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IACHR Grants Precautionary Measures in Favor of Alfonso Alejandre Díaz and Alberto Alejandre Díaz in Mexico

February 6, 2020

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Washington, D.C. - On February 6, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 08/2020 (link in Spanish), through which it granted precautionary measures in favor of Alfonso Alejandre Díaz and Alberto Alejandre Díaz, who have been missing since March 22, 2019. According to the available information, the last time the family knew of the whereabouts of the proposed beneficiaries, they were allegedly in the custody of the Office of the Attorney General of the Republic (PGR) and were allegedly released the same day in circumstances that the family claim have not been clarified. In response, the IACHR noted the seriousness of the allegations that state agents may be involved or at least be aware of the beneficiaries’ disappearance and recalled that states are especially bound to carry out due diligence in such cases.

The IACHR took note of the information provided by the state and expressed that although the nature of the procedure for granting precautionary measures means that it is inappropriate for it to make any substantive observations as to the nature of due diligence implemented by the authorities, it nonetheless observed from a perspective of risk analysis that 10 months have gone by without any information having been provided on the beneficiaries’ circumstances or whereabouts. In this regard, when assessing the seriousness of the situation, the IACHR took into account the fact that, according to the petitioners’ allegations: (i) the line of investigations conducted by the state allegedly did not include “proving whether the beneficiaries had actually been released or whether they were illegally deprived of their freedom, physical integrity, or life, and had been disappeared”; (ii) the alleged existence of orders to obstruct the investigation itself; and (iii) the fact that the time of the beneficiaries’ release could allegedly not be verified by the PGR’s security cameras.

After analyzing the allegations of fact and law put forward by the two parties, the IACHR believes that the information in question proves, prima facie, that the beneficiaries are extremely vulnerable as their rights to life and personal integrity are at grave and urgent risk. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the IACHR requested that Mexico adopt the necessary measures to determine the whereabouts of Mr. Alfonso Alejandre Díaz and Mr. Alberto Alejandre Díaz, in order to protect their rights to life and personal integrity. Likewise, the IACHR requested that the state agree on any measures to be adopted in consultation with the beneficiaries’ representatives; and that it implement actions to investigate the events that led to the adoption of this precautionary measure so as to prevent them from being repeated.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 026/20