156.
Furthermore, this Court considers that one of the guarantees inherent in
the right to defense is to have sufficient time and adequate means to prepare the
defense, which requires the State to allow the accused to have access to the case
file and to the evidence gathered against him. 238
157.
In this case, on May 4, 1999, Messrs. Cabrera and Montiel rendered their
statements at the Public Prosecutor’s Office in the presence of their courtappointed defense counsel and attesting witnesses. 239 Subsequently, on May 6,
1999, Messrs. Montiel and Cabrera rendered a second statement before the Public
Prosecutor’s Office in the presence of a federal court-appointed defense counsel. 240
On May 12, 1999 the first instance court issued a formal order for the arrest of
Messrs. Cabrera and Montiel, 241 which the victims appealed the following day. In
that appeal, a new defense counsel was appointed by the court. 242 Later, on July
13, 1999 a private defense counsel accompanied them to render an amplification of
their statement. 243 On August 20, 1999, Messrs. Cabrera and Montiel appointed
attorneys Digna Ochoa y Plácido, Maria del Pilar Noriega and Jose Cruz Lavanderos
Yañez as private defense counsel. 244 From that moment, the Miguel Agustín Pro
Juarez Human Rights Center (Centro de Derechos Humanos Miguel Agustín Pro
Juárez) took on the defense of Messrs. Cabrera and Montiel and filed several
motions and remedies.
158.
The representatives reject the actions taken by the court-appointed
defense counsels during the proceeding, considering that by failing to challenge
certain evidentiary facts, these would have played an important role in their
subsequent conviction. At the domestic level, the victims’ defense counsel argued
that the statements of May 4 and 6, 1999 were not rendered before the Public
Prosecutor’s Office but were signed at the military battalion and that the victims
were always under the control of military personnel during those days. 245 The
representatives further alleged that “at some point, certain local officials appeared
238
Cf. Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November
22, 2005. Series C N° 135, para. 170; Case of Barreto Leiva v. Venezuela, supra note 100, para. 54.
239
8199.
Statement of Messrs. Cabrera and Montiel of May 4, 1999, supra note 142, pages 8198 to
240
Statements of Messrs. Cabrera and Montiel of May 6, 1999, supra note 132, pages 9777 to
9782 and 9783 to 9786.
241
Order of constitutional term issued on May 12, 1999 by the First Instance Court in Criminal
Matters of the Judicial District of Mina (File of attachments to the answer brief, volume XXIII; pages
9844 to 9874).
242
Record of the appeal “against the order for not agreeing with it.” Cf. Court order of
constitutional term issued on May 12, 1999, supra note 241, page 9874.
243
Statement of the private defense counsel before the Fifth District Court of July 13, 1999 (File of
attachments to the answer brief, volume XXIII, page 10035).
244
Brief signed by Messrs. Cabrera and Montiel on August 20, 1999, asking the Fifth District Court
“[t]o consider as […] the sole private attorneys [Digna Ochoa and Plácido, Maria del Pilar Noriega and
Jose Cruz Lavanderos Yañez]” (File of attachments to the answer brief, volume XXIV, page 10108 to
10109).
245
In this context, Mr. Montiel Flores stated that he saw the court-appointed defense counsel who
advised them on May 6, 1999, “in the Examining Trial Court; that if she helped him, it was as an
accomplice to the torture […] since there were only soldiers where he was detained, unless she was
dressed as a military officer; that the only statements he admits are the ones rendered as an extension
of his statement before the District Trial Court which he rendered voluntarily, without threats or
torture.” Moreover, Mr. Cabrera García said he met the defense counsel “at the Fifth District Trial Court
and that he was tortured in the […] Battalion [...], where he was stunned; they signed the documents
without reading them (sic) … if she had been there, she would have asked [the soldiers] not to beat
them; however, she did not do that since she was never there and he never saw her.” Cf. Judgment of
August 21, 2002 issued by the First Single-Magistrate Tribunal, supra note 148, page 15198.
62
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