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).

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