7.
The State indicated that “on July 15, 2011, the Office of the Prosecutor General
of the Republic, by instruction of the Unidad Especializada en la Investigación de
Delitos contra el Ambiente y Previstos en Leyes Especiales [Specialized Investigative
Unit into Crimes Against the Environment and those Provided for in Special Laws]
[(hereinafter
UEIDAPLE)],
initiated
preliminary
inquiry
number
173/UEIDAPLE/LE/12/2011, in which […] offenses under the Federal Act to Prevent
and Punish Torture, to the detriment of Teodoro Cabrera García and Rodolfo Montiel
Flores, are being investigated.” It reported that “the inquiry is currently underway” and
that, in the course of the investigation, “the integration of certified copies was ordered
of the complaint records on the present case composed by the National Commission on
Human Rights, and of Criminal Case 61/99 of the Fifth District Court in Criminal
Matters of the state of Guerrero, related to the proceedings brought against Messrs.
Teodoro Cabrera and Rodolfo Montiel for crimes against health and possession of
firearms.”
8.
Moreover, the State noted that “[o]n March 7, 2012, the UEIDAPLE obtained an
expert opinion on the subject of the methods of injury […] to Messrs. Cabrera García
and Montiel Flores[, which is] the basis for the practice of the Specialized Medical
Psychological Evaluation for Possible Cases of Torture and/or Ill-treatment (Istanbul
Protocol).” It added that on “October 24, 2012, the UEIDAPLE sought to amplify the
expert opinion […] of the methods of injury from the following documentation
submitted by the [Inter-American] Court”: i) “[e]xpert opinion issued by Ana C.
Deutsh, expert in Clinical Psychology with experience in evaluating victims of torture”;
ii) [e]xpert opinion issued by José Quiroga, co-founder and [m]edical [d]irector of the
Rehabilitation Program for Victims of Torture in Los Angeles, California”; iii) “the
documentary produced by Dr. José Eric Muñiz Torres”; and, iv) expert opinion of [D]r.
Juana Ma. Del Carmen Gutiérrez Hernández.” On another note, the State reported that
“on November 23, 2012, a meeting was held […where] the representatives agreed to
communicate the dates on which it would be possible to perform [the evaluation in
accordance with the Istanbul Protocol], tentatively proposing the month of January,
2013 for Mr. Teodoro Cabrera García, and February of 2013 in the case Mr. Rodolfo
Montiel Flores.”
9.
The representatives indicated that, in regards to the twelfth operative
paragraph of the Judgment, the State had limited itself to “i) [i]nitiating the
preliminary inquiry 173/UIEDAPLE/LE/12/2011[,] and ii) [a]dding to the record of
proceedings […] documents contained in other files previously started […] such […] as:
the records of preliminary inquiries opened and subsequently archived by the
Prosecutor General for Military Justice […], the complaint file of the National
Commission on Human Rights, and the criminal proceedings brought against the
victims based on false accusations of criminal charges by members of the military.”
They added that, “in meetings with various competent authorities of the [Office of the
Prosecutor General of the Republic], [they] have proposed that the inquiry move
forward by performing other measures, such as, for example, taking statements from
the alleged suspects identified by their full name by Rodolfo Montiel Flores, as well as
taking steps to identify other members of the military who were allegedly present or
involved in the different moments of torture.”
5