Téllez Padilla, initiating preliminary investigation
PZR4/495/2010. However, no action was taken to launch an urgent search for Mr. Téllez
Padilla. In the afternoon of the same day, the family found Mr. Téllez Padilla’s car in a
vacant lot and informed the Attorney General’s Office. The expert dispatched to the scene
1
2
2
Procuraduría General de Justicia del Estado de Veracruz, now Fiscalía General del Estado de
Veracruz.
The file shows that this person was later arrested for kidnapping and links with the organized crime
group “Los Zetas”.
GE.19-15740