47
147. In the preliminary investigations mentioned above, the statement of Mrs.
Rosendo Cantú was received and a “statement of injuries” was issued. In addition, the
Military Public Prosecutor’s Office carried out an on-site visit to the crime scene,177
carried out a lineup procedure in the home of Mrs. Rosendo Cantú with 28 members of
the Rios Operations Base,178 carried out a photo identification review of members of the
Hernandez Operations Base,179 and obtained the ministerial statement of various
persons, among them, military personnel.180 Finally, on February 26, 2004, the
Fourteenth Agency of the Military Public Prosecutor’s Office gave for the consideration of
the Military Attorney General’s Office the record of the preliminary investigation
“because of the failure to prove the commission of an illegal act on behalf of military
personnel.”181 The Military Attorney General determined the record of the Preliminary
Investigation SC/169/2002/I –V-XIV on March 12, 2004.182
iii) Preliminary Investigation MOR/AEDS/025/2002 – Civil Public Prosecutor’s
Office
148. On October 16, 2007, the Common Public Prosecutor’s Office adjoined to the
Office of Preliminary Investigations of the Attorney General’s Office of the state of
Guerrero, in compliance with the agreements of the State on October 12 during the
proceedings before the Inter-American Commission, requested the Military Attorney
General’s Office to send the Preliminary Investigation MOR/AEDS/025/2002 for its
continuation.183 On January 11, 2008, the Attorney General’s Office acknowledged
receipt of the Preliminary Investigation SC/169/2002/I-V-XIV, which contained the case
file MOR/AEDS/025/2002. In that same court order, the corresponding investigations
recommenced.184
177
Cf. Record of the Agent of the Military Public Prosecutors of March 6, 2002 (case file of annexes to the
answer to the application, tome II, folios 7825 to 7831), and Agreement of the Agent of the Military Public
Prosecutors of March 7, 2002 (case file of annexes to the brief of pleadings and motions, tome II, annex 118,
folios 5934 to 5936).
178
Cf. Record of the Agent of the Military Public Prosecutors adjoined to the 35th Military Zone of March
15, 2002 (case file of annexes to the answer to the application, tome II, folios 8201 to 8206).
179
Cf. Record of the Agent of the Military Public Prosecutors adjoined to the 35th Military Zone of March
16, 2002 (case file of annexes to the answer to the application, tome II, folios 8210 to 8211).
180
Cf. Ministerial declarations of Messrs. Ezequiel Sierra Morales, Godoy Aviles, and of members of the
Mexican Army (case file of annexes to the answer to the application, tome II, folios 7825 to 7828, and case file
of annexes to the brief of pleadings and motions, tome II, annexes 41 and 42, folios 5689 to 5694; annexes
119 and 126, folios 5938 to 6201; tome III, annexes 148 and 149, folios 6760 to 6786; annexes 152 and 154,
folios 6793 to 6819, and annex 161, folios 6838 to 6953).
181
Cf. Agreement of consideration of the record of the Fourteenth Investigative Agent of the Military
Public Prosecutors adjoined to the Office of Preliminary Investigations of the Attorney General of Military
Justice of February 26, 2004 (case file of annexes received during the public hearing, tome II, folios 17631 to
17644).
182
Cf. Brief of observations on the merits of the State in the processing of the case before the InterAmerican Commission of June 6, 2007 (case file of annexes to the application, appendix 3, tome I, folio 4390).
183
Cf. Order No. PGJE/DGCAP/6030/2007 of General Office of Investigatory Services of the Attorney
General for Justice of the state of Guerrero of October 16, 2007 (case file of annexes to the answer to the
application, tome XV, folio 13785).
184
Cf. Agreement of receipt and restart of the Agent of the Public Prosecutor of the Common Jurisdiction
adjoined to the General Office of Investigatory Services of January 11, 2008 (case file of annexes to the
answer to the application, tome XV, folio 13789).
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