37 125. The bus was stopped at a second military checkpoint located “at the entrance of the Cuauhtémoc Colony [between] Cacalutla and Alcholoa.” The soldiers asked the passengers to get off the bus so they could check it inside. After the revision, the soldiers informed the passengers they could get on the bus again, except for Mr. Rosendo Radilla-Pacheco, who was arrested because “he composed corridos” (supra para. 122). Mr. Radilla-Pacheco stated that was not a crime, however, a soldier responded: “for the meantime you’re screwed.”95 126. Mr. Rosendo Radilla-Pacheco asked the soldiers to let his son, Rosendo Radilla Martínez, go since he was a minor, which the soldiers accepted. At the same time, he asked his son to inform his family that the Mexican Army had arrested him.96 Mr. Radilla-Pacheco “[w]as put at the order of the Military Zone of [Guerrero].”97 127. In this sense, both the National Commission and the Special Prosecutors’ Office considered the case of Mr. Rosendo Radilla-Pacheco as a fully proven forced disappearance. Specifically, the Report made by the Special Prosecutors’ Office refers to Mr. Rosendo Radilla-Pacheco’s arrest at the “[c]heckpoint of the Col. Cuauhtémoc (Chilpancingo), […] on August 25, 1974. The reason argued was because he composed corridos. He continues to be missing.”98 On its part, the National Commission stated that “[m]embers of the Mexican army, attached to the State of Guerrero, incurred, on September 28, 1974 [sic] in the illegal exercise of their position, upon arbitrarily arresting Mr. Rosendo Radilla-Pacheco, who far from being put at the disposal of the immediate authority […] was check[ed] into military installations, being this the last time news was recorded on his whereabouts, reason for which besides the illegal detention, the mentioned military members are considered responsible for [his] disappearance […].”99 128. After his arrest, Mr. Radilla-Pacheco was seen at the Military Barracks of Atoyac de Álvarez with signs of physical abuse. Mr. Maximiliano Nava Martínez testified that: 95 Cf. Statement offered by Mr. Rosendo Radilla Martínez during the public hearing held before the InterAmerican Court on July 7, 2009; statement offered on July 31, 2003 by Mr. Rosendo Radilla Martínez before the Special Prosecutors’ Office for Social and Public Movements of the Past, in Preliminary Inquiry PGR/FEMOSPP/051/2002 (dossier of appendixes to the brief of pleadings and motions, appendix D(19), folio 1899), and Case File CNDH/PDS/95/GRO/S00228.000, Case of Mr. Radilla-Pacheco Rosendo, Civic War Association and Revolutionary League of the South “Emiliano Zapata”, Special Report on the Complaints in Matters of Forced Disappearances Occurred in the Decade of the 70s and Beginning of the 80s (dossier of appendixes to the application, appendix 2, folios 868 through 869, and dossier of appendixes to the brief of pleadings and motions, appendix C, folios 1681 through 1682). 96 Cf. Statement offered by Mr. Rosendo Radilla Martínez during the public hearing held before the InterAmerican Court on July 7, 2009 and statement offered on July 31, 2003 by Mr. Rosendo Radilla Martínez before the Special Prosecutors’ Office for Social and Public Movements of the Past, in Preliminary Inquiry PGR/FEMOSPP/051/2002 (dossier of appendixes to the brief of pleadings and motions, appendix D(19), folio 1899) 97 Cf. Record of the receipt of the document and authenticity of documents. A.P. PGR/FEMOSPP/033/2002 (dossier of appendixes to the brief of pleadings and motions, appendix D(14), folios 1875 through 1877), and document of the Secretariat of the Interior identified as “D.F.S.-8-VIII-75”, included in Preliminary Inquiry PGR/FEMOSPP/033/2002 (dossier of appendixes to the brief of pleadings and motions, appendix D(14), folios 1881). 98 Cf. Historial Report for the Mexican Society, Special Prosecutors’ Office for Social and Political Movements of the Past, Attorney General of the Republic, 2006 (dossier of appendixes to the application, appendix 4, page 640). 99 Cf. File CNDH/PDS/95/GRO/S00228.000, Case of Mr. Radilla-Pacheco Rosendo, Civic War Association and Revolutionary League of the South “Emiliano Zapata”, Special Report on Complaints in Matters of Forced Disappearances Occurred in the Decade of the 70s and Beginning of the 80s (dossier of appendixes to the application, appendix 2, folio 869 and dossier of appendixes to the brief of pleadings and motions, appendix C, folio 1682).

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