9
access to all judicial and administrative remedies provided by the Mexican legal
system for the defence of his rights” and that all of these proceedings have
determined his having responsibility in these events. Lastly, the State informed that
the Distrito Federal Attorney General’s Office ordered the reopening of preliminary
investigation SC/3839/95-03 “for alleged untruthfulness on the part of Mr. Sotero
Galván-Gutiérrez, in statements concerning torture [allegedly] applied against Mr.
Alfonso Martín-del-Campo.”
29.
On March 22, 2002, the Lawyers Committee for Human Rights submitted a
notice announcing its withdrawal, as claimant, from the case.
30.
On October 18, 2002, the Commission, at the request of the State, held a
hearing on the merits of the case. On this occasion both, the claimants and the
State reiterated their arguments on the questions of law and fact which had been
maintained during the processing of the case, especially in communications that
contain the respective observation on the merits.
31.
On October 22, 2002, the Inter-American Commission approved Report No.
63/02 on the merits of the case, in conformity with Article 50 of the American
Convention. The Commission concluded that:
The facts established in [said] report constitute violations of Articles 5, 7, 8(1), 8(2),
8(3) and 25 of the American Convention, as well as of articles 6, 8 and 10 of the InterAmerican Convention to [P]revent and [P]unish [T]orture; all in violation of the
observance and assurance duty enshrined in Article 1(1) of the American Convention.
In turn, the Commission recommended to the State:
1.
To encourage measures pertinent to annul the confession obtained under
torture at the facilities of the [Office of the Distrito Federal Attorney General] on May 30,
1992, and all proceedings associated therewith; to revise the entire judicial proceedings
conducted against the victim in the instant case; and to order immediately the release
of Alfonso Martín-del-Campo-Dodd pending the substantiation of such measures.
2.
To carry out a complete, impartial and effective investigation to determine the
responsibility attributable to all perpetrators of human rights violations against Alfonso
Martín-del-Campo-Dodd.
3.
To provide adequate reparation to Alfonso Martín-del-Campo-Dodd for the
violations of human rights […] established.
32.
On October 30, 2002, the Inter-American Commission transmitted to the
State the report on the merits of the case, and granted a term of two months for it
to inform about the measures adopted in compliance with the recommendations
made. In turn, the Commission informed the claimants that same day about the
issuance of Report No. 63/02 and asked them, pursuant to Article 43(3) of the Rules
of Procedure of the Commission, to submit their comments about the submission of
the case to the Inter-American Court within one month’s time. On November 28,
2002, the claimants requested a fifteen-day extension of said term, which was
granted by the Commission.
On December 03, 2002, the Inter-American
Commission transmitted ex officio to the claimants as confidential materials certain
considerations laid out in Report No. 63/02 on the merits of the case.
33.
On December 21, 2002, the claimants submitted their comments on the
submission of the case to the Court.