26 66. To determine whether there was a breach of article 7,59 in relation to article 60 1(1) of the American Convention, the Court shall explain in detail, in the following chapters, the controversies between the parties and the procedures taken in the proceedings related to the instant case. However, as a general introduction, the following aspects shall be explained: 1.1) non-disputed facts related to the arrest of the alleged victims; 1.2) the criminal judicial proceeding that led to the conviction of the alleged victims; 1.3) the applications for amparo relief filed by Messrs. Cabrera and Montiel, and 1.4) the actions of the military courts and the National Commission on Human Rights regarding the allegations of possible torture. 1.1. Non-disputed facts related to the arrest of Messrs. Cabrera and Montiel 67. On May 2, 1999, Mr. Montiel Flores was outside the house of Mr. Cabrera García, together with him and with three other people, as well as his wife and daughter,61 in the community of Pizotla, Municipality of Ajuchitlán del Progreso, state of Guerrero. That same day, at around 9:30 A.M., approximately 40 soldiers of the 40th Infantry Battalion of the Mexican Army entered the community, within the framework of an operation against drug trafficking,62 which verified information regarding a gang pointed out as “gavilla,”63 allegedly led by Ramiro “N” and Eduardo García Santana.64 In this context, a shot coming from one of the soldier’s guns hit Mr. Salomé Sánchez, who died immediately.65 Messrs. Cabrera and Montiel 59 In its pertinent part, article 7 (Right to Personal Liberty) of the Convention provides that: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. […] 60 According to Article 1.1 (Obligation to Respect the Rights) of the Convention, “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 61 Cfr. Testimony delivered before the Fifth District Judge on October 26, 1999, by Cresencia Jaimes (Criminal Case 61/99) (record of annexes to the answer to the application, volume XXIV, folio 10244); Testimony of Ms. Ubalda Cortés Salgado rendered before the Fifth District Judge, dated July 30, 1999 (Criminal Case 61/99) (record of annexes to the answer to the application, volume XXIV, folio 10071) and confrontation hearing of Messrs. Cabrera and Montiel with one of the military officers who filed the complaint against him on August 26, 1999 (Criminal Case 61/99) (record of annexes to the answer to the application, volume XXIV, folio 10128). 62 Cf. Brief of the petition of May 3, 1999, filed by the Human Rights Commission of the Chamber of Members of Parliament by the Police Chief of the town of Pizotla (record of annexes to the application, volume V, folio 1577). 63 “Gavilla” is a term used in some reports in the case file to refer to a suspected criminal gang. Cf. Message sent by Brigadier General in Altamirano on May 2, 1999 (record of annexes to the application, volume X, folio 4024). 64 Cf. Message sent by Brigadier General in Altamirano, supra note 63, folio 4024.