and Montiel, and 1.4) the actions of the military courts and the National Commission on Human Rights regarding the allegations of possible torture. 1.1. Undisputed facts related to the arrest of Messrs. Cabrera and Montiel 67. On May 2, 1999, Mr. Montiel Flores was outside the home of Mr. Cabrera García, along with the latter and with three other people, as well as his wife and daughter, 61 in the community of Pizotla, Municipality of Ajuchitlán del Progreso, in the state of Guerrero. That same day, at around 9:30 am, approximately 40 soldiers of the Mexican Army’s 40th Infantry Battalion entered the community, as part of an anti-drug trafficking operation, 62 to confirm information regarding a gang or “gavilla” 63 presumably led by Ramiro “N” and Eduardo García Santana. 64 In this context, a shot fired from a soldier’s gun hit Mr. Salomé Sánchez, who died instantly. 65 Messrs. Cabrera and Montiel hid among bushes and rocks and remained there for several hours. At approximately 4:30 pm that same day they were arrested. 66 68. The soldiers kept Messrs. Cabrera and Montiel detained on the banks of Pizotla River until May 4th. 67 That same day, after midday, they transferred Messrs. Cabrera and Montiel by helicopter to the base of the 40th Infantry Batallion, located in the city of Altamirano, state of Guerrero. 68 1.2. Judicial proceedings that led to the conviction of Messrs. Cabrera and Montiel 69. As a result of the complaint filed by certain members of the Army against Messrs. Cabrera and Montiel 69 for the alleged crimes of carrying weapons intended for the exclusive use of the Army and without a license, and for growing poppies and marijuana, the Public Prosecutor’s Office of the Common Jurisdiction of Arcelia, 61 Cf. Testimony rendered before the Fifth District Judge on October 26, 1999, by Cresencia Jaimes (Criminal Case 61/99) (File of attachments to the answer brief, volume XXIV, page 10244); Testimony of Ms. Ubalda Cortés Salgado rendered before the Fifth District Judge, on July 30, 1999 (Criminal Case 61/99) (File of attachments to the answer brief, volume XXIV, page 10071) and confrontation hearing of Messrs. Cabrera and Montiel with one of the military officers who filed the complaint against them on August 26, 1999 (Criminal Case 61/99) (File of attachments to the answer brief, volume XXIV, page 10128). 62 Cf. Application brief of May 3, 1999, filed by the Human Rights Commission of the Chamber of Members of Parliament by the Police Chief of the town of Pizotla (File of attachments to the application, volume V, page 1577). 63 “Gavilla” is a term used in some reports in the case file to refer to a suspected criminal gang. Cf. Message issued by Brigadier General in Altamirano on May 2, 1999 (file of attachments to the application, volume X, page 4024). 64 Cf. Message issued by Brigadier General in Altamirano, supra note 63, page 4024. 65 Cf. Report on transfer of personnel, visual inspection, official death certificate of Salomé Sanchez of May 4, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (File of attachments to the application, volume IX, page 4205) and Message issued by Brigadier General in Altamirano, supra note 63, page 4025. 66 Cf. Complaint filed by three military officers against Messrs. Cabrera and Montiel on May 4, 1999 (File of attachments to the application, volume IX, pages 4212 and 4213). 67 Cf. Amplification of the statement of Messrs. Cabrera and Montiel before the Fifth District Judge, of December 23, 1999 (Criminal Case 61/99) (File of attachments to the answer brief, volume XXIV, pages 10361 and 10365). 68 Cf. Confrontation hearing of Messrs. Cabrera and Montiel with one of the soldiers who filed the complaint against them on August 26, 1999, (Criminal Case 61/99) (File of attachments to the answer brief, volume XXIV, page 10134). 69 Cf. Complaint filed by three soldiers, supra note 66, pages 4212 to 4214. 26