66
who informed him about the reasons for the charges against him; he was
granted adequate time and means to prepare his defense; he received
counseling by his defense counsels or persons of trust with whom he
communicated freely; he was informed about the right to defend himself or if he
did not have the necessary resources, about the right to have a Federal Public
defender appointed for him; they had the right to interrogate witnesses present
in the Tribunal and he was given help to obtain the appearance of all those
persons that could shed light on the facts; in such an extent that this benefit was
adopted also by the defender who interrogated the witnesses who declared
against him, the defenders who assisted him when rendering a statement at
prosecution and in the preparation thereof, and the attesting witnesses who
were present in the first statements; he was also informed about the right not to
incriminate against oneself or to plead guilty; likewise, he was also duly
informed of his right to appeal the judgments before a Superior Court.”253
160.
As from that, the Unitary Tribunal considered that Messrs. Cabrera and
Montiel had the necessary defense, given that “the fact that they admitted that
they do not recognize their court-appointed defense counsels […], does not
minimize the evidentiary value of the proceedings in which they intervened, given
that they were straightforward in mentioning that they provided them with legal
counseling and that they ensure compliance with their individual guarantees.”254
The domestic courts who heard the case255 responded to the accusations of
irregularities in the defense provided by court-appointed defense counsels in the
same way the Unitary Tribunal did it.
161.
On the other hand, the domestic judicial case file reveals that, in the
statement rendered at the Public Prosecutor’s Office by Messrs. Cabrera and
Montiel on May 7, 1999, a court-appointed defense counsel as well as a private
attorney intervened. On May 12, 1999 a formal order for detention was issued
against the victims and on the next day, they appealed such court order and
appointed a defense counsel to represent them at this procedural stage (supra
para. 69). On June 29, 1999, the First Unitary Tribunal solved the motion of appeal
and partially confirmed the detention order against Mr. Montiel Flores,256 since it
revoked the charges brought against him related to possession of narcotics due to
lack of evidence. As to Mr. Cabrera, the Tribunal upheld the formal order for
detention. Based on the foregoing, this Tribunal notes that Messrs. Cabrera and
Montiel did have a defense counsel who appealed such decision and that said
appeal produced some positive effects on the interests of the victims.
253
Likewise, the court indicated that Messrs. Cabrera and Montiel “had the corresponding legal
counseling when they rendered their preliminary statements [through] Mr. Juan Carlos Palacios
Sebastian Federal Public Defender and Liberio Melquiades Jardón[,] private attorney, who were
appointed by the [them].”.” In addition it was established that even though, as has been mentioned by
the appellants, said defenders “did not inform them about the right to render or not a statement, this
event does not discredit the proceeding”, nor the fact that “they stayed in contact with the accused
during a short term, [that] they do not agree with the objects placed at their sight, as has been said
that it did not occur and that they indicated they do not remember what they declared about.” Cf.
Judgment of August 21, 2002 issued by the First Unitary Tribunal, supra note 148, folios 15301 to
15302 and 15238 to 15239.
254
Cf. Judgment of August 21, 2002 issued by the First Unitary Tribunal, supra note 148, folios
15227 to 15228.
255
Cf. Judgment of August 28, 2000 issued by the Fifth District Court, supra note 75, folios 11137
to 11293; Judgment of October 26, 2000 issued by the First Unitary Tribunal, supra note 77, folio
11322, volume XXVII, folio 12205 and Judgment of July 16, 2001, issued by the First Unitary Tribunal,
supra note 82, volume XXVIII, folio 13022 to volume XXIX, 13735. The Court notes that in the
statements of May 6, 1999 the court-appointed defense counsel made questions for the defense of
Messrs. Cabrera and Montiel and that, based on the interrogation, they mentioned for the first time the
mistreatment against them. Cf. Statement of Messrs. Cabrera and Montiel of May 6, 1999, supra note
132, volume XXIII, folios 9777 to 9782 and 9783 to 9786.
256
Cf. Judgment issued on June 29, 1999 by the First Unitary Tribunal of the Twenty-First Circuit
(record of annexes to the answer to the application, volume XXIII, folios 9961 to 10020).
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