Department. In that act, Mr. López appointed a defender. It is recorded in the statement that was made, that Mr. Lopez said that he had been mistreated.27 27. By presidential decree of July 20, 2000, Inspector Jorge López was discharged for "serious misconduct in the performance of his duties."28 28. Mr. Lopez was kept in detention until December 2000, when he was released under house arrest.29 29. The record shows that an administrative inquiry was opened for physical mistreatment at the 11th Metropolitan Police Precinct, in which, by resolution of December 12, 2000, five police officers were acquitted.30 30. On July 19, 2000 the Public Prosecution Service opened an investigation after receiving Mr. Lopez's statement. On June 11, 2001, the Public Prosecution Service filed an indictment against three agents for the crime of torture (Article 309, paragraph 1, subparagraph 1(e) of the Criminal Code) under the criminal definitions described in Articles 307 and 308 of the aforementioned Code (bodily injury in the exercise of public functions and coercion with respect to statements) and requested the opening of a trial. According to the indictment, Jorge Lopez and other officers and non-commissioned officers were alleged to have been subjected to coercion at the 11th Metropolitan Police Precinct and the Marine Corps facility. 31 31. On the same day, the Public Prosecution Service requested that the case be joined with the case of "Walter Hugo Bower Montalto - torture," in view of their connection. In that regard, it was requested that Representative Walter Bower be stripped of his immunity on the grounds that there was sufficient evidence to suspect his participation in the alleged acts of torture. 32 On July 24, 2001, the lower criminal court in charge joined the cases, and on August 8, 2001, an indictment was filed against Walter Bower. 33 32. According to the prosecutor’s indictment, there was another alleged victim of the illicit act, namely Commissioner Alfredo Cáceres; hence his request for the joinder of cases. 34 Mr. López and Mr. Cáceres coincided in their statements that, apart from police officers, Interior Minister Walter Bower was also present at the Marine Corps Headquarters on May 21, 2000, his presence being confirmed by the Public Prosecution Service from the log book for that day.35 33. After the cases were joined, the matter “passed to the Court of Appeals and the Supreme Court of Justice itself until constitutional challenge was filed in the trial of "Basilio Pavón et al. (...)" by the defendant Bower. On June 5, 2003, the Constitutional Division of the Supreme Court of Justice rejected the challenge. On July 22, 2003, the preliminary hearing was suspended, due to an objection on constitutional grounds presented by a defendant, in order to question competence of the intermediate stage. As the Public Prosecution Service mentioned, "in light of these motions, whose sole purpose was to postpone the preliminary hearing and gain time in order subsequently to invoke the statute of limitations, months later, after decisions were made on the Annex 4, Inquiry statement by Jorge López of June 7, 2000, Petitioners’ brief of January 11, 2011. Annex 3, Judgment S.D. No. 01 of December 30, 2019, Collegiate Sentencing Court of the Capital Judicial District, State’s brief of November 13, 2020, p. 406. 29 Annex 3, Judicial statement by Jorge López, Judgment S.D. No. 01 of December 30, 2019, Collegiate Sentencing Court of the Capital Judicial District, pp. 164 to 184, State’s brief of November 13, 2020. 30 Annex 3, Judgment S.D. No. 01 of December 30, 2019, Collegiate Sentencing Court of the Capital Judicial District, State’s brief of November 13, 2020, p. 406. 31 Annex 2, Indictment and request to open trial of the Public Prosecution Service of June 11, 2001, Case 01-01-02-00001-2000-2606, Petitioner's brief of March 13, 2008. 32 Annex 5, Written request for joinder of cases by the Public Prosecution Service of June 11, 2001. Case 01-01-02-00001-2000-2606, Petitioner's brief of March 13, 2008. 33 Annex 6, Report of the Public Prosecution Service on Case No. 2606/2000, "Basilio Pavón et al. - Bodily injury in the exercise of public functions" of August 19, 2008. Enclosed with the State's communication of August 27, 2008. 34 Annex 2, Indictment and request to open trial of the Public Prosecution Service of June 11, 2001, Case 01-01-02-00001-2000-2606, Petitioner's brief of March 13, 2008. 35 Annex 6, Report of the Public Prosecution Service on Case No. 2606/2000, "Basilio Pavón et al. - Bodily injury in the exercise of public functions" of August 19, 2008. Enclosed with the State's communication of August 27, 2008. 27 28 9

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