42 Commission and the Inter-American Court. In said statements, Messrs. Cabrera and Mr. Montiel mentioned acts of cruel, inhumane and degrading treatments or alleged acts of torture to which they were submitted during the days they remained under arrest. 112. From the statements of Messrs. Cabrera and Montiel during the criminal process, in general terms, it was reported: i) pulling of the testicles blows; ii) electric shocks; iii) blows to different parts of the body, such as the shoulders, abdomen and head; iv) that they were blindfolded and bound; v) that they were placed forming a cross according to the sun’s location; vi) that they were blinded by a bright light; vii) that they received death threats by means of weapons; and viii) that Tehuacán soda was forced up their noses.147 113. The Court notes that the domestic tribunals considered Messrs. Cabrera and Montiel’s testimonies as inconsistent, and thus, detracted value from them.148 Nevertheless, the Court considers that the differences between each testimony given by Messrs. Cabrera and Montiel cannot be considered as contradictions bound, that they gave them nothing to eat, and that where they were lying on the ground, they dug with their elbows and they drank the water that they collected in this way, because they were not giving them water..” “[O]nce at the battalion’s base, they continued to beat him and […] on Thursday a drunken soldier arrived and he continued to beat and torture them[…]” Mr. Montiel Flores attested that when he was detained at the Pizotla River, “one of the soldiers pulled his pants down and pulled on his testicles […] another soldier held him from the jaw and pulled him, another soldier was leaning on his shoulders and apparently dropped with his knees down on his stomach, that the three soldiers were doing this at the same time and they were telling [him] to say that […] he belonged to the EPR and that he should talk, because otherwise they said they knew who [his] family was […], that they wet him to give him electrical shocks." “Later, [at the 40th Battalion], they separated [them] and took him to a room and there they wanted to force him to say that he carried weapons and that he belonged to a guerrilla group […]..” That night, “they took them and put them all tied up […] in a military vehicle, […] putting the rifle muzzle to the declarant’s head, near the nape, and a foot on the back, telling them that they would bring them to jail..” Cf. Expansion of the statements of Messrs. Cabrera and Montiel of December 23, 1999, supra note 67, folios 10360 to 10362 and 10364 to 10366. 147 Mr. Cabrera Garcia stated that: “[a]t night, they took us out, they poured sparkling water in [my] nostrils, they pulled [by] my hair, and that Tehuacán drink was so strong, that […] [I] felt that it was coming up through [my] whole nose and head, [I] was suffocating so they would hit [me] in the head to revive [me] and while [I] came to and reacted, they were doing the same to Rodolfo.” Cf. Affidavit of Mr. Teodoro Cabrera Garcia of March 4, 2010 (record on the merits, volume III, folio 1193). 148 In relation to the contradictions that the victims are allegedly guilty of, the Unitary Court held that: “they are inadmissible because, independently of their vagueness and imprecision, they do not indicate which judicial and ministerial authority they are referring to; the physical and moral tortures which they refer to do not spring from the preliminary investigation, given that […] the various statements they made before the Agent of the Public Prosecutor’s office in Arcelia, Guerrero, the Federal Public Prosecutor’s Office in Coyuca de Catalán, of the same office and the Criminal Court of First Instance of Coyuca de Catalán were all rendered according to the law, […]. In particular, the lower court pointed out that the main contradictions were evident in that: “while RODOLFO MONTIEL FLORES alleged, in his initial statement, that one of the soldiers got angry when they fed him and he wanted to wash his hands, threatening him with smashing his head with a stone, Teodoro Cabrera Garcia, in his expansion of the preliminary statement, stated that they gave them nothing to eat and that they even used their elbows to dig holes to fill up with river water to drink; hence, while RODOLFO MONTIEL FLORES asserted that, in the presence of his neighbors and relatives, they were tortured by the soldiers, Cabrera Garcia assured that when he was arrested, there were already lots of people beating him; that, while Teodoro Cabrera Garcia sustained that “on the same day of his arrest”, they took him to a field to torture him, RODOLFO MONTIEL sustained that during ‘the whole Sunday’, they were at the river and that 'on the next Monday, they took them to the mountain' and then, they tortured them; this coupled with the fact that Teodoro Cabrera Garcia does not refer to electrical shocks, while RODOLFO MONTIEL FLORES does refer to this; and while Teodoro Cabrera denies having signed the documents prepared by the soldiers, RODOLFO MONTIEL FLORES asserted that, given he was subjected to torture, he was forced to sign the document prepared by the 40th Battalion.”.” Cf. Judgment handed down on August 21, 2002 by the First Unitary Court of the Twenty-First Circuit (Criminal Docket number 406/2000) (record of annexes to the answer to the application, volume XXXI, folios 15139 and 15140, and 15152 to 15155).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents