25. The Commission took note of the acts of violence committed by members of the military against the population of Baborigame. These include the burning of a house and the execution of five civilians in 1992, 19 the arrest, alleged torture and execution of a civilian in 1996 20 and the alleged execution of three civilians in 1998, 1999 and 2000, respectively. 21 26. On August 20, 1998, two days before the facts of the case, 400 soldiers arrived at Baborigame to fight against drug trafficking. 22 B. Facts of August 22, 1998 27. Mirey Trueba was born in Baborigame, municipality of Guadalupe y Calvo, State of Chihuahua. At the time of the facts of the case he was working in his family’s farm. His family was composed of: i) his father José Tomás Trueba Loera; 23 ii) his mother Micaela Arciniega Cevallos; 24 and iii) his brothers Vidal (deceased), Elías, Tomás, Eleazar, Eduardo (deceased) and Samuel, all having the surname Trueba Arciniega. 28. On August 22, 1998, twenty-year-old Mirey Trueba Arciniega was riding in a vehicle along with his brother Vidal Trueba Arciniega and his friend Jorge Jiménez. They were driving down a main street in Baborigame when a military car approached and stopped them. 29. Based on the statement made by Jorge Jiménez, who was driving the vehicle, it can be inferred that when he stopped the vehicle Mirey got scared, got out of the vehicle and ran out the back, and a commander fired ten to twelve times. 25 Mirey’s brother, Vidal Trueba Arciniega, declared that “Mirey apparently got scared of the soldiers, ran out the back (…) and when he got over a little wooden (…) bridge (sic) a military officer (…) took out a gun and started to fire at Mirey (…).” 26 30. The State claimed that based on the investigations conducted by the domestic authorities, the military authorities meant to perform a search of the pick-up truck. When they stopped it, three civilians got out and one of them “apparently dropped a weapon” which 19 Cf. Newspaper article “Morir en la Sierra” [Dying in the Sierra] published in Diario Chihuahua on August 30, 1998; brief containing evidence, folio 8. Cf. Inter-American Commission on Human Rights (IACHR), Report No. 107/00, Case 11,808, Friendly Settlement, Valentín Carrillo Saldaña v. Mexico, December 4, 2000. 20 21 Cf. Initial petition dated August 2, 2001, filed by the petitioners, addressed to the IACHR (brief containing evidence, folio 53). 22 Cf. Newspaper article “Morir en la Sierra” [Dying in the Sierra] published in Diario Chihuahua on August 30, 1998; brief containing evidence, folio 7). As evidenced in the Friendly Settlement Agreement, José Tomás Trueba Loera is interchangeably referred to as “José Tomás Trueba Loera” or “José Tomás Trueva Loera”. 23 24 As evidenced in the Friendly Settlement Agreement, Ms. Micaela Arciniega is interchangeably referred to as “Micaela Arciniega Cevallos” or “Micaela Arciniega Ceballos". 25 Statement of Jorge Jiménez of August 22, 1998, made to the Office of the Public Prosecutor assigned to the town of Baborigame, Municipality of Guadalupe y Calvo, State of Chihuahua, retaken by the National Human Rights Commission on November 30, 1998, in file No. 98/5007-1 (brief containing evidence, folio 90). 26 Statement of Vidal Trueba Arciniega of August 22, 1998, made to the Office of the Public Prosecutor assigned to the town of Baborigame, Municipality of Guadalupe y Calvo, State of Chihuahua, retaken by the National Human Rights Commission on November 30, 1998, in file No. 98/5007-1 (brief containing evidence, folio 90). 9