14
Viviana Krsticevic, representative;
Alejandra Nuño, representative;
Roxanna Altholz, representative;
Arturo Requesens, representative; and
Fabienne Cabaret, representative.
55.
On July 07, 2004, and following the President’s instructions, the Secretariat
asked the Inter-American Commission, the representatives of the alleged victim and
his next of kin, and the State, in conformity with Article 45(2) of the Rules of
Procedure, to submit the following documents as evidence to facilitate adjudication of
the case: a) the decision whereby the revision remedy entered by Mr. Alfonso
Martín-del-Campo on January 19, 1998, against the judgment in the amparo appeal
hearing handed down on December 02, 1997, by the Fourth Penal Court of the First
Circuit, was dismissed as not applicable, and b) a copy of the documents pertaining
to such actions under preliminary investigation SC/3839/95-03 started by the
Prosecutorial Agency as were performed after March 17, 2003 and up to the date of
said communication (July 07, 2004).
56.
On July 16, 2004, the State delivered a note where it requested “an extension
to submit the documentation required,” alleging that the Supreme Court went “on
recess.” That same day, and following the President’s instructions, the Secretariat
granted an extension up to July 26, 2004, to the State, the Inter-American
Commission and the representatives for submission of the documentation required
as evidence to facilitate adjudication of the case. On July 26, 2004, the State
submitted said documentation. That same day the representatives of the alleged
victim and his next of kin informed that, even after several efforts made before state
authorities, they were unable to obtain the documents requested. In like manner, on
July 16, 2004, the Commission informed that, despite efforts made, it was
impossible to obtain copies of the documents requested.
V
JURISDICTION
57.
The Court has jurisdiction, in the terms set forth in Article 62(3) of the
Convention, to hear the two preliminary objections brought by the State in the
instant case, by virtue of the fact that Mexico has been a State Party to the American
Convention since March 24, 1981, and accepted the jurisdiction of the Court on
December 16, 1998. Additionally, Mexico has been a State Party to the InterAmerican Convention to Prevent and Punish Torture since June 22, 1987.
VI
PELIMINARY CONSIDERATIONS
58.
At this point the Court feels it is necessary to refer to several facts relative to
the instant case, for consideration of the preliminary objections brought by the State,
concerning the domestic penal proceedings, the preliminary investigations carried
out by the Distrito Federal Attorney General’s Office, and the procedure before the
Inter-American Commission:
58.1 It is appropriate, concerning preliminary investigation 10ª/2160/92-05
and the penal proceedings before the courts in Mexico to point out the
following: