documents. 108 Guerrero is “one [of] the few [states] with two military zones out of
41 in total" and also includes a military region, "IX, out of XII regions; the budget
for this region had a percentage increase of 50.14 per cent from 2000 to 2009, an
increase greater than that for all the other regions except for region I.” 109
83.
In this specific case, the Court notes that in the military operation carried
out in the community of Pizotla on May 2, 1999, prior to the arrest of Mr. Cabrera
and Mr. Montiel, the military group involved was made up of 43 soldiers. 110 In this
regard, the CNDH verified that the military unit went to this location to confirm
information regarding a gang ("gavilla") (supra para. 67). The CNDH considered it
proven that “the town […] was besieged,” “was under surveillance,” and that
“military personnel […] fired their weapons, terrorizing the civilian population of the
community of Pizotla, and treated the women and children brutally. They kept the
entire community incommunicado for two days.” 111 The CNDH established that “the
conduct displayed [by the military forces] ordered to direct, supervise and
authorize this operation violated the human rights of the inhabitants of the
community, […] by preventing them from exercising their right to freedom of
movement […].” 112
84.
For their part, the defense counsels of the alleged victims in the domestic
proceedings pointed out that the Mexican Army is not a competent authority to
investigate and prosecute crimes, and that “it will be the Public Prosecutor’s Office,
the Judicial Police under its command or the assistants of the Social Representative
himself who may verify [the] inconveniences [and deprivation of liberty].” 113 In this
regard, the Second Collegiate Court considered that the Army was authorized to
arrest the alleged victims “based on their carrying firearms intended for the
exclusive use of the Armed Forces.” 114
85.
Taking these elements into account, the Court considers that this case is
related to previous jurisprudence where, based on an official State document, 115 it
was confirmed that the presence of the Army carrying out police work in the state
of Guerrero has been a controversial issue with respect to individual and
community rights and freedoms, and has placed the population in a vulnerable
situation. 116
86.
In this regard, the Court considers that, in some contexts and
circumstances, a heavy military presence accompanied by the intervention of the
Armed Forces in public security activities may imply a risk to human rights. Thus,
for example, international organizations, such as the United Nations Human Rights
Committee and the Special Rapporteur on the Independence of Judges and
Lawyers, have considered the implications of allowing military units to act as
108
Cf. Affidavit rendered by Miguel Carbonell Sánchez, supra note 106, pages 1166 and 1168 and
affidavit of José Luis Piñeyro, supra note 107, pages 1284 to 1294.
109
Cf. Statement rendered by Jose Luis Piñeyro, supra note 107, page 1288.
110
Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, page 8440.
111
Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, pages 8181 to 8367.
112
Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, pages 8181 to 8367.
113
Cf. Judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84,
page 14414.
114
Cf. Judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84,
page 14533.
115
Study on violence against women in the municipalities of the region of La Montaña de Guerrero.
Secretariat for Women Affairs of the State of Guerrero and others. Cf. Case of Fernández Ortega et al. v.
Mexico. Supra note 39, para. 79.
116
Case of Fernández Ortega et al. v. Mexico, supra note 39, para. 79.
32