26
beating and torture and other offences’ […] without submitting
any evidence; that is, she did not adequately support or justify
said disagreement;”
b)
the “possible perpetration of the offence of torture is
denounced only and solely by [Mr.] Alfonso Martín-del-CampoDodd, as well as by his mother Bessie Dodd [Burke], who was
not an eye witness;”
c)
the allegation of torture “was not in any way proven,
since the injuries shown [by Mr. Martín-del-Campo] had already
been inflicted at the time he was placed under the authority of
the people’s representation;”
d)
“in his own statement before the Prosecutorial Agency,
[Mr. Martín-del-Campo pointed out] that he himself hit his nose
[when he was] at home and [that] he possibly suffered certain
injuries when the vehicle he [was driving] in the direction of
Mexico City crashed, as well as […] the fact that some of his
injuries were inflicted at the time that he attacked his brotherin-law and his sister;”
e)
the deposition before the Prosecutorial Agency “was
made freely and spontaneously, without any pressure
whatsoever” by Mr. Alfonso Martín-del-Campo;
f)
Mr. Sotero Galván-Gutiérrez “denies the accusation
made by the complainant” and recognises “the statement that
he made before the Internal Comptroller’s Office [of the Distrito
Federal Office of the Attorney General], where administrative
action was brought against him;”
g)
in his statement of April 12, 1996, Mr. Galván-Gutiérrez
pointed out that “he d[id] not ratify his statement made during
[the] face-to-face confrontation [held on September 09, 1992]
after carefully reading […] his answers which had always been
negative[…]” and that the positive answer concerning the blows
“was possibly the result of an error on the part of the person
doing the writing;”
h)
not having applied for a release on bail for Mr. Martíndel-Campo during his statement before the Prosecutorial
Agency in view of the seriousness of the offence attributed to
him, did not qualify the public defender’s action as an offence;
i)
“it is not possible to establish” possible offences
committed by the public servants who were involved in the
establishment of preliminary investigation 10ª/2160/92-05 or
by personnel attached to Penal Court 55 who examined the
penal case where Mr. Alfonso Martín-del-Campo was convicted.
j)
in conclusion, the case presented by Mr. Alfonso Martíndel-Campo and Ms. Bessie Dodd-Burke is both, not applicable
and groundless, just as is their disagreement expressed with
respect to the authorisation for non application of penal action.
58.2.35 On June 13, 2000, the Office of the Deputy Prosecutor for
Central Preliminary Investigations of the Distrito Federal Office of the
Attorney General requested the preliminary investigation SC/3839/9503 to be sent to the Historical and Concentration File, since it was
decided to authorize non application of penal action as a final decision.