6
Texcoco, state of México, culminating in the blocking of highw ays. During the confrontation, 11
municipal police officers and six members of the public w ere injured, and 207 people w ere arrested
and brought before the judicial authorities.
29.
Mexico reports that as a result of the facts, investigations w ere begun by the offices
of the Attorney General of the Republic and the M exico State Attorney General. According to the
State, at the federal level, the investigations w ere led by the FEVIM, w hich carried out 350
formalities, including taking statements and ratifications from the alleged victims, conducting
medical and psychological examinations, etc. It also contends that steps w ere taken to corroborate
the alleged commission of the crime of torture. Since the probable responsibility of local-level state
agents w as identified, on July 15, 2009, the México State Attorney General’ s Office w as sent all
the documents in preliminary inquiry PGR/FEVIM/03/05 -2006, and it w as combined w ith a
preliminary inquiry (TOL/DR/I/466/2006). That preliminary inquiry at the state level w as begun to
investigate the probable commission by state agents of the crime of abuse of authority. At the same
time, the México State Attorney General’ s Office had initiated another preliminary inquiry
(TOL/DR/I/470/2006) against those individuals responsible for the events of May 3 and 4 in
Texcoco and San Salvador Atenco; this w as also combined w ith preliminary inquiry
TOL/DR/I/466/2006 because the facts of both w ere related.
30.
The State indicates that various formalities have been pursued but that the
complexity of the matter has delayed the criminal proceedings. In addition, because of the absence
of evidence for determining criminal responsibility, the stat e prosecution service resolved to shelve
the investigation on March 8, 2007. It also notes that later, on February 11, 2008, the agent of the
Public Prosecution Service charged w ith preparing the preliminary inquiries into the Texcoco and San
Salvador Atenco incidents again resolved to shelve the proceedings. On June 1, 2010, a legal study
of the preliminary inquiry by the General Directorate of Inspectors w as presented, ordering the
immediate reopening of the case. It w as therefore decided to reactivate the criminal proceedings, in
order to determine the involvement of the guilty parties. Follow ing that reactivation, the México
State Attorney General’ s Office has taken statements from 25 of the 30 police officers traveling in
the three buses w here possible acts of sexual abuse w ere reported. In addition, the State details a
series of steps that have been suggested for furthering the investigation.
31.
Regarding the criminal prosecution brought against a state police officer for allegedly
committing lew d acts on Ana María Velasco Rodríguez, the State reports that the proceedings
concluded w ith an acquittal handed dow n by the Second Single-member Criminal Chamber of the
Superior Court of Justice of the State of México.
32.
Criminal prosecutions w ere also brought against several state officers for their
probable responsibility in the crime of abuse of authority to the detriment of the public
administration (criminal case 59/2006). In this case, Mexico reports that on November 27, 2009,
the preliminary inquiry w as ordered closed and, later (no date specified), an acquittal w as issued
because of a lack of legal certainty regarding the alleged commission of the offenses in question.
33.
According to the State, the participation of the petitioners in the criminal
proceedings has not been hindered. It notes that although the petitioners assisted in the
investigations, they did not alw ays cooperate. Specifically, Mexico notes the refusal of some of the
alleged victims to undergo psychological examinations for cases of possible t orture follow ing the
Istanbul Protocol, w hich has contributed to the delay in the investigation.
34.
The State also notes that the Supreme Court of Justice of the Nation – using its
pow ers of investigation – and the National Human Rights Commission conducted investigations in
order to determine possible human rights violations. Mexico reports that the Supreme Court ’ s
investigation found that violations of individual guarantees did take place during the events of May 3
and 4, 2006, in Texcoco and San Salvador A tenco, but that those violations w ere not the result of