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However, he filed an appeal and, subsequently, filed an application for amparo, under which an
order was issued to amend the judgment,208 and this resulted in the final judgment being an
acquittal, based on the lack of credibility of the identification made by Ana María Ana María
Velasco Rodríguez. Specifically, that court indicated that the statement made by Ana María
Velasco Rodríguez recognizing her assailant was:
Inadmissible because it conflicted with her initial statements […] to which preponderant
probative value is accorded because they were made with the proper immediacy and in
which the passive subject categorically stated that she was unable to see the face of her
assailants, […] because she could only see the police agents who helped her […] and,
subsequently, she affirms that she did see the face of the accused; when she was shown his
photograph, she indicated him decisively, without equivocation. Therefore, these
inconsistencies detract from the convictive value of the accusation […] and even though she
has persisted in indicating him […] there is no duly substantiated justification for the change
she made in her initial version.209
C.4 Preliminary inquiry at the federal level before the FEVIM
146. On May 15, 2006, the Special Prosecutor for Crimes involving Acts of Violence against
Women (FEVIM)210 opened preliminary inquiry AP/FEVIM/003/05-2006 at the federal level for the
probable perpetration of various offenses against women detainees. 211 Subsequently, on May 16,
2006, the Center Prodh filed a formal complaint before the FEVIM for sexual abuse and human
rights violations committed in the context of the operations of May 3 and 4, 2006, on behalf of
Claudia Hernández Martínez, Suhelen Gabriela Cuevas Jaramillo, Mariana Selvas Gómez, Yolanda
Muñoz Diosdada, Bárbara Italia Méndez Moreno and two more women. This complaint was
expanded on May 26, 2006, to include Ana María Velasco Rodríguez and three women who do not
form part of this case.212
Cf. Ruling of February 9, 2009, of the First collegiate Criminal Court of the Second Circuit domiciled in the state of
Mexico (evidence file, folios 23276 and 23277).
208
Thus, the court considered that, “several inconsistencies are noted in the content of the offended party’s statements,
such as that, when testifying before the investigating authority on May 4 […], she had the opportunity to inform the
investigating authority of the sexual abuse […] but, nevertheless, she decided not to do so; it was only on May 5 […] that
she stated that, on May 3 […], during the transfer several police agents had demanded that she perform oral sex and
others had groped her. […] However, she did not identify the agent she now accuses […] despite only two days having
passed since the events took place; therefore, the events were still very recent and she could recount them in detail, but
she did not do so; and this was repeated when she came forward […] on May 12 […] and stated that […] she did not know
to which police force the agents she complained about belonged and she could not see the faces of those who forced her
to perform oral sex […], and this statement clearly proves that the passive party cannot identify her assailants […]; that
although it is true that […], on May 25 […], she stated that while she was being sexual abused she remained with her eyes
closed and […] [then] was able to open her eyes and could see the two police agents who helped her and can recognize
them, at no time did she state that she had seen her assailant; and it was only on June 13 […], when making a written
statement and having seen the photographs of the [state] police agents […] that she recognized the active party, without
equivocation as the person who forced her to perform oral sex.” Judgment of the Superior Court of Justice of the state of
Mexico, Second Unitary Criminal Chamber of Toluca, of February 18, 2009 (evidence file, folios 41479 to 41481).
209
Currently, this office is entitled the Special Prosecutor for Violent Crimes against Women and Human Trafficking
(FEVIMTRA).
210
Cf. Order to constitute the First Criminal Trial Court in Toluca, Mexico of October 15, 2014 (evidence file, folio 1638);
Order on the constitutional time limit issued by the First Criminal Trial Court in Toluca, Mexico of October 18, 2014
(evidence file, folio 2486); Order on the constitutional time limit issued by the First Criminal Trial Court in Toluca, Mexico
of October 21, 2014 (evidence file, folio 3486), and Order on the constitutional time limit issued by the First Criminal Trial
Court in Toluca, Mexico of October 27, 2014 (evidence file, folio 4387).
211
Cf. Complaints filed by the Center Prodh before the FEVIM on May 16 and 26, 2006, (evidence file, folios 8529, 8530
and 8536).
212