46
145. On June 7, 2002, Mrs. Rosendo Cantu filed a petition for relief [amparo] against
the rejection of jurisdiction of the civil forum in favor of the military forum,165 which was
stopped by the First District Judge of the state of Guerrero on August 30, 2002.166 Said
Order was contested by Mrs. Rosendo Cantú in an appeal [petition for review] on
September 17, 2002,167 and confirmed on November 12, 2002 by a judgment of the First
Collegiate Tribunal of the Twentieth Circuit of the state of Guerrero.168 On November 28,
of the same year, Mrs. Rosendo Cantú presented a brief wherein she requested the
Military Public Prosecutor to “abstain from following” the case.169 Said request was
rejected on January 20, 2003,170 in an order by the Military Attorney General’s Office,
which was contested by Mrs. Rosendo Cantú in a second petition for relief [amparo],
presented on February 11, 2003.171 The second proceeding for relief [amparo] was also
denied on April 29, 2003.172
146. On June 11, 2002, the Office of the Attorney General for Military Justice
(hereinafter “the Military Attorney General’s Office”) ordered that the Military Public
Prosecutor’s Office, adjoined to the 35th Military Zone, to forward the Preliminary
Investigation 35ZM/05/2002, and appointed the First Agency of the Military Public
Prosecutor’s Office adjoined to the Preliminary Investigations Department, to continue
the investigations.173 The Preliminary Investigation was assigned under the case file
SC/169/2002/I.174 Subsequently, the Preliminary Investigation was forwarded to the
Fifth Agency and then to the Fourteenth Agency, both adjoined to the same Section of
the Military Attorney General’s Office, which were assigned on September 1st and
November 25th, 2003, as Preliminary Investigations, SC/169/2002/I-V175 and
SC/169/2002/I –V-XIV,176 respectively.
165
Cf. Petition for relief [amparo] filed by Mrs. Rosendo Cantú on June 6, 2002, supra note 138, folios
500 to 527.
166
Cf. Order of the First District Judge of the state of Guerrero, Petition for Relief [Amparo] No.
603/2002-III, of August 30, 2002 (case file of annexes to the answer to the application, tome VIII, folios
11258 to 11290).
167
Cf. Appeal for review filed by Mrs. Rosendo Cantú against the Order of Petition for Relief [Amparo] No.
603/2002-III, of September 17, 2002 (case file of annexes to the answer to the application, tome XIII, folios
12853 to 12875).
168
Cf. Judgment of the First Collegiate Tribunal of the Twentieth Circuit, Petition for Relief [Amparo] in
Criminal Review 184/2002, of November 12, 2002 (case file of annexes to the answer to the application, tome
XIII, folios 12886 to 12948).
169
Cf. Brief of objection of jurisdiction of Mrs. Rosendo Cantú of November 28, 2002 (case file of annexes
to the answer to the application, tome XXII, folios 16762 to 16778).
170
Cf. Order No. AP-I-3577 issued by the Military Public Prosecutor of January 20, 2003 (case file of
annexes of the application, tome I, folios 550 to 587).
171
Cf. Petition for relief [Amparo] filed Mrs. Rosendo Cantú on February 11, 2003 (case file of annexes to
the answer to the application, tome XI, folios 11945 to 12007).
172
Cf. Judgment of the Fifth Judge of District “B” of Criminal Matters of the Federal District, of April 29,
2003 (case file of annexes to the answer to the application, tome XII, folios 12414 a 12438).
173
Cf. Radiogram No. AP-S-16391 of the Attorney General of Military Justice of June 11, 2002 (case file
of annexes to the answer to the application, tome VIII, folio 10866) and Order No. 0631 of the Military Public
Prosecutors of June 12, 2002 (case file of annexes to the answer to the application, tome VIII, folio 10867).
174
Cf. Agreement to file [open and settle] of the Investigative Agent of the Military Public Prosecutors of
June 17, 2002 (case file of annexes to the answer to the application, tome VIII, folio 10868).
175
Cf. Agreement to file [open and settle] Fifth Investigative Agent of the Military Public Prosecutors of
September 1, 2003 (case file of annexes to the answer to the application, tome X, folio 11850 and 11851).
176
Cf. Agreement to file [open and settle] of the Fourteenth Investigative Agent of the Military Public
Prosecutors of November 25, 2003 (case file of annexes to the answer to the application, tome X, folio 10852 a
10854).
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