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58.2.14 On January 12, 1998, Ms. Bessie Dodd-Burke appeared
before the Office of the Attorney General of Distrito Federal in her
capacity as complainant, to depose concerning the facts under
investigation. During these proceedings she expressed again her
disagreement “against the August 01, 1997 proposal for non
application of penal action.”
58.2.15 On March 04, 1998, the General Directorate for the
Investigation of Offences Against the Safety of Persons, Institutions
and Justice Administration of the Distrito Federal Office of the Attorney
General, decided, with respect to preliminary investigation
SC/3839/95-03, to revoke in its entirety the resolution towards non
application of penal action issued on August 01, 1997, since it
considered that it was not correctly founded and justified, and further
ordered that “once [the revocation is] consummated, a determination
is to be made as to what would be applicable according to law.”
58.2.16 On May 25, 1998, the Office of Deputy Prosecutor “A” for
Penal Procedures of the General Directorate for the Investigation of
Offences Against the Safety of Persons, Institutions and Justice
Administration of the Distrito Federal Office of the Attorney General,
reformulated the consultation towards non application of penal action
in preliminary investigation SC/3839/95-03, since “there are not
sufficient convincing elements to bring penal action.” For this reason it
ordered the transfer of the proceedings to the General Directorate for
the Investigation of Offences Against the Safety of Persons,
Institutions and Justice Administration of the Distrito Federal Office of
the Attorney General.
58.2.17 On July 02, 1998, Ms. Bessie Dodd-Burke submitted a note
of disagreement regarding the May 25, 1998, decision on non
application of penal action in preliminary investigation SC/3839/95-03,
since she was not allowed sufficient time to obtain an extension from
her witnesses and provide proof of the offence denounced.
58.2.18 On July 13, 1998, Mr. Alfonso Martín-del-Campo denounced
the facts before the Inter-American Commission.
58.2.19 On July 22, 1998, the General Directorate for the
Investigation of Offences Against the Safety of Persons, Institutions
and Justice Administration of the Distrito Federal Office of the Attorney
General, confirmed the non application of penal action decision of May
25, 1998 in the preliminary investigation SC/3839/95-03. In this
respect it pointed out that it “complied with the orders […] of the
March 12, 1998 decision, the consultation on non application of the
penal action as proposed having been found to be duly founded and
justified […].
Indeed, the different allegations made by the
complainants Alfonso Martín-del-Campo, and Bessie Dodd-Burke
against the public servants [denounced] were not confirmed with any
piece of evidence whatsoever which could substantiate them, there
having been stated, in the opposite sense, the denial of those probably
responsible parties and the facts in the […] record themselves, no
proof having been found, therefore, of the elements that would