28
58.2.44 On January 13, 2003, the Office of the Deputy Prosecutor
for Central Preliminary Investigations of the Distrito Federal Office of
the Attorney General ordered the slating of preliminary investigation
SC/3839/95-03, which was returned from the File and which was
referenced in the Record of Investigation Unit Two at the agency in
charge of the investigation of offences against the administration of
justice of said institution for the pertinent legal purposes.
58.2.45 On January 30, 2003, the Inter-American Commission
submitted this case to the consideration of the Court..
58.2.46 On March 17 and 24, 2003, Messrs Javier Enríquez-Sam and
Fernando Alejandro Valadez-Pérez, appeared, respectively, before the
Office of the Attorney General of Distrito Federal to depose concerning
their July 05, 2002 report on their examination of Mr. Martín-delCampo. On July 15, 2003, the cited experts appeared again before
the Distrito Federal Office of the Attorney General and showed the
documents that had been analysed for the preparation of the cited
psychological diagnosis.
58.2.47 On April 17, 2004, Investigation Unit Two of the agency in
charge of the investigation of offences against the administration of
justice requested to the Office of the General Co-ordinator of Expert
Services to order a joint intervention of official psychiatry and
psychology experts with a background and experience in the analysis
of cases of torture in order that they, subject to a study of preliminary
investigation SC/3839/95-03, provide all elements necessary to clarify
the incidents under investigation, and to establish whether Mr. Martíndel-Campo was subjected to psychological torture as indicated in the
events denounced. On April 13, 2004, said office of the Coordinator
informed that its medical personnel did not have “either the
background or the experience in the analysis of torture.”
58.2.48 On July 02, 2004, Investigation Unit Two of the agency in
charge of the investigation of offences against the administration of
justice decided to request the support of the Office of the Attorney
General of the Republic’s expert services department for the
appointment of trained legal medical and/or forensic experts with
knowledge in the application of the international rules contained in the
United Nations Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, of the Office of the United Nations High Commissioner for
Human Rights, known as the "Istanbul Protocol", in order that they
certify whether or not Mr. Martín-del-Campo suffers from posttraumatic sequels that may evidence possible physical or psychological
torture.
58.2.49 Up to the date on which this judgment was delivered,
preliminary investigation SC/3839/95-03 continued to be open.
VII
PRELIMINARY OBJECTIONS