54
(supra paras. 166 and 167). This request was repeated on May 7, 2009, to which
Mrs. Fernandez Ortega did not appear.184 On June 1, 2009, the Agent of the Special
Prosecutor’s Office for Sexual Offenses and Domestic Violence of the Attorney
General for Justice reiterated the contents of the brief of February 5, 2009, and
requested Mrs. Fernández Ortega to appear on June 4, 2009, to take part in the
pending procedures.185 That day, a representative of Mrs. Fernández Ortega
appeared and requested in writing that “summonses be made with due notice so
that it would be possible to establish contact with [Mrs. Fernández Ortega,] and she
may attend said procedures,” and “undertook to present them voluntarily at the
beginning of June [2009].”186 On August 5, 2009, the agent of the aforesaid Special
Prosecutor’s Office summoned Mrs. Fernández Ortega to take part in several
procedures on August 14, 2009.187 On August 10, 2009, Mrs. Fernández Ortega
presented a brief in which she indicated that she was willing to appear for the
procedure and asked that it be “carried out at the ‘Tlachinollan’ offices.”188 On
August 14, 2009, she went to said office, expanded her ministerial statement,
provided the physical data of her alleged attackers so that an artist’s sketch could
be prepared, and identified two possible aggressors in an album of photographs.189
170. On October 29, 2009, the Special Prosecutor for the Investigation of Sexual
Offenses and Domestic Violence of the Office of the Attorney General for Justice of
the State of Guerrero forwarded Preliminary Investigation FEIDSVI/003/2009 to the
Military Attorney General for Justice “taking into consideration the victim’s
accusation […] that those who had sexually abused her were soldiers.”190
v) Preliminary Investigation SC/179/2009/II and SC/179/2009/II-E
Military Public Prosecutor’s Office
–
171. Finally, on November 18, 2009, the Military Attorney General’s Office
acknowledged receipt of the files corresponding to Preliminary Investigation
FEIDSVI/003/2009. As corresponds with said date, the Military Public Prosecutor’s
Office opened Preliminary Investigation SC/179/2009/II-E, and ordered that “all
tome VI, folios 8400 to 8404), and certification issued by the Agent of the Common Public Prosecutor’s
Office on April 29, 2009 (case file of annexes to the answer to the application, tome V folio 8086).
184
Cf. Order No. 012/2009 issued by the Agent of the Special Prosecutor’s Office for the
Investigation of Sexual Offenses and Domestic Violence of the state of Guerrero on May 5, 2009 (case
file of annexes to the answer to the application, tome V, folio 8111); brief of Mrs. Fernandez Ortega
presented on May 7, 2009 (case file of annexes to the answer to the application, tome VI, folios 8400 to
8404), and certification issued by the Agent of the Special Prosecutor’s Office for the Investigation of
Sexual Offenses and Domestic Violence of the state of Guerrero on May 7, 2009 (case file of annexes to
the answer to the application, tome VI, folio 8436).
185
Cf. Order No. 144/2009 issued by the Agent of the Common Public Prosecutor’s Office on June
1, 2009, (case file of annexes to the answer to the application, tome V, folios 8131 to 8133).
186
Cf. Brief of Mr. Rosales Sierra presented on June 4, 2009, (case file of annexes to the answer to
the application, tome V, folios 8138 to 8141), and certification issued by the Agent of the Common
Public Prosecutor’s Office, on June 4, 2009 (case file of annexes to the answer to the application, tome
V, folio 8136).
187
Cf. Order No. 148/2009 issued by the Agent of the Common Public Prosecutor’s Office on
August 5, 2009, (case file of annexes to the answer to the application, tome V, folio 8145).
188
Cf. Brief of Mrs. Fernández Ortega presented on August 10, 2009 (case file of annexes to the
answer to the application, tome V, folios 8154 to 8158).
189
Cf. Appearance before the Special Prosecutor’s Office for Crimes of Violence against Women and
Human Trafficking, expansion of the ministerial declaration and ratification of the brief of Mrs. Fernández
Ortega, supra note 88, folios 8210, 8213 and 8214.
190
Cf. Decision issued by the Special Prosecutor for the Investigation of Sexual Offenses and
Domestic Violence of the Office of the State Attorney General for Justice on October 29, 2009 (case file
of annexes to the answer to the application, tome VI, folio 8750).