Commission addressed the Mexican State to reiterate the request for information that it had
made on December 2, 2002.
14. On June 3, 2003, the petitioners submitted a request for an admissibility report on this
matter, and the Commission so advised the Mexican State on June 23, 2003. On January 12,
2004, the petitioners requested a hearing in order to place before the Commission the
statements of witnesses and arguments as to the substance of the case. On February 2, 2004,
the Commission responded that it had not accepted that request.
III.
POSITIONS OF THE PARTIES AS TO ADMISSIBILITY
A.
The petitioners
15. According to the petitioners, the Mexican State is responsible for various violations of
human rights to the prejudice of Teodoro Cabrera García and Rodolfo Montiel Flores. Those two
persons belonged to the environmental group, Organización de Campesinos Ecologistas de la
Sierra de Petatlán y Coyuca de Catalán (OCESP), which was created in 1998 to prevent the
indiscriminate logging of that mountainous area.2 According to the petitioners, the violations
committed by agents of the Mexican State against Cabrera García and Montiel Flores were
intended to suppress the campesino environmentalists and thereby remove the obstacle posed
by the independent action of OCESP.3
16. The alleged deeds began on May 2, 1999, when some 40 soldiers fired on a group of
people assembled outside the home of Mr. Teodoro Cabrera García in the community of Pizotla
in the State of Guerrero. During the shooting, Mr. Salomé Sanchez was killed, while the
soldiers subsequently captured Cabrera García and Montiel Flores. The petitioners allege that
the soldiers had no arrest warrant, nor did the circumstances of in flagrante delictoapply. They
also allege that the soldiers tortured Teodoro Cabrera García and Rodolfo Montiel Flores
repeatedly after their capture and during their incommunicado detention in the barracks of the
40th Infantry Battalion in Ciudad Altamirano, Guerrero, where they were held until the evening
of May 6, 1999.
17. The petitioners maintain that as a result of the pain and threats to which they were
subjected, Montiel Flores and Cabrera García were forced to sign self-incriminating statements
that the soldiers had prepared, according to which they mutually acknowledged having
committed the crimes of "sowing marijuana" and "carrying firearms".4 Those statements were
used by the Federal Prosecutions Office (PGR) to bring criminal charges against the two
individuals.5
18. The defense team for Messrs. Cabrera García and Montiel Flores asked the presiding judge,
on August 26, 1999, to report to the Public Ministry the acts of torture that had been
committed by soldiers against the defendants. Yet in November 1999, the PGR declared itself
incompetent to continue investigating the torture charges, and handed the matter over to the
PGJM, on the grounds that those allegedly responsible were military personnel on active duty.
According to the petitioners, the investigation was resolved and closed on June 13, 2000,
pursuant to the military investigator's finding that there was no evidence to support charges of
torture.6
2
The petitioners point out that "the committed efforts for the independent defense of natural resources conducted by
OCESP and, in particular, by Teodoro Cabrera and Rodolfo Montiel, have been widely recognized by major organizations working
for the defense of the environment and human rights". They note that Amnesty International has declared them as
"prisoners of conscience" (March 2000), that they were awarded the Goldman Environmental Prize (April 2000), the
Chico Mendes Prize conferred by the Sierra Club (February 2001), the Sergio Mendes Human Rights Prize (May 2001)
and Roque Dalton medal (May 2001). Idem, pages 5 and 6.
3
Idem, para 9, page 9.
4
Communication of the petitioners, October 25, 2001, para. 8, page 3.
5
The petitioners report that Rodolfo Montiel and Teodoro Cabrera were formally detained and processed, first by the First Instance Criminal Court of Mina under criminal
case 13/99 (even though th
at body is not competent to take on the case, as it deals with alleged federal crimes), and subsequently by the Fifth District Court of the 21st Circuit under case
file 61/99.
Communication of the petitioners, October 25, 2001, para. 11, page 3.
6
Idem, para.13, page 3.
3