were thus subjected to pre-trial detention and were placed in the North Men’s Preventive Prison in
Mexico City.
64. The Court notes that various domestic courts claimed that they did have competence to hear
the matter until February 22, 2007 when the Second Collegiate Criminal Court of the Seventh Circuit
ratified the order of pre-trial detention. That court also held that the suspension of the political rights
of the victims was out of order. 50
65. As part of the criminal proceedings, on June 6, 2007, an expert presented a graphoscopic report
on the notebook found in the vehicle of the victims. The report concluded that “the handwriting that
appears in the document being questioned was not that of Jorge Marcial Tzompaxtle Tecpile.” An
expert in psychology concluded that “the language, the personal values and motivating forces of the
accused Gerardo Tzompaxtle Tecpile, Jorge Marcial Tzompaxtle Tecpile and Gustavo Robles López are
not reflected in the contents of the notebook nor in those of the Comando Popular Revolucionario ‘La
Patria es Primero.’” 51
66. On June 19, 2007, a preliminary interrogation was initiated regarding the alleged attempt to
bribe agents of the PFP who participated in the detention of the victims. On the following day, the PGR
brought criminal charges against the victims and sent the file to the Twelfth District Court in the State
of Veracruz. 52
67. On July 7, 2007, the victims gave their preliminary statements and received a new formal order
of detention.
68. On August 20, 2007, two criminal proceedings were joined (the offense of terrorism and that of
bribery) because “the evidence obtained and analyzed in that moment demonstrated that there was
a link between the causes.” 53
69.
On May 14, 2008, the Judge of the Twelfth District Court found the victims guilty of the following
50
That court stated the following in its order: “[...] according to the newspaper clippings that have been placed in
evidence, the different police reports certified by their signers and the diverse documents annexed to them; the publications
gathered by the Department of Social Communication of the PRG the tenth of October, two thousand five: 1) "Día del Guerrillero
Heroico'', 2) "Reaparece grupo armado", 3) "Aparece en San Marcos una columna del presunto grupo armado La Patria es
Primero", 4) "Guerrilleros incursionan en San Marcos y Atoyac"; notes on Internet consultations, [...] the anonymous telephone
call [...]; all this previously cited evidence, duly analyzed as a whole, [...] is circumstantial evidence [...] relevant for arriving
at the truth; in other words, that in this case it is demonstrated that the conduct of the accused, together with that of others,
met the description contained in the criminal norm, conduct that placed in danger the protected legal good, which is public
security and which encompasses safeguarding the sovereignty and security of the nation, the security of its people, the peace
and the social tranquility, generically, but especially the placing in danger of the public peace, above all, when it is a question
of undermining the authority of the State, or pressuring the authorities to make a decision, which has a purpose or result the
joint conduct among members of the criminal organization, through the utilization of its criminal potential.” Cf. Judicial Branch
of the Federation. First Unitary Court in Criminal Matters of the First Circuit. File (toca penal) 221/2006, by virtue of the appeals
filed by the accused Gerardo Tzompaxtle Tecpile, Jorge Marcial Tzompaxtle Tecpile and Gustavo Robles López (evidence file, f.
28955 et seq.).
Cf. Office of the Prosecutor General. Office of Expert Services. Results of the graphoscopies of May 15 and June 6,
2007 (evidence file, f. 395 et seq.).
51
That court stated the following in its order: “[...] according to the newspaper clippings that have been placed in
evidence, the different police reports certified by their signers and the diverse documents annexed to them; the publications
gathered by the Department of Social Communication of the PRG the tenth of October, two thousand five: 1) "Día del Guerrillero
Heroico'', 2) "Reaparece grupo armado", 3) "Aparece en San Marcos una columna del presunto grupo armado La Patria es
Primero", 4) "Guerrilleros incursionan en San Marcos y Atoyac"; notes on Internet consultations, [...] the anonymous telephone
call [...]; all this previously cited evidence, duly analyzed as a whole, [...] is circumstantial evidence [...] relevant for arriving
at the truth; in other words, that in this case it is demonstrated that the conduct of the accused, together with that of others,
met the description contained in the criminal norm, conduct that placed in danger the protected legal good, which is public
security and which encompasses safeguarding the sovereignty and security of the nation, the security of its people, the peace
and the social tranquility, generically, but especially the placing in danger of the public peace, above all, when it is a question
of undermining the authority of the State, or pressuring the authorities to make a decision, which has a purpose or result the
joint conduct among members of the criminal organization, through the utilization of its criminal potential.”
52
Cf. Judicial Branch of the Federation. Twelfth District Court in the State of Veracruz with its seat in Córdoba. Act of
August 20, 2007 (evidence file, f. 21675 et seq.).
53
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