27
hid among bushes and rocks, remaining there for several hours. At approximately
4:30 P.M., that same day, they were arrested.66
68.
The soldiers kept Messrs. Cabrera and Montiel detained on the bank of
Pizotla River until May 4th.67 That same day, after noon, members of the Army
transferred Messrs. Cabrera and Montiel in a helicopter to the facilities of the 40th
Infantry Batallion, located in the city of Altamirano, state of Guerrero.68
1.2.
Judicial proceeding that led to the conviction of Messrs. Cabrera and Montiel
69.
In view of the complaint filed by certain members of the Army against
Messrs. Cabrera and Montiel69 for the commission of the alleged crimes of carrying
weapons intended for the exclusive use of the Army and without a permit, and the
cultivation of poppies and marihuana, the Public Prosecutor’s Office of the Common
Jurisdiction of Arcelia, Guerrero, initiated a criminal investigation.70 On May 4,
1999, said body decreed the legal detention of Messrs. Cabrera and Montiel.71
Because they were federal offenses, the Public Prosecutor’s Office of the Common
Jurisdiction of Arcelia, state of Guerrero, referred the inquiry to the Federal Public
Prosecutor’s Office of Coyuca de Catalán.72 On May 12, 1999 the proceeding was
submitted for lack of jurisdiction to the First Instance Court of the Criminal Branch
of the Mina Judicial District, which notified the formal commitment order of Messrs.
Montiel and Cabrera.73 The trial court of Mina declined its jurisdiction and the
proceeding passed to the Fifth District Court of the Twenty-First Circuit in Coyuca
de Catalán (hereinafter “the Fifth District Court”).74 On August 28, 2000, this trial
court handed down a judgment of conviction against Messrs. Cabrera and Montiel,
sentencing them to serve prison terms of six years eight months and ten years,
respectively.75
70.
Mr. Montiel Flores was convicted of the crimes of possession of firearms,
without a permit, intended for the exclusive use of the Army, Navy and Air Force,
65
Cf. Removal minutes, visual inspection, death certificate of Salomé Sanchez of May 4, 1999
(Preliminary Inquiry N° CUAU/01/119/999) (Record of annexes to the application, volume IX, folio
4205) and Message sent by Brigadier General in Altamirano, supra note 63, folio 4025.
66
Cf. Complaint filed by three military officers against Messrs. Cabrera and Montiel on May 4,
1999 (record of annexes to the application, volume IX, folios 4212 and 4213).
67
Cf. Extension of the Statement of Messrs. Cabrera and Montiel before the Fifth District Judge, of
December 23, 1999 (Criminal Case 61/99) (record of annexes to the answer to the application, volume
XXIV, folios 10361 and 10365).
68
Cf. Confrontation hearing of Messrs. Cabrera and Montiel with one of the soldiers who filed the
complaint against them on August 26, 1999, (Criminal Case 61/99) (record of annexes to the answer to
the application, volume XXIV, page 10134).
69
Cf. Complaint filed by three soldiers, supra note 66, folios 4212 to 4214.
70
Cf. Court order opening of the criminal preliminary inquiry of May 5, 1999 (Preliminary Inquiry
N° CUAU/01/119/999) (record of annexes to the answer to the application, volume XXIII, folio 9689).
71
Cf. Court order by which it was decreed the legal detention of Messrs. Cabrera and Montiel on
May 4, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (record of annexes to the application, volume
XI, folio 4222).
72
Cf. Transfer proceedings based on lack of jurisdiction of May 5, 1999 (Preliminary Inquiry N°
CUAU/01/119/999) (record of annexes to the answer to the application, volume XI, folio 4239).
73
Cf. Formal commitment order of May 28, 1999 (Preliminary Inquiry N° 33/CC/999) (record of
annexes to the answer to the application, volume XXIII, folio 9879).
74
Cf. Acceptance of jurisdiction brief of May 12, 1999 (Criminal Case 61/99) (record of annexes
to the answer to the application, volume XXIII, folios 9873 and 9874).
75
Cf. Judgment delivered on August 28, 2000 by the Fifth District Court of the state of Guerrero
(Criminal Case 61/99) (record of annexes to the answer to the application, volume XXVI, pages 11137
to 11303).