“it merely limited itself to detecting possible risk factors for the commission on
torture” by “visiting some detention centers” and “not drawing conclusions on the
situation of all detention centers” in Mexico. In particular, the State emphasized
that the Sub-Committee “did not carry out its study in the state of Guerrero and,
even less, in the detention centers to which the alleged victims in this case were
sent.”
51.
The Court has used several statements by the Committees and other
oversight mechanisms of the United Nations System, where pertinent to a
particular case. This is related to the merits of each specific case and the Court has
no formal restriction on including in the case file information referring to wellknown facts or to matters of public knowledge. For this reason, the Court includes
such documents not as supervening evidence but as information considered
complementary and useful according to Article 47 of the Rules of Procedure. The
Court emphasizes that there was a dispute between the parties in relation to such
rulings and will consider the information indicated therein as applicable to this case,
taking into account the arguments put forward by the State regarding the content
of such documents.
VI
PRIOR CONSIDERATIONS
1. Facts not included by the Commission in its application
52.
The representatives alleged that Messrs. Cabrera y Montiel were “unlawfully
and arbitrarily arrested, and later tortured” “due to their activism” in defense of the
environment. They emphasized that these attacks “could be nothing other than a
reprisal for their environmental activism.” The representatives also pointed out that
this reprisal was part of a pattern of attacks against environmentalists and, in
particular, against the Civil Association Organization of Environmentalist Peasants
of the Sierra de Petatlán and Coyuca de Catalán (Organización de Campesinos
Ecologistas de la Sierra de Petatlán y Coyuca de Catalán, hereinafter “the OEPSP”).
Consequently, according to the representatives, “the local military units had
information about the whereabouts” of Mr. Montiel Flores and his companions. The
representatives further indicated that “[t]he way in which the arrest occurred, the
physical and mental abuse to which Messrs. Cabrera and Montiel were subjected,
their prolonged detention and the lack of information concerning their whereabouts
[…], caused their families feelings of deep desperation and anguish that continue
affecting them to this day.”
53.
In its merits report, the Commission, when assessing various allegations
made by the representatives in order to determine whether what happened to
Messrs. Cabrera and Montiel amounted to a reprisal for their activities in defense of
the forests and whether this could be regarded as part of a pattern of similar
reprisals and attacks against environmental activists, the Commission “note [d]
that the petitioners did not allege violations of the rights enshrined in Articles 13
[freedom of expression], 15 [right of assembly], and 16 [freedom of association]
during the admissibility phase.” Therefore, in its petition, the Commission only
mentioned that in 1998 Messrs. Cabrera and Montiel, together with other peasants,
established the OEPSP “in order to stop logging operations in the forests of the
mountains of Guerrero which, in their opinion, threaten[ed] the environment and
the livelihood of local peasant communities.”
54.
The State argued that the Commission “never refer[red] to acts of
harassment against members of [the OEPSP]” and that “[t]his issue was never
mentioned in the [Commission’s] report” and “nor was it mentioned by the
21