27
58.2.36 On June 30, 2000, Ms. Bessie Dodd-Burke filed for an
amparo appeal hearing against the Distrito Federal Penal District Judge
in Office against the June 06, 2000, decision (supra para. 58.2.34),
relative to the disagreement stated, which confirmed non exercise of
penal action in preliminary investigation SC/3839/95-03.
58.2.37 On October 11, 2000, in the course of its 108th Regular
Session, the Inter-American Commission held a public hearing which
was attended by the petitioners and the State.
58.2.38 On October 10, 2001, the Inter-American Commission
approved Admissibility Report number 81/01.
58.2.39 On February 14, 2002, the Distrito Federal Fourteenth
District Court for Federal Penal Procedures dismissed the amparo
appeal hearing filed by Ms. Bessie Dodd-Burke. Said court felt that
“the negative attitude shown by the complainant justifies the non
applicability hypothesis since non publication of the notices intended to
involve […] third parties affected, […] makes it impossible to certify full
compliance with the constitutional procedural requirement and,
therefore, in the absence of justification for such omission, it must be
understood that there is no interest on her part to pursue these
protection proceedings and that the omission on her part tends to
prevent the possibility of prejudice in this matter.”
58.2.40 On September 27, 2002, Mr. Martín-del-Campo requested
the reopening of preliminary investigation SC/3839/95-03, to which
effect he provided a medical psychological diagnosis from an
examination made on July 05, 2002, by Messrs. Fernando Alejandro
Valadez-Pérez and Javier Enrique Sam as new evidence. In the results
of this examination it was concluded that “the different symptoms
shown by the individual examined: severe anxiety and depression,
recurrence of the events, hypervigilance and avoidance […] are corelated with extreme stress situations and the sensation of loss of
life[…] caused by torture, and cruel, inhuman and degrading
treatment. Also with the physical injuries shown and the blows on his
face, neck and body which he suffered.”
58.2.41 On October 22, 2002, the Inter-American Commission
approved Merits Report number 63/02.
58.2.42 On December 26, 2002, the Office of the Deputy Prosecutor
for Central Preliminary Investigations of the Distrito Federal Office of
the Attorney General ordered the reopening of preliminary
investigation SC/3839/95-03 because, among other things, of the
submission of the medical psychological examination performed on the
alleged victim on July 05, 2002.
58.2.43 On December 30, 2002, the State replied to the
recommendations in the Commission’s Merits Report number 63/02.