32
81.
The facts of the instant case occurred in a context of significant military
presence in the state of Guerrero in the 1990s,105 as an official response to drug
trafficking and to emerging armed groups like the “Ejército Zapatista de Liberación
Nacional” (Zapatista Army of National Liberation) (EZLN) and the “Ejército Popular
Revolucionario” (Popular Revolutionary Army) (EPR).106 This response consisted in
the deployment of armed forces to the states where these groups operated and
where drug trafficking activities took place.107 Consequently, and taking into
account some of the controversies between the parties (infra paras. 90 to 92) the
Court deems it relevant to specify the scope of some of the treaty obligations under
this type of circumstances.
82.
Within the previous framework, as of that decade, the Armed Forces
assumed roles and duties of public security in some states, including Guerrero,
through the establishment of patrols on highways and roads, roadblocks,
occupation of towns, detention and interrogation of people and searching homes
looking for uniforms, weapons and documents.108 Guerrero is “one [of] the few
[states] that has two military zones out of 41 in total" and also includes a military
region, "IX, out of XII regions, whose budget had a percentage increase of 50.14
per cent from 2000 to 2009, an increase greater than that of all the other regions
except for region I.”109
83.
In this specific case, the Court observes that in the military operation
carried out in the town of Pizotla on May 2, 1999, prior to the arrest of Messrs.
Cabrera and Montiel, the military group that intervened was made up of 43
soldiers.110 In this regard, the NCHR verified that the military commission moved to
this location to confirm a piece of information regarding a gang ("gavilla") (supra
para. 67). The NCHR considered proven the facts that “the town […] was
besieged,” “it was under surveillance,” and that “military personnel […] shot with
firearms, terrorizing the civil population of the town of Pizotla, in addition to having
violently treated the women and children and keeping this town isolated during two
days.”111 The NCHR established that “the behavior exhibited [by the military
personnel] in charge of directing, supervising and authorizing this operation
violated the human rights of the community’s inhabitants, […] in that they were
prevented from [...] exercising their right to freedom of movement.”112
84.
Moreover, the defense counsels of the alleged victims at the domestic level
indicated that the Mexican Army is not a competent authority to investigate and
prosecute crimes, and that “it shall be the Public Prosecutor’s Office, the Judicial
Colombia. Communication N° 195/1985 of July 12, 1990, para. 5.5 and Case of Chongwe V. Zambia,
Communication Nº 821/1998 of October 25, 2000, para. 5.3.
105
Case of Rosendo Cantú et al v. Mexico, supra note 30, para. 70.
106
Cf. Affidavit of Miguel Carbonell Sanchez of March 30, 2010 (record of the merits, volume III,
folio 1166) and Human Rights Watch. Uniformed Impunity: The inadequate use of justice in Mexico to
investigate abuses committed during anti-drug trafficking and public security operations (Impunidad
Uniformada: uso indebido de la justicia en Mexico para investigar abusos cometidos durante operativos
contra narcotrafico y de seguridad publica), April 2009 (record of annexes to the brief of pleadings and
motions, volume XXI, folio 8675 to 8676).
107
Cf. Affidavit rendered by Miguel Carbonell Sanchez, supra note 106, folio 1166 and Affidavit
rendered by Jose Luis Piñeyro on August 9, 2010 (record of the merits, volume III, folios 1284 to 1294).
108
Cf. Affidavit rendered by Miguel Carbonell Sánchez, supra note 106, folios 1166 and 1168 and
affidavit of José Luis Piñeyro, supra note 107, folios 1284 to 1294.
109
Cf. Statement rendered by Jose Luis Piñeyro, supra note 107, folio 1288.
110
Cf. NCHR. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folio 8440.
111
Cf. NCHR. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folios 8181 to 8367.
112
Cf. NCHR. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folios 8181 to 8367.
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