together with their final written arguments and the receipts related to the litigation of this case before this Court, insofar as they refer to costs and expenses. 48 Furthermore, the Court admits the supervening evidence submitted by the State together with its final written arguments. 49 Finally, the Court admits the supervening evidence submitted by the representatives in relation to the first instance conviction of May 12, 2022 against the alleged victims. 50 VII. FACTS 49. In this chapter, the Court will establish the facts that will be considered proven in this case, in accordance with the body of evidence that has been admitted and the factual framework established in the Merits Report. It will also include facts presented by the parties that explain, clarify or reject said factual framework. These will be presented in the following order: a) the relevant regulatory framework; b) regarding Daniel García Rodríguez and Reyes Alpízar Ortiz; c) arrest, arraigo and formal order of imprisonment against Daniel García Rodríguez; d) arrest, arraigo and formal order of imprisonment against Reyes Alpízar Ortiz; e) criminal proceedings and pretrial detention of Daniel García Rodríguez and Reyes Alpízar Ortiz, and f) alleged acts of torture suffered by Reyes Alpízar Ortiz and Daniel García Rodríguez. A. Relevant regulatory framework 50. The instant case analyzes two concepts provided for in Mexican law: arraigo and preventive or pretrial detention. 51. The concept of arraigo was contemplated in the 2000 Code of Criminal Procedure for the state of Mexico. This concept was normatively modified and, as of 2008, was incorporated into the Mexican Constitution (infra para. 54). 52. At the time when the facts of this case took place, in 2002, the concept of preventive detention was regulated in the Mexican Constitution and the 2000 Code of Criminal Procedure for They submitted the following documents: 1) copies of accommodation vouchers, 2) copies of receipts for the purchase of airline tickets, 3) copies of receipts for land transportation (taxis), and 4) copies of receipts for food expenses (evidence file, folios 70359 et seq.). 48 49 The following documents were submitted: 1) medical certificates of Daniel García Rodríguez; 2) receipts for electricity services and drinking water of the Tlalnepantla Penitentiary and Social Reinsertion Center; 3) breakdown of budget items of the Tlalnepantla Penitentiary and Social Reinsertion Center (2017-2022); 4) service contract with a private company in charge of providing food to persons deprived of liberty in prisons of the state of Mexico; 5) photographs of food preparation inside the Tlalnepantla Penitentiary and Social Reinsertion Center; 6) photographs of the installation and supply of drinking water to the Tlalnepantla Penitentiary and Social Reinsertion Center; 7) photographs of delivery of toiletries, tennis shoes and blankets to persons deprived of liberty in the Tlalnepantla Penitentiary and Social Reinsertion Center; 8) Cooperation Agreement for available Specialty and Emergency Medical and Surgical Care, signed by the General Directorate of Prevention and Social Reinsertion with the Institute of Health of the State of Mexico; 9) leaflet listing permitted and prohibited objects, articles and food for entry to prisons in the State of Mexico; 10) photographs of social gatherings for “dropout prevention” purposes, Tlalnepantla Penitentiary and Social Reinsertion Center for persons deprived of liberty; 12) report of the social work department of the of the Tlalnepantla Penitentiary and Social Reinsertion Center regarding family and conjugal visits to Mr. Daniel García Rodríguez; 13) report of the psychology department of the Tlalnepantla Penitentiary and Social Reinsertion Center regarding his refusal to participate in the activities of said department; 14) photographs and statistical report regarding self-employment and unpaid activities at the Tlalnepantla Penitentiary and Social Reinsertion Center; 15) statistical report on the Change of Precautionary Measure issued by FECOR. (2018-2022); 16) shorthand version of the Regular Public Session of the Plenary of the Supreme Court of Justice of the Nation (hereinafter SCJN), held on Monday, September 5, 2022; 17) shorthand version of the Regular Public Session of the Plenary of the SCJN, held on Tuesday, September 6, 2022; 18) shorthand version of the Regular Public Session of the Plenary of the SCJN, held on Thursday, September 8, 2022; 19) amendments to Article 19 of the Constitution regarding mandatory pretrial detention, and 20) amendments to Article 20 of the Constitution regarding mandatory pretrial detention (evidence file, folios 71351 et seq.). 50 Cf. Judgment of May 12, 2022 (evidence file, folios 70367 et seq.). -15-

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