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).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents