since while the soldiers indicate that they were lying down […], they in no way
indicated that they had been in contact with the water in that river during that
time.” 225 Subsequently, the same court reiterated that only the victims had
mentioned that they had been in contact with the river water while they were
detained that day. 226
147. Also, in relation to the crime of possession and planting of narcotics, the
First Single Magistrate Court found various irregularities regarding the existence
and destruction of the marijuana plantation. The court found that “no solid
evidence was provided that proved its material and juridical existence, and instead
the confession made by the accused […] was invalidated, 227 together with the
remaining evidence produced in the natural proceeding.” 228 Finally, the court
concluded that “there is no solid evidence in the court records to prove that the
procedures ordered by the preliminary inquiry were ‘prefabricated’ without the
intervention of the accused; instead, what happened in this case is that the
measures taken as a result of the preliminary inquiry were inadequate.” Bearing in
mind the foregoing, the conviction against Mr. Montiel for the crime of planting of
marijuana was revoked. 229
148. In addition to the alleged irregularities related to the possession and use of
firearms and narcotics and the sodium rhodizonate test, the representatives
requested that the statements rendered by the victims on May 4 and 6, 1999 be
disregarded, arguing that Messrs. Cabrera and García never left the premises of the
military battalion where they were allegedly detained during those days. In this
respect, their argument implies that, apart from other possible irregularities with
225
Cf. Judgment of October 26, 2000 issued by the First Single-Magistrate Tribunal, supra note 77,
page 12137.
226
Cf. Judgment of July 16, 2001 issued by the First Single-Magistrate Tribunal, supra note 82,
page 13656.
227
According to said statement before the Public Prosecutor’s Office on May 6, 1999, Mr. Montiel
Flores allegedly claimed that “[he] plant[ed] marijuana because the Government did not help [them]
with production projects.” He said his marijuana plantation was “at most, one-quarter of a [h]ectare[,]
that [he] plant[ed] because [he] needed to sell it” and that “the marijuana seeds found were owned by
another person, since [he] only plant[ed] the seeds he had, which were plant[ed] on January twentysecond, and which [he] alone cared for.” Cf. Statement of Mr. Montiel Flores of May 6, 1999, supra note
132, pages 9778 to 9779.
228
The First Single-Magistrate Tribunal considered that “none of the authorities charged with
investigating the crimes, in accordance with Article 21 of the Constitution, exercised due diligence in
inspecting the place where the marijuana plants were found;” there is an “evident and palpable
contradiction” , as is clear from the statements given by the accused, that RODOLFO MONTIEL FLORES
“is the one who planted the marijuana”, but “in the complaint, the soldiers claimed that the plantation
was owned by ‘TEODORO CABRERA GARCÍA’.” The Tribunal added that “the aforementioned soldiers
have introduced inconsistent and contradictory matters in their accusation,” “inasmuch as the alleged
marijuana plantation was located ‘three hours on foot’ [...] but this circumstance cannot be ascertained
from the evidence furnished in the court records.” The “record of the destruction [of the marijuana
plantation] does not include a date […] nor does it include a description of the [plantation’s] precise
location” and “does not refer to the procedure” used to measure the plantation and its density. Also, the
photographs of the plantation “are not appropriate to prove [its] destruction.” Regarding the statement
rendered by the Agent of the Federal Public Prosecutor’s Office of Coyuca de Catalan, Guerrero, and by
the Secretary of Agreements of the Criminal Court of First Instance of the Judicial District of Mina, it was
concluded that the fact of “having seen fifteen plants with the characteristics of marijuana [...], only
helps to demonstrate that this plant was seen, […] but in no way demonstrates the existence of the
marijuana plantation in question.” Regarding the inconsistencies in the claims made by the soldiers, it
indicated that one of them “admitted […] not remembering the exact location of the plot,” and that
“none of the accused accompanied him;�� the other one stated that “the accused remained together
[and] that on the day the plantation was destroyed, [Messrs. Montiel and Cabrera] were arrested in the
community of Pizotla” and did not accompany them. Cf. Judgment issued on August 21, 2002 by the
First Single-Magistrate Tribunal, supra note 148, pages 14580 to 14585.
229
Cf. Judgment of August 21, 2002 issued by the First Single-Magistrate Tribunal, supra note
148, pages 15317 and 15324.
58
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