03/999 and ruled that the arrest of Messrs. Cabrera and Montiel was
lawful, 134 and
e) On Friday May 7, 1999, the Judge of the Court of First Instance of the
Mina Judicial District ordered the alleged victims to be brought before
the court in order to render their preliminary statements. 135
98.
In this regard, in Recommendation 8/2000, the CNDH questioned the
military’s alleged inability to bring the alleged victims before the competent
authority, without delay, given that Air Force flight logs show than on May 3 and 4,
1999 helicopters were providing support in the 35th Military Zone, and also that the
military personnel dispatched to Pizotla had a radio station and 4 vehicles. 136 Thus,
in conclusion, the CNDH indicated that if military agents had really been unable,
physically and materially, to transfer the alleged victims “they could [have]
remedied this deficiency when the agent of the Public Prosecutor’s Office of the
Common Jurisdiction arrived at that community, assisted by members of the
Judicial Police under his command; or, they could have placed them at his disposal
when they arrived at the military headquarters in Altamirano, Guerrero.” 137
99.
In addition, it is worth noting that the legal counsel of the alleged victims, in
the context of the domestic criminal proceedings, raised the issue of noncompliance with the reasonable term for bringing them before a competent
authority, and that Messrs. Cabrera and Montiel were never at the headquarters of
the Public Prosecutor’s Office of Arcelia; therefore, they questioned the authenticity
of this record in the judicial case file (infra para. 149). Specifically, the
representatives argued that the authorities “pretended to carry out actions to
justify a posteriori the arrest of [Messrs. Cabrera and Montiel] and accused them of
crimes that they did not commit”, and particularly questioned “the actions of the
agent of the Public Prosecutor’s Office [of Arcelia on May 4, 1999], given that
[Messrs. Cabrera and Montiel] were never physically taken to the offices of said
authority.”
100. The Court notes that, at the domestic level, some judges ruled on those
allegations. 138 Regardless of what was stated by the domestic judges, this Court
134
Cf. Court order of the filing and ratification of the lawful detention of May 6, 1999 (Preliminary
Inquiry N° 33/CC/999) (File of attachments to the answer brief, volume XXIII, pages 9827 to 9832).
135
Cf. Court order for release issued by the Judge of the First Instance Court of the Judicial District
of Mina of May 7, 1999 (Case file 03/999) (File of attachments to the answer brief, volume XXIII, page
9834).
136
According to the CNDH: a) there are “flight logs of the Bell-212 helicopters with license plates
1115 and 1117, in official letters 2164 and 2188 of May 3 and 4, 1999, signed by [a] Lieutenant Coronel
[...] reporting to the Commander of Air Base number 7 of the Air Force, the air support provided during
those dates to the 35th Military Zone; b) the military personnel, “when they left their military
headquarters on May 1, 1999, with the order to investigate a gang (‘gavilla’), before and after the
operation [...] had a radio station and 4 vehicles available, therefore they had the possibility of
implementing the necessary mechanisms to promptly notify the agent of the Public Prosecutor’s Office
of the facts occurred [...], and c) “[on] May 3, 1999, in the 35th Military Zone, the Mexican Air Force
commissioned the crew of the Bell helicopter with plate number 1117 to transport a military passenger
to said Military Zone, in order to locate thirty-three poppy plantations and one marihuana plantation.”
Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, pages 8443 to 8444.
137
Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, page 8448.
138
Some domestic judges considered “reasonable” or “tolerable” the delay confirmed in this case
in bringing the alleged victims before the competent authorities. Thus, according to the lower court
judgment, the delay was reasonable because it only implied a delay of six minutes. According to that
judgment: “although the Agent of the Public Prosecutor’s Office […] in Arcelia […] became aware of the
facts [...] at [6:00 p.m. on May 4, 1999], even though the legal detention of the accused was ordered
at [6:30 p.m.] on the same day, and that his counterpart in the Federation residing in Coyuca de
Catalán, Guerrero began instituting actions in this regard at [11:45 p.m.] on [May 5, 1999]; given that
the Public Prosecutor’s Office is a single and indivisible body, the aforementioned Article 16 of the
Constitution is taken as parameter to begin counting the term established therein [6:00 p.m. of May 4,
37
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