65
certain officials of such locality appeared at the Battalion to draw up a record of
weapons and, possibly, to issue some documents that were then presented in the
criminal proceeding" and which the judges considered valid. It was indicated that
all of the above was made in collusion with the defense counsels appointed by the
court. The domestic courts valued these arguments and, therefore, the defense
counsels and the attesting witnesses, who were part of these statements at
prosecution, were called to render a testimony.246 In addition, the courts conducted
confrontation procedures with the victims247 by which it was concluded that the
victims had received adequate counseling.
159.
In the statements rendered on May 4, 1999, the victims admitted the
facts248 that the military officers presented in the accusation report against them.249
Notwithstanding, the domestic judicial instances considered that, in that statement,
Messrs. Cabrera and Montiel “were duly informed of their individual guarantees,
which compliance therewith corresponded to their court-appointed defense counsel
to ensure like the defense counsel admitted [himself].”250 Regarding the
statements rendered on May 6, the court-appointed defense counsel specified that
she talked to Mr. Montiel but she could not remember for how long, that she made
him some questions related to the manner in which he was arrested and which
treatment was afforded by the military officers who arrested him.251 The domestic
judicial instances considered that these statements of May 6, 1999, were according
to the law and “with the assistance" of a court- appointed defense counsel “who
was appointed to act as such by the accused themselves” and that “it spring from
the proceedings, the interventions of the counsel in favor of the accused.”252 In
particular, the judgment issued on August 21, 2002 by the First Unitary Tribunal
considered that:
“Mr. [Montiel] was assisted by in all his appearances before the Public
Prosecutor’s Office and the District Court, with whom he stayed in contact and
246
Cf. Proceeding before the Fifth District Court of January 21, 2000 by which the testimonies of
two attesting witnesses and one court-appointed defense counsel were rendered, supra note 230, folios
10437 to 10462. Moreover, proceeding before the Fifth District Court of January 27, 2000, by which the
testimonies of two attesting witnesses and one court-appointed defense counsel were rendered (record
of annexes to the answer to the application, volume XXIV, folios 10478 and 10497).
247
Cf. Confrontation procedures before the Fifth District Court of February 28, 2000 between
Messrs. Cabrera and Montiel and a court-appointed defense counsel and an attesting witness (record of
annexes to the answer to the application, volume XXV, folios 10599 to 10615). Likewise, confrontation
procedures before the Fifth District Court of February 29 and March 15, 2000, between Messrs. Cabrera
and Montiel and two attesting witnesses and a court-appointed defense counsel (record of annexes to
the answer to the application, volume XXV, folios 10619 to 10624 and 10672 to 10687).
248
Statement of Messrs. Cabrera and Montiel of May 4, 1999, supra note 142, folios 8198 to 8199.
249
Cf. Complaint filed by the Second Infantry Captain et al, supra note 66, folios 4212 to 4214.
250
The First Unitary Tribunal pointed out that in the confrontation procedures conducted between
the victims and the court-appointed defense counsel in the statement of May 4, “the latter repeated that
they rendered their statement, without any pressure, before the Agent of the Public Prosecutor’s Office
of Arcelia, Guerrero and that he assisted them as their defense counsel in such procedure, verifying that
the procedure was conducted according to law and in full respect of individual guarantees.” Cf.
Judgment issued on August 21, 2002 by the First Unitary Tribunal, supra note 148, folio 15187.
According to the court-appointed defense counsel who assisted the victims in their statements of May 4,
1999, before the proceeding, he suggested Messrs. Cabrera and Montiel “to render the statement
without felling any kind of pressure” and that “they should not feel pressured by the presence of the
judicial officials.”.” Cf. Proceeding before the Fifth District Court of January 21, 2000 by which two
attesting witnesses and one court-appointed defense counsel rendered their testimonies, supra note
230, folio 10455. This version was ratified in one of the confrontation hearings.
251
Cf. Confrontation hearings before the Fifth District Court of February 28, 2000, supra note 247,
folios 10599 to 10615.
252
15191.
Cf. Judgment of August 21, 2002 issued by the First Unitary Tribunal, supra note 148, folio
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