58
representatives argued that these irregularities are related to the evidence
produced regarding the possession and use of weapons and drugs (inter alia, some
expert opinions and a sodium rhodizonate test), and other items of evidence
furnished in the statements made initially by the victims. The Court considers
appropriate to review the final conclusions at the judicial levels regarding these
issues.
144.
In relation to the controversies over the weapons, the Court observes that
the judgment of the Second Collegiate Tribunal rejected each one of the arguments
put forward by the defense counsel of the victims indicating, inter alia, that:
a) in relation to the expert opinion related to the identification of the
alleged firearms, “even though [the expert witnesses] did not prepare
their report in written form,”220 “this does not imply that it is invalid” in
view of their appearance and their description of the firearms;
b) “the fact that [...] the expert witnesses [...] dedicated a short amount of
time,” “which is surely the result of the expertise they posses” because
of they work for the Federal Judicial Police,” “lacks juridical importance;”
c) “in general, firearms have [their] data engraved” which “facilitates their
legal classification without having to demonstrate the operations or
experiments on which their opinions were based;”
d) “it is not possible to accuse the military personnel of not having brought
the detainees without delay,” “it was less feasible to place the
instruments and objects of the crime at disposal,” and
e) “in no way” can the alleged negligence “lead to the inexistence of the
weapons.”221
145. The Court emphasizes that this Second Collegiate Tribunal acquitted Mr.
Montiel Flores of the crime of carrying a .”22 caliber Remington rifle,” given that, in
one of his statements he “emphatically denied” carrying such rifle and because Mr.
Cabrera’s testimony did not incriminate him in this respect. Despite the foregoing,
the Second Collegiate Tribunal confirmed the criminal responsibility of Messrs.
Cabrera and Montiel for the crime of carrying firearms intended for the exclusive
demonstration and, at the same time, selling clothing. “On May 2, 1999, I was […] outside the house,
talking to an old man who [...] was 82 years, [her] wife [...] was also chatting at that moment [...].
[He] did not see that people were armed and he only [saw] that the soldiers came [there] firing their
weapons [...] he [did] not see either that they were soldiers, since usually soldiers arrive or used to
arrive at a community and identify themselves; they did not identify themselves with words, but with
shots, they run and suddenly, and [...] Salomé Sanchez Ortiz got shot […]. [He] wanted to be clear
[that] they never had weapons, because […] they are [not] fighting against life; to carry a weapon
would imply an intention to attack someone [...].” Cf. Statement rendered by Mr. Rodolfo Montiel Flores
at the public hearing, supra note 177. Moreover, Mr. Cabrera Garcia indicated in his affidavit that "the
soldiers came firing their weapons, then everyone run.” Cf. Statement rendered by Mr. Teodoro Cabrera
Garcia before a public notary, supra note 147, folio 1192.
220
The expert witnesses attested to having seen “a semi-automatic pistol, .380 caliber, Pietro
Bereta, manufactured by Browning Arms Company; a .22-caliber Remington rifle, Model 550-1; a .22
rifle, bold action, no serial number or brand; a .22 caliber Remington rifle, model 550-1; possessing or
carrying these weapons is allowed, provided the provisions and limitations established by the Federal
Firearms and Explosives Act are observed, a crime prescribed and punished in article 9, section I and II
second paragraph[,] respectively, in relation to article 81 first paragraph of said Act. Moreover, the 45caliber Colt semi-automatic pistol, serial number 85900G70; and the 7.62 mm M1A Springfield Armoy
rifle, serial number 035757, are the ones intended for the exclusive use of the Army, Navy and Mexican
Air Force, a crime prescribed and punished in articles 11. b) and 11.c), in relation to article 83 sections
II and III, respectively, of [said] Federal Firearms and Explosives Act.”.” Cf. Expert report in relation to
the identification of the firearms of May 6, 1999 (Preliminary Inquiry N° 33/CC/99) (record of annexes
to the answer to the application, volume XXIII, folio 9791).
221
Cf. Judgment of August 21, 2002 issued by the First Collegiate Tribunal, supra note 148, folios
14593 and 14596.
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