20
58.1.30 On March 19, 2001, Mr. Alfonso Martín-del-Campo filed an
indirect amparo appeal motion against the April 29, 1999, decision
whereby the recognition of innocence remedy filed with the Office of
the Common Parties Officer of the District Courts for Penal Civil Rights
Protection of the Distrito Federal, which was in turn transferred to the
Sixth Penal Civil Rights Protection Court of the Distrito Federal.
58.1.31 On April 16, 2002, the Sixth Penal Civil Rights Protection
Court of Distrito Federal decided to dismiss the amparo appeal motion
filed by Mr. Martín-del-Campo, when the provision on non applicability
provided for in section XII of Article 73 of the Law on Civil Rights
Protection, which establishes that the motion amparo appeal hearing
shall be non applicable against acts tacitly consented, such acts being
understood as those against which no protection action is brought
within the terms established in articles 21, 22, and 218 of that Law.
58.1.32 On May 03, 2001, Mr. Martín-del-Campo filed a revision
remedy with the Sixth Penal Civil Rights Protection Court of Distrito
Federal against its April 16, 2001, decision. On September 03, 2001,
the Fourth Penal Court of Distrito Federal First Circuit confirmed the
judgment subject to review and dismissed the amparo appeal motion.
58.1.33 On October 10, 2001, the Inter-American Commission
approved the Non Admissibility Report No. 81/01.
58.1.34 On October 22, 2002, the Inter-American Commission
approved Report No. 63/02 on the Merits.
58.1.35 On December 30, 2002, the State replied on the
Commission’s recommendations in Report No. 63/02 on the Merits.
58.1.36 On January 30, 2003, the Commission submitted the case
to the Court.
58.2 Concerning the previously-mentioned preliminary investigation
10ª/2160/92-05 and preliminary investigation SC/3839/95-03 started by the
Prosecutorial Agency for abuse of authority, corruption and offences against
the administration of justice committed by public servants, and for the
offence of torture against Mr. Alfonso Martín-del-Campo:
58.2.1
On January 27, 1993, the National Human Rights
Commission informed the Office of the General Supervisor for the
Defence of Human Rights of the Distrito Federal Office of the Attorney
General, that on January 06, 1993, Mr. Alfonso Martín-del-Campo-dela-Peña, the father of the alleged victim, filed a complaint on the penal
proceedings conducted against his son, and denounced that he was
stricken and tortured so as to force him to declare himself guilty of the
homicide of Juana Patricia Martín-del-Campo-Dodd and Gerardo
Zamudio-Aldaba. The National Human Rights Commission asked him
to submit a report relative to the facts on his complaint.
58.2.2
On March 24, 1993, the National Human Rights Commission
reiterated the request to the Office of the Supervisor General for the