and their right to freedom of association; Programa de Derechos Humanos de la
Universidad Iberoamericana (Human Rights Program of the Ibero-American
University), 17 regarding the prohibition to assess evidence obtained under torture
and without judicial oversight; International Forensic Program of Physicians for
Human Rights, 18 on non-compliance with the international requirements regarding
the evidence of sodium rhodizonate; EarthRights International, 19 on the human
rights abuses carried out in the context of communities’ resistance to extractive
industries; and the Environmental Defender Law Center, 20 on the serious situation
faced by Mexican environmentalists, the international acknowledgment of
environmental defenders and the violation of the rights of Messrs. Cabrera and
Montiel.
10.
The public hearing was held on August 26 and 27, 2010 during the Court’s
Eighty-eighth Regular Period of Sessions, at the Court’s seat. 21 During the hearing
the judges asked a number of questions and requested evidence to facilitate
adjudication of the case. 22
17
The brief was filed on September 10, 2010 by Vanessa Coria Castilla, Sandra Salcedo González
and José Antonio Ibañez on behalf of the Human Rights Program of the Ibero-American University.
18
The brief was filed on September 9, 2010 by Ronald L. Singer and Stefan Schmitt on behalf of
the International Forensic Program of Physicians for Human Rights.
19
The brief was filed on September 9, 2010 by Jonathan Kaufman and Marco Simons on behalf of
EarthRights International.
20
The brief was filed on August 12, 2010 by Nicholas Hesterberg on behalf of the Environmental
Defender Law Center.
21
The following individuals appeared at this hearing: a) on behalf of the Inter-American
Commission: Rodrigo Escobar Gil, Commissioner; Karla Quintana Osuna, legal advisor, and Silvia
Serrano Guzmán, legal advisor; b) on behalf of the representatives: Luis Arriaga Valenzuela, S.J. Centro
Prodh, Stephanie Erin Brewer and Jaqueline Sáenz Andujo, from Centro Prodh; Alejandra Nuño, Agustín
Martin, Luis Carlos Buob, Gisela De León and Marcia Aguiluz, from CEJIL and c) on behalf of the State:
Minister Alejandro Negrín Muñoz, Director General of Human Rights and Democracy of the Foreign
Affairs Secretariat; Ambassador Zadalinda González y Reynero, State Agent and Ambassador of Mexico
in Costa Rica; Mrs. Yéssica De Lamadrid Téllez, Director General for International Cooperation of the
Juridical Under-Secretariat and International Affairs of the Attorney General’s Office; Mr. Carlos Garduño
Salinas, Assistant Director General for Cases of the Unity for the Defense and Promotion of Human
Rights of the Secretariat of the Interior; Brigade General J.M. and Mr. Rogelio Rodríguez Correa,
Subdirector of International Affairs of the General Direction of Human Rights of the National Defense
Secretariat; Mr. José Ignacio Martín del Campo Covarrubias, Director of the International Litigation Area
in Human Rights of the Foreign Affairs Secretariat; Mr. David Ricardo Uribe González, Subdirector of the
International Litigation Area in Human Rights of the Foreign Affairs Secretariat; Mr. Enrique Paredes
Frías, Subdirector of International Litigation Area in Human Rights of the Foreign Affairs Secretariat; Mr.
Luis Manuel Jardón Piña, Head of the Litigation Department of the Legal Advisory Department of the
Foreign Affairs Secretariat; and Mr. Rafael Barceló Durazo, Diplomatic Attaché for Political and Human
Rights Affairs of the Embassy of Mexico in Costa Rica.
22
On September 13, 2010, following the full Court’s instructions, the Secretariat forwarded a
communication to all the parties containing some of the questions asked by the Judges of the Court at
the public hearing, concerning: i) The presence of the Armed Forces in Guerrero: a) the existence of a
specific, well-grounded and reasoned request by the civilian authorities for the military forces to
intervene at the scene of the events and b) further information about the jurisprudence of the Supreme
Court of Justice of Mexico in relation to the role of the Armed Forces in matters of public security; ii) the
detention of the alleged victims: c) the legal framework governing the authority of the military forces to
arrest and/or detain civilians, d) a detailed description of events following the arrest of Messrs. Montiel
Flores and Cabrera García until they were brought before a judge or a competent authority, explaining if
applicable, the excessive time in reasonable terms, and e) information and evidence about the alleged
flyers that the alleged victims were distributing and the activities they were allegedly carrying out on the
day of their arrest; iii) The weapons allegedly seized from the alleged victims at the time of their arrest:
f) record or records of confiscation of weapons when Messrs. Cabrera García and Montiel Flores were
arrested, the type of weapons found and their exact number, the final judicial decisions regarding the
alleged victims’ responsibility for carrying such weapons and which weapons prompted the
corresponding criminal investigation. In the event of any contradictions in some of the records, specific
arguments regarding these, g) information about Mexican legislation on the classification of weapons in
terms of their danger to public security, h) information on the validity and appropriateness of the
sodium rhodizonate test to prove the use or handling of weapons, i) information and arguments
regarding the alleged contradictions stemming from the sodium rhodizonate test in this case, and j)
7