50
Prosecutor’s Office a “formal complaint for acts that probably constitute a crime,
supposedly committed by military personnel,” owing to events reported in a
newspaper article of March 25, 2002, in the Diario El Sur,151 which initiated
Preliminary Investigation 35ZM/06/2002.152 On May 21, 2002, the Military Public
Prosecutor’s Office, based on Article 57 fraction II paragraph (a) of the Code of
Military Justice (hereinafter Article 57(II)(a)), “accept[ed] the lack of jurisdiction
ratione materiae” (supra para. 161), and validated all the measures taken in
Preliminary Investigation ALLE/SC/03/76/2002, adding them to Preliminary
Investigation 35ZM/06/2002.153
163. On March 18, 2003, Mrs. Fernández Ortega submitted a brief in which she
“oppose[d] and contest[ed] the military jurisdiction for the investigation of the
unlawful acts committed against [her]” and requested that the Military Public
Prosecutor’s Office “abstain from continuing to hear” the case.154 On the same day,
the Military Public Prosecutor’s Office rejected the request on the grounds that
“[t]he jurisdiction of the military justice system was duly founded and justified.”155
On April 10, 2003, Mrs. Fernández Ortega filed a petition for relief [amparo] against
this decision,156 which was dismissed by the First District Court of the state of
Guerrero on September 3, 2003.157 Said decision was contested by Mrs. Fernández
Ortega158 and confirmed on November 27, 2003, by the Second Collegiate Court of
the Twenty-first Circuit of the state of Guerrero159.
164. On December 30, 2004, the Military Public Prosecutor’s Office forwarded the
case file to the Military Attorney General for Justice and submitted the file of the
Preliminary Investigation to his consideration, finding that “military discipline had
not been breached.”160 Nevertheless, the Military Attorney General for Justice
forwarded the file to the Fourteenth Investigator of the Military Public Prosecutor’s
Office so that the investigation could continue; on August 30, 2005, this official
decided that Preliminary Investigation 35ZM/06/2002 should be continued under
number SC/172/2005/XIV.161 A few months later, on March 28, 2006, the
Fourteenth Investigator of the Military Public Prosecutor’s Office submitted the file
151
Cf. Order No. 9485 of the Commanding Officer of the 35th Military Zone on March 27, 2002
(case file of annexes to the answer to the application, tome I, folio 6373).
152
Cf. Radiogram of the Military Public Prosecutor’s Office, within the Preliminary Investigation
35ZM/06/2002, of March 27, 2002 (case file of annexes to the answer to the application, tome I, folio
6378).
153
Cf. Agreement issued by the Agent of the Military Public Prosecutor’s Office on May 21, 2002
(case file of annexes to the answer to the application, tome II, folios 6904 and 6905).
154
Cf. Brief of objection presented by Mrs. Fernandez Ortega challenging jurisdiction, supra note
87, folios 7101 and 7119).
155
Cf. Order No. 0262 issued by the Agent of the Military Public Prosecutor’s Office on March 18,
2003 (case file of annexes to the answer to the application, tome III, folios 7121 and 7122).
156
Cf. Petition for relief [Amparo] filed by Mrs. Fernández Ortega on February 9, 2003 supra note
87, folios 9206 and 9235).
157
Cf. Order of the First District Judge in the state of Guerrero on the Petition for relief [Amparo]
on Administrative Review No. 2000/03 on September 3, 2003, (case file of annexes to the answer to the
application, tome VII, folios 9005 to 9024).
158
Cf. Appeal for review of the decision of September 3, 2003, of the First District Judge in the
state of Guerrero filed by Mrs. Fernández Ortega on September 19, 2003, (case file of annexes to the
answer to the application, tome VII, folios 8873 to 8880).
159
Cf. Judgment delivered by the Second Collegiate Court of the Twenty-first Circuit of the state of
Guerrero concerning the Petition for relief [Amparo] on Administrative Review No. 2000/03 on November
27, 2003, (case file of annexes to the answer to the application, tome VII, folios 8898 to 8969).
160
Cf. Decision issued by the Military Public Prosecutor’s Office on December 30, 2004 (file of
annexes to the brief of pleadings and motions, Annex P 88, tome V, folios 5429 to 5475).
161
Cf. Certification issued by the Military Public Prosecutor’s Office on August 30, 2005 (file of
annexes to the brief of pleadings and motions, Annex P 88, tome V, folio 5476).