Without a shade of doubt, this Recommendation puts forward the forced disappearance of people in the Guerrero province. It is a systematic and continuous police investigation method, which is to say, there is a standing crime.
In seven out of the eight cases, ample documentation and evidence such as names and car license plate numbers published in the Recommendation are proof that the forced disappearance of Faustino Jiménez Álvarez, José Rodríguez Román, Álvaro Acevedo Parra, Oscar Acevedo Mendoza, Máximo Mojica Delgado, Hermelino Cruz Villasana, Carmelo Salazar Gallardo, Agripino Bello Meneses y Rogaciano Rojas Rojas was undergone of the PGJE.
This same Recommendation names 20 people, all identified as members of the State's officers of court. They have been accused of being responsible of the forced disappearances. Only in the case of Professor Maximinio Mojica Delgado was there no proof of any participation of the PGJE. However, the people responsible for this disappearance had the sufficient infrastructure to arrest, torture and threaten the Professor and his family.
The publication of the Recommendation has defied the up until now reluctance and insensibility of the Procaduría Estatal de Justicia and the Local Government, which had not to date paid due attention to said Recommendation. The performance of the Recommendation would mean the achievement of three things: the investigation and clarification of events, sanction in accordance with the law of those responsible and reparation for the wrong done both to their victims and their families.
All International Pro Human Rights treaties establish that the forced disappearance is a standing crime. In line with this, Article 1 of the NU Declaration regarding the protection of all people against forced disappearance declares that: "all act of forced disappearance will be considered a standing crime, as long as the perpetrators continue to hide the fate or whereabouts of the disappeared person and as long as the facts are not clarified."
In the same line, the third article of the Interamerican Convention regarding forced disappearance of persons establishes that the crime for disappearance will be esteemed continual or permanent as long as the victim's whereabouts or his fate have not been clarified.
Because of all this, in view of this standing crime the Guerrero province authorities shall make sure that the responsibility in abiding the Recommendation 19/2002 is not eluded.
Regarding the Federal Government, it must be guaranteed that this ratification be translated into real facts. This is, the establishment and application of internal laws which punish the disappearances perpetrated by all civil workers, federal, state or municipal, however involved in the events; and that the victims and their relatives receive reparation for the wrong done.
This is still to be done. It must be remembered that the crime of forced disappearance only exists at a federal level and in Mexico, F.D. and only just recently in the Oaxaca State.
It is also necessary that there should be a revision and withdrawal of the protective measures established by the Congress for the military jurisdiction and the interpretation statement about the extinguishment of the crime of forced disappearance submitted by the law-makers just last year when the State of Mexico ratified the Convention.