6
the confession made by the former under torture, and sentenced him to 50 years in
prison.
2.
Said judgment was appealed and it was the Eighth Penal Section of the Distrito
Federal Superior Court which had to examine the appeal motion filed under number
454/93. On August 17, 1993, the Eighth Section confirmed the first instance judgment.
3.
In June 1997 Mr. Martín-del-Campo filed a direct amparo appeal motion against
the final decision of the Distrito Federal Eighth Penal Section, which was referenced
under number 2004/97-475. The amparo appeal judgment was handed down on
December 2, 1997, and it confirmed the judgment appealed also on the basis of
confessional evidence.
4.
On April 5, 1999, Mr. Martín-del-Campo filed a recognition-of-innocence remedy
with the Distrito Federal Superior Court, which admitted it and in turn forwarded it for
study and consideration to Penal Section Seventeen under number RI-1/99. Penal
Section Seventeen then handed down its final judgment on the matter on April 29,
1999, having found such remedy to be groundless and not applicable.
[…]
5.
A complaint was filed through administrative channels with the Office of the
Internal Comptroller of the Distrito Federal Attorney General’s Office which was
identified as case number QC/0011/FEB-94 and, pursuant to the October 14, 1994,
decision, judicial police officer Sotero Galván-Gutiérrez was found to be liable for having
arbitrarily detained and beaten Mr. Alfonso Martín-del-Campo-Dodd, and for not having
safeguarded the latter’s human rights.
6.
In addition, a complaint claiming torture was filed with the Distrito Federal
Attorney General’s Office On May 11, 1995, under preliminary investigation number
SC/3839/95-03, which was not duly admitted and which was ultimately dismissed.
7.
Complaints were likewise submitted to the National and the Distrito Federal
Human Rights commissions which produced no results.
8.
Lastly, and without detriment of the non-obligation to continue exhausting
domestic remedies whenever they are found to be ineffective and in violation of the due
process, on March 19, 2001, a direct civil rights protection remedy was filed with the
District Judge In Office against the recognition-of-innocence judgment. This remedy is
currently being examined.
17.
On March 23, 2001, the Commission transmitted to the State the
communication submitted by the claimants on March 22, 2001, and granted a term
of thirty days for it to submit its respective comments.
18.
On April 23, 2001, the State submitted its comments to said communication
and thereby expressed the following:
as a result of the hearing held before the Commission on October 11, 2000, it became
evident that there were internal jurisdiction remedies which had not been exhausted in
the instant case.
[…]
The internal jurisdiction remedies whose existence the State has fully demonstrated in
its previous replies, have been at all times available to the claimants and it has been
proven that they are adequate and efficient, which in no way implies that the results
obtained from the application thereof must necessarily be favourable to the claimants.
[…]
This means that in the instant case the hypothesis that make viable the exceptions in
the Convention and the jurisprudence of the Court are not updated.
The foregoing considerations notwithstanding, the Mexican Government wishes to stress
the fact that, as acknowledged by the claimants themselves, on March 19, 2001, they
filed with a District judge an amparo appeal against the Distrito Federal Superior Court’s
decision that on April 29, 1999, declared non applicability of the recognition-ofinnocence remedy. It is appropriate to point out that a revision remedy would be
applicable against the decision of the District judge before the Circuit Courts or before
the Supreme Court itself, who shall adopt a final decision on the amparo appeal motion
filed.