investigation of May 29, 2002 were received from the assistant director of pretrial
investigations for Indigenous Justice; c) various communications were sent to the
Judge of Sabanilla, Chiapas, advising him to notify Sonia López Juárez to appear at
the Ministerio Público to provide more information concerning the possible
whereabouts of her husband, but Mrs. López Juárez did not come forward. 35
30.
The State went on to argue that during the pretrial investigation,
“there was insufficient evidence gathered to determine the probable responsibility of
any agent in the alleged disappearance of Mr. González Méndez. Nor was there
enough information to support the participation of a paramilitary group in the matter
denounced.” 36 The State contended that the alleged disappearance of Antonio
González Méndez has to do with “[...] acts carried out by individuals and not by
officials of the State of Chiapas.” 37
31.
The State argued that during the pretrial investigation, various
statements were given that “indicated that the minor Juan Regino López Leoporto
was responsible for the disappearance of Antonio González Méndez,” 38 and so the
State opened an investigation against Juan Regino López Leoporto, who at the time
of the incident was a minor. The investigating agent forwarded the case records to
the Council for Protection of Minors [Consejo Tutelar para Menores] in Tuxtla
Gutiérrez, Chiapas, since Mexican legislation stipulated that “when a minor is accused
of having committed a criminal act, he shall be assured just and humane
treatment.” 39 The State went on to assert that under Mexican legislation, “persons
less than 18 years of age are considered as unindictable; [thus, the Ministerio
Público] shall refrain from opening an investigation against them and its intervention
shall be limited to making them immediately available to the acting representative of
the unit in charge of prevention and treatment of minors.” 40 In this regard, the State
reported that Juan Regino López Leoporto entered the protective juvenile facility on
February 6, 1999, for the probable disappearance of the alleged victim, and was
released on March 25, 1999.
32.
As for the complaint filed with the CNDH, the State argued that said
institution found “that there was no human rights violation of legal certainty on the
part of Mexican government officials, through participation in the disappearance of
Antonio González Méndez.” 41
33.
As for the argument by the petitioners to the effect that the State
officials did not channel the investigation to the “Justicia y Paz” organization, 42the
State contended that “in the various steps taken during pretrial Investigation
AL41/SJI/030/99, and in all the information gathered during that proceeding, there
was no indication whatsoever that would imply the participation of that organization,
or that the organization was responsible for the disappearance of Antonio González
Méndez.” 43 The State went on to say that in the statement that Mrs. Sonia López
deposed at the Ministerio Público, “there was no reference to the participation of any
civilian armed group in the disappearance of Antonio González Méndez; on the
contrary, she specifically accused only the minor Juan Regino López Leoporto.” 44 The
35
36
37
38
39
40
41
42
43
44
Observations submitted by the State
Observations submitted by the State
Observations submitted by the State
Observations submitted by the State
Observations submitted by the State
Observations submitted by the State
Observations submitted by the State
Refer to paragraph 20 of this report.
Observations submitted by the State
Observations submitted by the State
on
on
on
on
on
on
on
March 31, 2003, p. 1.
March 31, 2003, p. 2.
March 31, 2003, p. 3.
April 14, 2005, p. 2.
April 14, 2005, p. 2.
April 14, 2005, p. 3.
April 14, 2005, p. 5.
on April 14, 2005, p. 4.
on April 14, 2005, p. 4.
8
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