28 and of the crime against health through the cultivation of marihuana.76 Mr. Cabrera García was convicted of the crime of carrying a firearm of the exclusive use of the Army, Navy, and Air Force.77 After filing the motions of appeal, on October 26, 2000 the First Unitary Court of the Twenty-First Circuit (hereinafter “the First Unitary Court”) upheld the convictions of Messrs. Cabrera and Montiel.78 In the year 2001, they were released and confined to house arrest in order to continue serving the sentence, due to their health conditions (infra para. 117). 1.3. Applications for amparo relief filed by Messrs. Cabrera and Montiel against the decision of the First Unitary Tribunal 71. On March 9, 2001, the alleged victims filed an application for amparo relief before the Second Collegiate Court of the Twenty-First Circuit (hereinafter “the Second Collegiate Court”), with the goal of challenging the decision adopted by the First Unitary Court.79 In this petition, among the different arguments set forth by the representatives, it was claimed that the appeal judgment did not take into account a medical report that concluded the existence of torture against Messrs. Cabrera and Montiel. This medical report was issued by the forensic experts Christian Tramsen and Morris Tidball-Binz, by order of the Danish section of the organization “Physicians for Human Rights – Denmark.”80 72. On May 9, 2001, the Second Collegiate Court granted the appeal (amparo), and ordered the First Unitary Court to issue a new appeal judgment that admitted said expert evidence offered by the legal counsel.81 On July 16, 2001, after assessing said item of evidence, the judicial body upheld the condemnatory judgment of the Fifth District Judge against Messrs. Cabrera and Montiel.82 On 76 The crimes of possession of firearms without a permit and possession of firearms for the exclusive use of the Navy, Army and National Air Force are stipulated in articles 81 and 83, section II of the Firearms and Explosives Federal Act, respectively. According to said norm, the penalty for any person who carries a firearm without the proper permit shall be of imprisonment "for three to ten years.” Moreover, article 198 of the Federal Criminal Code refers to the crime of cultivation of poppies and marihuana in the following terms: “Article 198.- Anyone whose principal farming activity is the planting, cultivation or harvesting of marijuana, poppies, hallucinogenic mushrooms, peyote or any other plant that produces similar effects and who does so on his own or -because he is someone with little education and of very modest means- does so with funding from third parties, shall face a sentence of imprisonment for a period of one to six years. Anyone of similar circumstance, who allows land he owns, is a tenant on, or holds to be used to plant, cultivate or harvest those plants shall face the same penalty. If the conduct described in the preceding two paragraphs is not attended by the circumstances specified therein, the penalty shall be up to two thirds of the penalty stipulated in Article 194, provided the planting, cultivation or harvesting is for the purpose of engaging in any of the conduct provided for in subparagraphs I and II of that article. Absent that purpose, the penalty shall be two to eight years in prison […]..” 77 Cf. Judgment handed down on August 28, 2000 by the Fifth District Court, supra note 75, folio 11300. 78 Cf. Judgment handed down on October 26, 2000 by the First Unitary Court of the Twenty-First Circuit (Docket number 406/2000) (record of annexes to the answer to the application, volume XXVI, folios 11322 to volume XXVII, folio 12205). 79 Cf. Complaint of direct amparo [“relief”] of March 9, 2001 (Criminal Amparo [“relief”] 117/2001) (record of annexes to the answer to the application, volume XXVII, folios 12243 to 12471). 80 Cf. Complaint of direct amparo [“relief”] of March 9, 2001, supra note 79, folio 12440. 81 Cf. Ruling of direct amparo [“relief”] issued on May 9, 2001 by the Second Collegiate Court of the Twenty-First Circuit (Criminal amparo [“relief”] 117/2001) (record of annexes to the answer to the application, volume XXVIII, folios 12496 to 12961). 82 Cf. Judgment handed down on July 16, 2001 by the First Unitary Court of the Twenty-First Circuit (Criminal Docket Number 406/2000) (record of annexes to the answer to the application, volume XXVIII, folio 13022 to volume XXIX, folio 13733).