organized crime. 60 This request was granted by the Fifth Criminal Judge, based on the written information provided by the Public Prosecutor’s Office, from which he extracted certain indications of the probable responsibility of Daniel García. 61 On April 10, 2002, the order was notified to the Public Prosecutor’s Office 62 and was executed by transferring Daniel García to a Preventive and Social Re-adaptation Center. 63 71. On April 11, 2002, Daniel García was presented for the first time before the Fifth Criminal Judge make a preliminary statement. 64 The judge informed him that he was “not entitled to obtain provisional release on bail, since the crime for which [he] is being detained […] is classified as serious by the Criminal Code in force.” 65 A defense attorney was appointed and he was informed of the reasons for his arrest and the crimes of which he was accused. 66 That day, Daniel García stated that, when his arraigo was ordered, and during its application, he was not informed of the crimes for which he was being investigated, nor did he have a lawyer when he made a statement before the Public Prosecutor’s Office. He also denounced that he had been arrested by deception, detained by force and under threat, both by agents of the judicial police and by the Deputy Prosecutor R.F., who allegedly conditioned his release to the signing of prefabricated statements that incriminated a Senator and the Municipal President. He indicated that when he refused to sign these documents, he was threatened and told that he and his family would be accused. He also stated that his wife received calls to convince him to sign so that his daughters would not have “physical problems.” His defense attorney challenged the legality of the deprivation of liberty. 67 72. On April 11, 2002, the Public Prosecutor’s Office requested certification of physical injuries and the private defense attorney requested an examination to confirm psychological violence. Both requests were denied by the Fifth Criminal Judge, who did not consider them to be relevant evidence and instead ordered that the medical certificate of admission to the prison be sent. The defense requested that the Deputy Prosecutor be summoned to testify, but the Fifth Criminal Judge refused to admit such evidence because there was no proof “that would confirm […] the assertions made by the accused,” and stated that “the investigative actions are covered by the prerogative of having been carried out by a public authority,” and therefore they “are reliable unless there is evidence to the contrary.” 68 60 Cf. Arrest warrant. Fifth Criminal Judge of First Instance of the Judicial District Tlalnepantla, state of Mexico, April 8, 2002, “Arrest warrant for Daniel García” (evidence file folios 11 to 378). Cf. Notification of arrest warrant, Daniel García (evidence file, folio 691 to 693); Arrest Warrant. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 10, 2002 (evidence file, folio 6995), and Admission Card to the Preventive and Social Readaptation Center, Tlalnepantla, Mexico. April 10, 2002 (evidence file, folio 697). 61 Cf. Arrest warrant, Daniel García (evidence file, folios 10 to 378); Notification of arrest warrant. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 10, 2002. Official letter No: 530 (“Notification of Arrest Warrant Daniel García”) (evidence file 691 to 693). 62 Cf. Notification of arrest warrant Daniel García, (evidence file, folio 691 to 693); Notification of detention. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 10, 2002 , (evidence file, folio 695), and Admission Card to the Preventive and Social Readaptation Center, Tlalnepantla, Mexico. April 10, 2002. (evidence file, folio 697). 63 64 Cf. First hearing and preliminary statement of Daniel García, April 11, 2002 (evidence file folios 583 to 601). 65 Cf. Preliminary statement of Daniel García Rodríguez. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 11, 2002 (evidence file folios 583 to 601). 66 Cf. Preliminary statement of Daniel García Rodríguez. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 11, 2002 (evidence file folios 583 to 601). 67 Cf. Preliminary statement of Daniel García Rodríguez. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 11, 2002 (evidence file folios 583 to 601). 68 Cf. Preliminary statement of Daniel García Rodríguez. Fifth Criminal Court of First Instance of the Judicial District of Tlalnepantla, state of Mexico, April 11, 2002 (evidence file folios 583 to 601). -20-