27 58.2.36 On June 30, 2000, Ms. Bessie Dodd-Burke filed for an amparo appeal hearing against the Distrito Federal Penal District Judge in Office against the June 06, 2000, decision (supra para. 58.2.34), relative to the disagreement stated, which confirmed non exercise of penal action in preliminary investigation SC/3839/95-03. 58.2.37 On October 11, 2000, in the course of its 108th Regular Session, the Inter-American Commission held a public hearing which was attended by the petitioners and the State. 58.2.38 On October 10, 2001, the Inter-American Commission approved Admissibility Report number 81/01. 58.2.39 On February 14, 2002, the Distrito Federal Fourteenth District Court for Federal Penal Procedures dismissed the amparo appeal hearing filed by Ms. Bessie Dodd-Burke. Said court felt that “the negative attitude shown by the complainant justifies the non applicability hypothesis since non publication of the notices intended to involve […] third parties affected, […] makes it impossible to certify full compliance with the constitutional procedural requirement and, therefore, in the absence of justification for such omission, it must be understood that there is no interest on her part to pursue these protection proceedings and that the omission on her part tends to prevent the possibility of prejudice in this matter.” 58.2.40 On September 27, 2002, Mr. Martín-del-Campo requested the reopening of preliminary investigation SC/3839/95-03, to which effect he provided a medical psychological diagnosis from an examination made on July 05, 2002, by Messrs. Fernando Alejandro Valadez-Pérez and Javier Enrique Sam as new evidence. In the results of this examination it was concluded that “the different symptoms shown by the individual examined: severe anxiety and depression, recurrence of the events, hypervigilance and avoidance […] are corelated with extreme stress situations and the sensation of loss of life[…] caused by torture, and cruel, inhuman and degrading treatment. Also with the physical injuries shown and the blows on his face, neck and body which he suffered.” 58.2.41 On October 22, 2002, the Inter-American Commission approved Merits Report number 63/02. 58.2.42 On December 26, 2002, the Office of the Deputy Prosecutor for Central Preliminary Investigations of the Distrito Federal Office of the Attorney General ordered the reopening of preliminary investigation SC/3839/95-03 because, among other things, of the submission of the medical psychological examination performed on the alleged victim on July 05, 2002. 58.2.43 On December 30, 2002, the State replied to the recommendations in the Commission’s Merits Report number 63/02.

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