84 334. The Commission alleged that Víctor Javier García Uribe and Gustavo González Meza (hereinafter “Mr. García” and “Mr. González”) were accused of having committed the murders, even though they had no evident “connection with the facts,” and that their “arrest […] was arbitrary and their confessions of guilt were obtained under torture.” The representatives agreed with the Commission and added that the “Attorney General [gave orders] ‘to concoct’ the case file and fabricate guilty parties, to avoid social pressure.” They also indicated that Mr. González died in prison following a hernia operation related to the torture he had suffered. The Commission and the representatives added that the defense lawyers of Mr. García and Mr. González were murdered in circumstances that have still not been clarified, and that their next of kin have been threatened, resulting in the adoption of precautionary measures in their favor. 335. The State asserted that the Court “can only examine the alleged violations” that relate to the death of the three victims and not those regarding to the criminal proceedings filed against Mr. García and Mr. González. Furthermore, the State indicated that “the hypothesis of the probable responsibility” of said individuals “cannot and should not be considered as fabrication of guilty parties”; rather “it was the result of the examination of several items of evidence that, […] at the time, allowed their direct participation [in the murders] to be presumed.” Nevertheless, the State acknowledged that the investigation into these individuals meant that “other lines of inquiry” were not exhausted, and that “the determination that [these individuals] were not criminally responsible meant that the investigating authorities lost credibility in the eyes of the next of kin, and resulted in the loss of evidence and clues merely because of the passage of time.” 336. Regarding the State’s allegation concerning the Court’s lack of jurisdiction, the Tribunal reiterates the contents of the order of January 19, 2009 (supra para. 9), to the effect that all the evidence in the case file concerning what happened with regard to Mr. García and Mr. González could be used as “relevant evidence when assessing […] the supposed deficiencies in the investigations [into the death of the three victims] conducted in the domestic jurisdiction.” 337. In this regard, Mr. García and Mr. González were detained on November 9, 2001, following the discovery of the bodies in the cotton field on November 6 and 7, 2001. In their initial statements, they admitted that they had committed the crimes and described how they had perpetrated them.370 However, on November 12, 2001, when their “preliminary statement” was being heard, they declared that they had confessed because they had been tortured and owing to threats against them and their next of kin.371 338. On February 5, 2002, Mr. González’s lawyer died from gun wounds inflicted by the Judicial Police of the State of Chihuahua in circumstances that remain to be 370 Cf. testimony of Víctor Javier García Uribe before the official of the Public Prosecutor’s Office attached to the Office of the Attorney General for the state of Chihuahua on November 9, 2001 (case file of attachments to the pleadings and motions brief, volume XIV, attachment 3, folios 4839 to 4842) and testimony of Gustavo González Meza before the official of the Public Prosecutor’s Office attached to the Office of the Attorney General for the state of Chihuahua on November 9, 2001 (case file of attachments to the pleadings and motions brief, volume XIV, attachment 3, folios 4854 to 4857). 371 Cf. preliminary statement of Gustavo González Meza before the Third Criminal Judge of the Bravos District, Chihuahua, on November 12, 2001 (case file of attachments to the pleadings and motions brief, volume XIV, attachment 3, folios 4887 to 4894) and preliminary statement of Víctor Javier García Uribe before the Third Criminal Judge of the Bravos District, Chihuahua, on November 12, 2001 (case file of attachments to the pleadings and motions brief, volume XIV, attachment 3, folios 4896 to 4904).

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