51
of Preliminary Investigation SC/172/2005/XIV to the consideration of the Military
Attorney General for Justice, “because, to date, it has not been proven that military
personnel perpetrated an unlawful act”; he also forwarded “a summary of the
Preliminary Investigation […] to the Attorney General for Justice of the State of
Guerrero so that, within his jurisdictional forum, he could conduct the necessary
investigations to determine the probable participation of civilians in the reported
facts.”162
165. From September 27, 2002, to September 1, 2004, while the investigation
was being conducted by the Military Public Prosecutor’s Office, Mrs. Fernández
Ortega was summoned on at least seven occasions to take part in different
procedures,163 complementary to those conducted by this ex officio organ;164
however, she did not appear in response to any of the requests.165 On the other
hand, Mrs. Fernández Ortega and her daughter, Noemí Prisciliano Fernández, were
summoned to expand their statements before the public prosecutor and to take
part in the procedure to prepare the artist’s sketch on July 3, 2003.166 On that day,
Mrs. Fernández Ortega arrived accompanied by a legal adviser and an interpreter,
and stated that “she objected to carrying out the proceeding for which she had
been summoned,” because she considered that the authority that had summoned
her was not competent.167
iii)
Preliminary
Prosecutor’s Office
Investigation
ALLE/SC/03/001/2007
–
Civil
Public
166. On January 3, 2007, the Allende Public Prosecutor’s Office received the
summary of Preliminary Investigation SC/172/2005/XIV, and ordered the opening
of Preliminary Investigation ALLE/SC/03/01/2007 and the implementation of “as
162
Cf. Decision issued by the Military Public Prosecutor’s Office on March 28, 2006 (file of annexes
to the brief of pleadings and motions, annex P 93, tome V, folios 5542 to 5556).
163
Cf. Order No. 0853 issued by the Military Public Prosecutor’s Office on September 18, 2002,
(case file of annexes to the answer to the application, tome II, folio 6943); agreement issued by the
Military Public Prosecutor’s Office on October 28, 2002 (case file of annexes to the answer to the
application, tome II, 6955 and 6956); Order No. 0707 issued by the Military Public Prosecutor’s Office on
August 19, 2003 (case file of annexes to the answer to the application, tome V, folio 7956); certification
issued by the Military Public Prosecutor’s Office on November 21, 2003 (case file of annexes received
during the public hearing, tome I, folio 12284 and 12285); agreement issued by the Common Public
Prosecutor’s Office on August 6, 2004 (case file of annexes to the answer to the application, tome V,
folio 8008); certification issued by the Common Public Prosecutor’s Office on August 15, 2004 (case file
of annexes to the answer to the application, tome V, folio 8004), and certification issued by the Common
Public Prosecutor’s Office on September 1, 2004 (case file of annexes to the answer to the application,
tome V, folio 8002).
164
Cf. Order No. 0561 issued by the Agent of the Military Public Prosecutor’s Office on May 23,
2002 (case file of annexes to the answer to the application, tome V, folio 7794); Order No. 0561 issued
by the Military Public Prosecutor’s Office on June 6, 2002 (case file of annexes to the answer to the
application, tome V, folio 7797), and Orders No. 0692, No. 0765, and No. 0862 issued by the Military
Public Prosecutor’s Office on July 5, August 9, and September 20, 2002 (case file of annexes to the
answer to the application, tome V, folios 7811, 7832, and 7838, respectively).
165
Cf. Certifications issued by the Agent of the Military Public Prosecutor’s Office on September 27,
2002, August 29, 2003, and November 21, 2003 (case file of annexes to the answer to the application,
tome I, folio 6950, and tome V, folios 7959 and 7960 and 7945 and 7946, respectively), and
certifications issued by the Agent of the Common Public Prosecutor’s Office on November 15, 2002,
August 10, 2004, August 15, 2004, and September 1, 2004 (case file of annexes to the answer to the
application, tome II, folio 7015, and tome V, folios 8006, 8002, and 8002, respectively).
166
Cf. Order/ No. issued by the Agent of the Common Public Prosecutor’s Office on June 25, 2003
(case file of annexes to the answer to the application, tome V, folio 7814).
167
Cf. Certification issued by the Common Public Prosecutor’s Office on July 3, 2003 (case file of
annexes to the answer to the application, tome V, folios 7815 to 7817).