10.
In this regard, the representatives stated that, indeed “on March 7, 2012, an
expert report was produced regarding the ‘methods of injury,’ [but that] the victims
and their representatives had not been given access to [this] report,” and that they
understood that this report “consisted of reviewing documents already in existence to
get an idea of the physical traces previously reported or detected; in other words, it
does not represent a new test or evaluation, but rather a study or summary of the
documents that were already in the case file.” Furthermore, the representatives argued
that “[t]he delay in performing the investigation [on the part of the State] has [been
due] to the insistence of the authorities in conducting a medical-psychological
evaluation[,] even though both victims had provided new detailed statements to the
[Office of the Prosecutor General of the Republic] to facilitate the investigation and
identification of the parties responsible, and even when numerous examinations and
medical evidence of torture already exist, the authorities of the [Office of the
Prosecutor General of the Republic] maintained the position that, before anything else,
it was necessary to perform a medical-psychological evaluation in accordance with the
Istanbul Protocol for each of the victims.” Referring to the evaluation in accordance
with the Istanbul Protocol, the representatives added that “with respect to Mr. Teodoro
Cabrera, [it was completed] during the week of January 14 to 18 of 2013 […] [and,
with respect to Mr. Rodolfo Montiel], it [was] schedule[d] for the week of February 18
to 21 of [2013].”
11.
Furthermore, regarding the inclusion of the affidavit of the expert Juana Ma. Del
Carmen Gutiérrez Hernandez in the record of the proceedings, the representatives
argued that “this document does not represent a medical examination of the victims,
but rather […] a biased summary of medical records […] that were in the file, which
failed to analyze certain other tests that detected traces of torture[. In light of this,
they considered that] such document is not a valid source for the investigation of
torture.” Lastly, the representatives requested that the Court declare that “the State
has not yet complied with the orders in the twelfth operative paragraph of the
[J]udgment” and that it “urge the State of Mexico to take concrete action to comply in
full and as soon as possible with the obligation to investigate the acts of torture
reported by Messrs. Cabrera and Montiel.”
12.
The Commission positively acknowledged “the opening of the preliminary
inquiry of the ordinary courts. However, [it noted] that no significant progress has
been made.” Moreover, it considered that in “relation [t]o the transfer of documents
from other case files to the investigation of acts of torture, […] the only evidence from
such files that should be included and assessed in the new inquiry should be that which
contributes to the investigation into acts of torture.” In this regard, the Commission
expressed its concern over “the lack of substantial progress in the inquiry in the more
than one year since the [first] report of the State.” In addition, the Commission noted
that “it hopes that […] the State will provide information regarding the progress of
what it has reported so far, as well as sufficient information on the strategy it is
following in the inquiry and the timeline in which it expects to achieve concrete
advances.” As a final point, the Commission noted that, “the State failed to indicate
whether the pending investigation has looked into the procedural irregularities that
occurred during the course of the proceedings.”
Considerations of the Court
6