confessions and identified others as being responsible for this act, precisely during the periods in which he claims to have been subjected to such treatment, and that he subsequently refused to ratify those statements (supra para. 77). 213. It should also be recalled that this event occurred in a context in which individuals under arraigo were frequently subjected to torture or coercion in order to obtain their confessions for the criminal acts under investigation. On this point, the United Nations Human Rights Committee has warned that “people detained under arraigo are exposed to ill-treatment.” 231 Similarly, the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, noted that “of all the reports of abuse heard by the delegation during its visit, the most alarming allegations came from people held under arraigo (investigative or pre-charge detention).” It also found that “although this form of detention is intended to be the least restrictive of liberty, it is in fact - since persons detained under this arrangement have not yet been formally investigated - the form of detention that is most restrictive of the liberty of the individual. People under arraigo are at times held completely incommunicado and neither their families nor their lawyers have any information about their whereabouts. Such situations can render the individual defenseless against situations of torture and cruel, inhuman or degrading treatment. The delegation interviewed persons detained under arraigo in all the states visited.” Thus, it concluded that “the practice of arraigo may be conducive to torture owing to the lack of supervision and to the vulnerability of individuals held under arraigo, whose legal status is unclear and therefore their ability to exercise their right to defense is compromised.” 232 214. Therefore, based on the foregoing, this Court finds sufficient grounds to conclude that Reyes Alpízar was subjected to mistreatment by the authorities who were interrogating him. Furthermore, there is no doubt about the extreme severity of such mistreatment nor about the purpose pursued by those who inflicted it on him. All of this leads to the conclusion that Reyes Alpízar was subjected to torture by the authorities of the Public Prosecutor’s Office of the State of Mexico. Accordingly, the Court concludes that the State is responsible for the violation of the right to personal integrity and the right not to be subjected to torture recognized in Article 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of the same instrument, and Articles 1 and 6 of the IACPPT, to the detriment of Reyes Alpízar Ortiz. b) Regarding the alleged acts of torture to the detriment of Daniel García Rodríguez 215. With regard to Daniel García Rodríguez, it is on record that he was arrested on February 25, 2002, by police agents of the PGJEM. From then on, he was in the State’s custody until 2019 and made statements to the Public Prosecutor’s Office, a situation that continued during the period in which he was held in arraigo (supra para. 68). 216. According to the information contained in the case file, during his first appearance before the Fifth Criminal Judge, Daniel García Rodríguez stated that he had been arrested by deception, detained by force and under threat, both by agents of the judicial police and by the Deputy Prosecutor, who allegedly conditioned his release to the signing of prefabricated statements in which he incriminated himself and other persons. He stated that when he refused to sign, he was threatened and told that he and his family members would be accused, and that his wife had received phone calls to convince him to sign so that his daughters would not have “physical problems” (supra para. 71). 217. The facts of the case show that the Public Prosecutor’s Office requested certification of physical injuries and the private defense attorney requested an examination to confirm 231 Cf. United Nations, Concluding Observations of the Human Rights Committee, Mexico (April 7, 2010), UN Doc. CCPR/C/MEX/CO/5, para. 15. 232 Cf. United Nations, Report on the Visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Mexico (May 31, 2010), UN Doc. CAT/OP/MEX/1, paras. 142, 217 and 238. -56-

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