disagreement with the State’s request that the Commission ratify that agreement
because, in their opinion, it obeys national parameters alone.
28.
The petitioners state that other cases involving military violence
against the residents of Baborigame have come to the attention of the InterAmerican Commission, including the murder of Valentín Carrillo Saldaña, who was
abducted and executed by a platoon of soldiers in 1996.6 Accordingly, precedents
of violence and abuse against the local residents exist, as a result of the increased
military presence.7 The petitioners ask that the IACHR proceed to adopt the report
on admissibility.8
B.
The State
29.
The State claims that on the day the incident occurred, the army
personnel involved were acting under the Federal Law of Firearms, Explosives, and
Permanent Anti-Drug Trafficking Efforts: in other words, they were on active duty.
30.
The State claims that preliminary investigation 23/98 and criminal
proceeding 3779/98 indicate that on the day in question, the soldiers stopped a
pick-up truck on the streets of Baborigame, Guadalupe y Calvo municipality, in the
Mexican state of Chihuahua, on August 22, 1998; that three civilians got out; and
that as Mirey Trueba descended from the vehicle, he apparently dropped a
firearm, quickly picked it up again, and hurried away from the area, shouting,
“Don’t follow me or I’ll shoot,” on account of which infantry Lt. Col. Luis Raúl
Morales Rodríguez discharged his service weapon.
31.
The State claims that according to the crime report, Mirey Trueba’s
death was due to an accident, since the soldier’s shots were not aimed at a target:
the lieutenant colonel’s defense counsel adds that as it was dark, Morales
Rodríguez could not see the alleged victim and so fired without having a specific
mark.9
32.
Regarding medical assistance, the State indicates that when the
emergency services arrived on the scene, Mirey Trueba was taken in an
ambulance to the local clinic in Baborigame, Chihuahua, but died en route.
6 Friendly Settlement Report No. 107/00, Case 11.808, Valentín Carrillo Saldaña, Mexico,
December 4, 2000.
7 Communication from the petitioners dated December 17, received by the IACHR Executive
Secretariat on December 20, 2004.
8 Petitioners’ communication of September 21, 2006.
9 Communication from the State of August 23, 2004, received at the Executive Secretary of the
IACHR on August 24, 2004.
7