187. In addition, the State is responsible for the violation of the right to personal liberty
contained in Articles 7(1), 7(3) and 7(5) of the American Convention on Human Rights, the right
to be heard and the presumption of innocence recognized in Articles 8(1) and 8(2), in relation to
the obligation to respect and ensure the rights established in Article 1(1) of the Convention, as
well as the obligation to adopt provisions of domestic law established in Article 2 of said instrument,
for the application of the concept of arraigo, contained in Article 154 of the 2000 Code of Criminal
Procedure for the state of Mexico, to the detriment of Daniel García Rodríguez and Reyes Alpízar
Ortiz (supra paras. 151 and 179).
188. Finally, the State is responsible for the violation of the right to personal liberty contained
in Articles 7(1), 7(3), and 7(5) of the American Convention on Human Rights, the right to the
presumption of innocence recognized in Article 8(2) of the same instrument, and the right to
equality before the law established in Article 24 of said treaty, all of these rights in relation to the
obligation to respect and guarantee the rights established in Article 1(1) of the Convention, as well
as the obligation to adopt provisions of domestic law contained in Article 2 thereof, for the
application of mandatory pretrial detention, established in Article 19 of the Mexican Constitution
and in the 2000 Code of Criminal Procedure for the state of Mexico, to the detriment of Daniel
García Rodríguez and Reyes Alpízar Ortiz (supra paras. 174, 179 and 185).
VIII.2.
THE RIGHT TO PERSONAL INTEGRITY 216 IN RELATION TO THE OBLIGATION TO
RESPECT RIGHTS 217 AND ARTICLES 1, 6 AND 8 OF THE INTER-AMERICAN CONVENTION
TO PREVENT AND PUNISH TORTURE
A. Arguments of the parties and the Commission
189. The Commission and the representatives alleged that Daniel García and Reyes Alpízar
were subjected to physical and psychological violence during their detention, interrogation and
arraigo. In view of these allegations, they noted that, through their internal mechanisms, both in
terms of medical checks or examinations, as well as in the investigation of the complaints made,
no conclusions have been reached to refute the petitioners’ claims and the respective evidence.
They also noted that a series of expert assessments carried out in the course of the criminal
proceedings show that the majority opinion among the experts was that Reyes Alpízar had been
a victim of physical and psychological torture. Furthermore, they argued that the State has not
provided a satisfactory explanation to refute these allegations or to disprove the evidence of their
occurrence. Therefore, bearing in mind that these actions would have been intended to break the
alleged victims’ psychological resistance and force them to incriminate themselves or implicate
certain individuals in criminal actions, they considered that the alleged victims were subjected to
acts of torture. In view of the foregoing, they concluded that Mexico violated the right to personal
integrity of Daniel García Rodríguez and Reyes Alpízar Ortiz, in accordance with Article 5(1) and
5(2) of the American Convention. 218 They also argued that the failure to investigate the complaints
216
Article 5 of the American Convention.
217
Article 1(1) of the American Convention.
218
The representatives added that Daniel García Rodríguez reported that when he was under arraigo in a hotel, police
officers of the state of Mexico came in to order him to watch television on a certain channel, where news related to the
arrest of his father, Isaías García Godínez, as well as his brother Isaías García Rodríguez, and his cousins Martin Moreno
Rodríguez, Elvia Moreno Rodríguez and Francisco Javier Sánchez García, was being broadcast at different times. They
alleged that the threat to gradually arrest his family members - a threat that was carried out - as well as forcing him to
watch images on television in which their arrests, names and the alleged crimes of which they were accused were publicly
exhibited, constitute, in the opinion of the representatives, a form of “extended” psychological torture, given that the
feeling of impotence, frustration, pain and psychological suffering inflicted upon García Rodríguez was not an instantaneous
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