29 October 24, 2001 the legal counsel of Messrs. Montiel and Cabrera filed a new application for direct amparo relief against this judgment.83 73. On August 14, 2002, the Second Collegiate Court decided on this amparo, and disallowed it in relation to Mr. Cabrera García.84 Regarding Mr. Montiel Flores, it turned down the amparo with regard to the alleged irregularities in the conviction for carrying a firearm; therefore, the conviction became final. However, said Collegiate Court ordered “to determine that the evidence provided to the competent court was insufficient and ineffective to confirm the elements of the crime” of cultivation of marihuana and of carrying forbidden firearms without a permit, namely, a rifle.85 1.4. Investigation initiated due to the claims regarding acts of torture against the alleged victims. Actions of the Military Courts and of the National Commission on Human Rights 74. On August 26, 1999, within the framework of the criminal proceedings conducted against Messrs. Cabrera and Montiel, their legal counsel requested the Fifth District Judge to order the Public Prosecutor’s Office to investigate the allegations of torture, solitary confinement and unlawful detention to which they were subjected at the army’s facilities.86 As a result of this request, on August 31, 1999, the Fifth District Judge ordered the Public Prosecutor’s Office to investigate the facts denounced.87 On October 1, 1999, the Federal Public Prosecutor’s Office of Coyuca de Catalán, state of Guerrero, initiated the Preliminary Inquiry for the claims submitted by Messrs. Cabrera and Montiel.88 On November 5, 1999, the Attorney General’s Office of the Republic (hereinafter, the “PGR”) declared its lack of jurisdiction to investigate the crime of torture and transferred jurisdiction to the Attorney General’s Office of Military Justice (hereinafter “PGJM”),89 claiming that those potentially responsible were soldiers acting in service.90 On June 13, 2000, the Attorney General’s Office of Military Justice solved the inquiry into torture under “writ of secrecy of file,” based on the military investigator’s opinion that there were no elements to prove torture.91 75. Parallel to the above, on May 14, 1999 Messrs. Cabrera and Montiel submitted a brief of complaint in relation to the facts of the instant case before the 83 Cf. Complaint of direct amparo [“relief”] of October 24, 2001 (Criminal amparo [“relief”] 499/2001) (record of annexes to the answer to the application, volume XXIX, folio 13757 to volume XXX, folio 13951). 84 Cf. Ruling issued on August 14, 2002 by the Second Collegiate Court of the Twenty-First Circuit (Criminal amparo [“relief”] 499/2001) (record of annexes to the answer to the application, volume XXX, folios 13974 to 14536). 85 Cf. Judgment of August 14, 2002 issued by the Second Collegiate Tribunal, supra note 84, folios 13974 to 14536. 86 Cf. Constitutional confrontations of August 26, 1999 before the Fifth District Court (Criminal Case 61/99) (record of annexes to the answer to the application, volume XXIV, folios 10157 to 10158). 87 Cf. Court order of August 31, 1999 of the Fifth District Court of the state of Guerrero (Criminal Case 61/99) (record of annexes to the answer to the application, volume XXIV, page 10162). 88 Cf. Court order of October 1, 1999 (Preliminary Inquiry N° 91/CC/99) (record of annexes to the answer to the application, volume XII, folio 4842). 89 "On December 14, 1999 [the Public Prosecutor’s Office of Coyuca Catalán, Guerrero] due to lack of jurisdiction, remitted the case to its military counterpart in zone [35/a] Military Zone.” Cf. CNDH. Recommendation No. 8/2000 of July 14, 2000. Case of the inhabitants of Pizotla Community, municipality of Ajuchitlán del Progreso, Guerrero, and of Messrs. Rodolfo Montiel Flores and Teodoro García Cabrera (record of annexes to the application, volume XX, folios 8434 to 8461). 90 Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folios 8434 to 8461. 91 Cf. CNDH. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folios 8434 to 8461.