B. On the detention, the deprivation of liberty and the criminal proceedings against Jorge Marcial and Gerardo Tzompaxtle Tecpile and Gustavo Robles López B.1. On Jorge Marcial and Gerardo Tzompaxtle Tecpile and Gustavo Robles López 47. It is an undisputed fact that Jorge Marcial and Gerardo Tzompaxtle Tecpile are members of the Nahuatl indigenous people and lived in the Municipality of Astacinga, State of Veracruz. At the time of the events, they had a grocery store and were a mason, respectively. Gustavo Robles López was a friend of Jorge Marcial and was a mason. B.2. On the detention of Jorge Marcial and Gerardo Tzompaxtle Tecpile and Gustavo Robles López. 48. On January 12, 2006 at about 10:30 a.m., Gerardo Tzompaxtle Tecpile, Jorge Marcial Tzompaxtle Tecpile and Gustavo Robles López, accompanied by two other individuals, were traveling near the Buena Vista pedestrian bridge on the Mexico-Veracruz road, when their vehicle had a mechanical problem. The occupants were fixing the problem when two agents of the Federal Preventive Police (hereinafter also “the “PFP”), who were in a patrol car, arrived. The driver informed the police that the vehicle had broken down because of a mechanical problem. The officials helped them push the vehicle out of danger. The officials then asked them where they were going and who were the two persons who accompanied them. The driver stated that he did not know them since they had picked them up along the road. The two unidentified persons indicated that they were going to get some water at a nearby village and did not return. 25 49. As indicated in the chapter on the acknowledgement of responsibility (supra paras. 25 to 27), the State admitted that, without a lawful order or an order from a competent authority, the agents searched the victim’s personal belongings and the vehicle in which they were traveling where they found a backpack that contained a notebook with addresses, telephone numbers, email addresses, names of organizations, political viewpoints and activities of the “Popular Revolutionary Command. The Fatherland is First.” The agents called for support and other PFP vehicles and agents arrived, a second search of the vehicle was made and Gerardo Tzompaxtle Tecpile, Jorge Marcial Tzompaxtle Tecpile and Gustavo Robles López were detained without informing them of the grounds for the detention. 26 50. They were taken at 11:30 a.m. to the police station in Río Blanco, State of Veracruz. The agents called the Regional Sub-Delegation of the Center for Investigation and National Security in the State of Guerrero to request its support in the investigation since the confiscated notebook contained the telephone numbers of various persons and activities in that state. The authorities of Guerrero informed that Gerardo and Jorge Tzompaxtle are brothers of the individual known as “Rafael,” an activist in the Popular Revolutionary Army (EPR). 27 51. The victims had to pay the fees of a private doctor who examined them and who noted that they were in good health. Around 7:00 p.m. they were taken to the Public Prosecutor’s Office (hereinafter also ‘the OPP”) of the then Office of the Prosecutor General of the Republic (hereinafter also “PGR”), located in Orizaba, Veracruz. The PGR initiated the preliminary investigation PGR/VER/ORI/04/2006 for the crime of bribery en flagrante. They were held there incommunicado and were not informed of Cf. Secretariat of Public Security. Federal Preventive Police, Police station of Sector 135-XXXI “Orizaba.” Information Services Bulletin No. 043/2006, January 12, 2006 (evidence file, ff. 1 to 5). 25 26 Cf. Judicial Branch of the Federation. Ruling that resolved the appeal regarding the formal pre-trial detention of April 22, 2006, February 16, 2007 (evidence file, f. 22 et seq.). 27 Cf. Secretariat of Public Services. Federal Preventive Police, Police station of Sector 135-XXXI “Orizaba.” Information Services Bulletin No. 043/2006, January 12, 2006 (evidence file, ff. 1 to 5). 15