7
their right to freedom of association; Programa de Derechos Humanos de la
Universidad Iberoamericana (Human Rights Program of the Ibero-American
University),17 regarding the prohibition to assess evidence obtained under torture
and without judicial control; International Forensic Program of Physicians for
Human Rights,18 on the non-compliance with the international requirements
regarding the evidence of sodium rhodizonate; EarthRights International,19 on the
human rights abuses in the context of resistance of communities against extractive
industries and Environmental Defender Law Center,20 on the serious situation of
Mexican environmental defenders, the international acknowledgment of
environmental defenders and the violation of the rights of Messrs. Cabrera and
Montiel.
10.
The public hearing was held on August 26 and 27, 2010 during the LXXXVIII
Regular Sessions of the Court, at the Court’s seat.21 The judges asked various
questions during the hearing and requested evidence to facilitate adjudication of
the case.22
17
The brief was filed on September 10, 2010 by Vanessa Coria Castilla, Sandra Salcedo Gonzalez
and Jose Antonio Ibañez on behalf of the Human Rights Program of the Ibero-American University.
18
The brief was filed on September 9, 2010 by Ronald L. Singer and Stefan Schmitt on behalf of
the International Forensic Program of Physicians for Human Rights.
19
The brief was filed on September 9, 2010 by Jonathan Kaufman and Marco Simons on behalf of
EarthRights International.
20
The brief was filed on August 12, 2010 by Nicholas Hesterberg on behalf of the Environmental
Defender Law Center.
21
To this hearing, there appeared: a) on behalf of the Inter-American Commission: Rodrigo
Escobar Gil, Commissioner; Karla Quintana Osuna, legal advisor, and Silvia Serrano Guzmán, legal
advisor; b) on behalf of the representatives: Luis Arriaga Valenzuela, S.J. Centro Prodh, Stephanie Erin
Brewer and Jaqueline Sáenz Andujo, from Centro Prodh; Alejandra Nuño, Agustín Martin, Luis Carlos
Buob, Gisela De León and Marcia Aguiluz, from CEJIL and c) on behalf of the State: Minister Alejandro
Negrín Muñoz, Director General of Human Rights and Democracy of the Foreign Affairs Secretariat;
Ambassador Zadalinda González y Reynero, State Agent and Ambassador of Mexico in Costa Rica; Mrs.
Yéssica De Lamadrid Téllez, Director General for International Cooperation of the Juridical UnderSecretariat and International Affairs of the Attorney General’s Office; Mr. Carlos Garduño Salinas,
Assistant Director General for Cases of the Unity for the Defense and Promotion of Human Rights of the
Secretariat of the Interior; Brigade General J.M. and Mr. Rogelio Rodríguez Correa, Subdirector of
International Affairs of the General Direction of Human Rights of the National Defense Secretariat; Mr.
José Ignacio Martín del Campo Covarrubias, Director of the International Litigation Area in Human
Rights of the Foreign Affairs Secretariat; Mr. David Ricardo Uribe González, Subdirector of the
International Litigation Area in Human Rights of the Foreign Affairs Secretariat; Mr. Enrique Paredes
Frías, Subdirector of International Litigation Area in Human Rights of the Foreign Affairs Secretariat; Mr.
Luis Manuel Jardón Piña, Head of the Litigation Department of the Legal Advisory Department of the
Foreign Affairs Secretariat; and Mr. Rafael Barceló Durazo, Diplomatic Attaché for Political and Human
Rights Affairs of the Embassy of Mexico in Costa Rica.
22
On September 13, 2010, following the full Court’s instructions, the Secretariat forwarded a
communication to all the parties in which it indicated some of the questions made by the Judges of the
Tribunal at the public hearing, dealing with: i) The presence of the Armed Forces in Guerrero: a) the
existence of an express, well-grounded and reasoned request of the civil authorities for the military
forces to intervene in the scene of the facts and b) further information about the jurisprudence of the
Supreme Court of Justice of Mexico in relation to the participation of the Armed Forces in matters of
public security; ii) the detention of the alleged victims: c) the legal framework governing the
competence of the military authorities to arrest and/or detain civilians, d) a detailed description of the
facts since the detention of Messrs. Montiel Flores and Cabrera García until they were brought before a
judge or a competent authority, explaining if applicable, the excess of time in reasonable terms, and e)
information and evidence about the alleged flyers that the alleged victims were distributing and the
activities they were allegedly carrying out on the day of their detention; iii) The alleged arms seized
from the alleged victims at the time of their detention: f) minutes of the rising up in arms when Messrs.
Cabrera García and Montiel Flores were detained, the type of arms found and their exact number, the
final judicial decisions regarding the responsibility of the alleged victims for holding such arms and which
arms gave rise to an advance of the corresponding criminal investigation. In case of contradictions in
some minutes, specific motions about them, g) information about the Mexican legislation on the
classification of weapons in terms of how dangerous they are for public security, h) information about
the validity and skill of the sodium rhodizonate test to evidence the use or manipulation of weapons, i)
information and motions on the alleged contradictions resulting from the sodium rhodizonate test in this