52
to what is established in the Istanbul Protocol, according to which pain may be the
only manifest complaint and “the intensity, frequency and duration […] should be
noted.”192
130. Lastly, the Court observes that at the domestic and Inter-American levels,
the victims and other witnesses193 declared that while Messrs. Cabrera and Montiel
were detained in the municipality of Pizotla, they were unable to communicate with
their families in order to establish how they were doing or to where they were
being transferred.194 Also, in the proceeding before this Court, the victims indicated
that “the night of the day [of the detention], they did not drink water, or were
given something to eat, and they did not let through those who brought food, all
that in the river.”195
131. In spite of what was mentioned, this Tribunal notes that, in the instant case,
the investigation was initiated more than three months after the allegations of
torture committed against Messrs. Cabrera and Montiel on May 7, 1999, were first
mentioned (supra para. 74). In addition, the Court observes that this investigation
was initiated upon express request by the complainants, made on August 26, 1999
within the criminal proceeding conducted against them.196 Although in the criminal
192
Cf. Istanbul Protocol, supra note 149, para. 169.
193
Moreover, a witness stated that “they were taken to the side of the Pizotla river, [...] where
they were held face down in the water, and what the Army did next with Rodolfo and Teodoro is not
known, because they did not let anyone go.”.” Cf. Testimony given by Silvino Jaimes Maldonado before
the Fifth District Court on October 26, 1999 (Criminal Case 61/99) (record of annexes to the answer to
the application, volume XXIV, folio 10237). Similarly, another witness who was questioned about the
distance she was from the victims while they were in the river, stated that “it was about some sixty
meters outside of my house where I saw that they were detained.”.” Cf. Testimony given by Cresencia
Jaimes Maldonado, supra note 61, folios 10245 and 10246. Lastly, a third witness indicated that Mr.
Montiel “was held next to Teodoro on the edge of the river over wet sand, face down, his hands behind
him, but [she] wasn’t able to see whether his hands were tied there [since she was] some fifty meters
away, (...) at home.”.” Cf. Testimony of Esperanza Jaimes Maldonado before the Fifth District Court on
October 26, 1999 (Criminal Case 61/99) (record of annexes to the answer to the application, volume
XXIV, folios 10252 and 10253).
194
Specifically, Mrs. Ubalda Cortés Salgado stated that on May 2: So that [Mr. Cabrera and
Montiel] would come out [[the soldiers] threw stones and they came and asked me where they had
gone [...] later I went back to my house and I went back after about an hour, and a lady there told me
that my husband had been detained, and I went to look and realized that they had him on the ground
lying face down with his hands behind his back [...] afterward, they boarded Rodolfo Montiel and
Teodoro [Cabrera] onto a helicopter and [I asked the soldiers] to let me talk to him to know where they
were going to take him, and they replied that I had no reason to talk to him, and to look for him
afterwards.”.” Cf. Testimony of Ubalda Cortés Salgado, supra note 61, folios 10072 and 10073. She also
stated: “they were at the bank of [the river], “we got closer and looked from that lady’s backyard. I
went to the plum plants; they asked me what I was doing and I asked […] to cut some plums, but it was
so that I could get closer and see how they were being held. They had them lying on the sand.” Cf.
Affidavit rendered by Mrs. Ubalda Cortes Salgado on June 15, 2010 (record of annexes, volume III, folio
1208). The Court notes that the direct criminal amparo [relief] ruling denied the testimony of Mrs.
Ubalda Cortes Salgado, given that "[...] her partiality and intention to benefit her husband RODOLFO
MONTIEL FLORES is evident, given that she rendered a statement beyond what was asserted by the
accused when she emphasized that the Captain told her that if she did not accompany him to look for
them, he was going to throw a grenade to kill them; that they set fire where the accused were in order
to force them out and threw stones at them, circumstances to which the accused do not make
reference; it is also incredible that if the soldiers were chasing her husband and companions and she
was already told that if they did not come out from where they were hidden, they were going to kill
them, she went to her home and come back an hour later.” In addition, it argued that "there is no
logical explanation regarding why she went back to her home for an hour if she was not a neighbor of
that community.” Cf. Judgment of August 21, 2002 issued by the First Collegiate Tribunal, supra note
148, folios 15130 and 15131.
195
Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note 177.
196
Cf. Constitutional confrontation hearings of August 26, 1999, supra note 86, folios 10157 and
10158.
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