61. In December 1993, two naval messages were issued by the Commander General of the Navy (COGMAR) to the Commander of Naval Operations (COOPNA CDO), who was also the Judge Advocate of the First Naval Zone. The first message read: “URGENTLY ORDERS THE EXAMINING MAGISTRATE OF PRIZON TO FORWARD THE JUDGE’S DELIVERY-RECEPTION RECORDS AND CERTIFICATION DELIVERED TO EX. CPCB-IM VICENTE GRIJALVA” (capitalization of the original), where it states that “there are no grounds for initiating criminal proceedings” against Mr. Grijalva Bueno. The second message, in response, also sent in December 1993, states “ORDER EXECUTED – BT” (capitals in the original).46 62. The investigation stage lasted approximately six months, until June 13, 1994. The judge of the First Naval Zone decided to open a military criminal trial against Mr. Grijalva Bueno “for crimes against the military faith,”47 agreeing with the criterion of the Resolution of the Council of Senior Officers to place him on paid leave.48 63. On June 15, 1994, the military criminal judge of the First Naval Zone issued an order to initiate proceedings and ordered the preliminary investigation to be opened against the aforementioned accused, summoning them for certain investigative procedures, such as the taking of statements from various persons.49 In addition, the judge ordered the provisional detention of Mr. Grijalva Bueno based on Article 25 of the Code of Military Criminal Procedure.50 64. On August 19, 1994,51 Mr. Grijalva Bueno and another defendant asked the military criminal judge to set the amount of bail in accordance with Article 180 of the ordinary Code of Criminal Procedure.52 On November 29, 1994, the judge of the First Naval Zone “rescinded the detention order” against both defendants upon receipt of the surety.53 65. On July 5, 1995, Mr. Grijalva Bueno gave “investigative testimony” before the military court of the First Naval Zone in which he denied the charges made against him in the court order to initiate an investigation and presented evidence in his defense.54 Cf. Naval messages December 1993 (evidence file, folios 636 to 637). At the time of the facts, crimes against the military faith were defined in the Military Criminal Code, in Articles 147 to 158. Cf. Military Court of the First Naval Zone, brief of August 19, 1994, Mr. Grijalva Bueno and JS requesting bail (evidence file, folios 4370 to 4371). 48 Cf. Military Criminal Court of the First Naval Zone, order of June 13, 1994 (evidence file folios 4363 to 4368). 49 Cf. Preliminary order of the Military Court of the First Naval Zone issued on June 15, 1994 (evidence file, folios 4823 to 4825). 50 Code of Military Criminal Procedure, Official Register, Supplement 356 of November 6, 1961, Art. 25.- “Once the existence of the corpus delicti or of a fact that presents the characteristics of the offense under investigation is proven, or if there are indications or presumptions to consider someone as author, accomplice or accessory, his arrest shall be ordered.” (evidence file, folios 4924 to 4946). 51 Cf. Military Court of the First Naval Zone, brief of Mr. Grijalva Bueno and JS requesting bail, dated August 19, 1994 (evidence file, folios 4370 to 4371). 52 Code of Criminal Procedure, Official Record 511 of June 10, 1983, Art. 180.- “In proceedings involving crimes punishable by imprisonment, a pretrial detention order shall not be issued, or the one issued shall be revoked, when the accused or the defendant provides a surety to the satisfaction of the competent judge, which may consist of a bond, pledge or mortgage.” (evidence file, folios 4948 to 5008). 53 Cf. Court of law of the First Naval Zone, order of November 29, 1994 (evidence file, folio 4375). 54 Cf. Testimony of Aníbal Vicente Grijalva Bueno before the Military Court of the First Naval Zone of July 5, 1995 (evidence file, folios 4377 to 4385). 46 47 18