37
b) On Tuesday, May 4th, 1999, at 8:00 A.M., the Prosecutor of the Public
Prosecutor’s Office of Arcelia visited the scene of the crime to certify the
presence of the body of Salomé Sánchez Ortiz, without taking custody of
the victims.127 Later, past midday, members of the Army transferred
Messrs. Cabrera and Montiel by helicopter to the headquarters of the
40th Infantry Battalion, located in the city of Altamirano.128 As stated in
the judicial case file, at 6:00 P.M. of that same day, Messrs. Cabrera and
Montiel were brought before the respective authority of the Public
Prosecutor’s Office of Arcelia;129
c) On Wednesday, May 5th, 1999, at 4:00 P.M., the Public Prosecutor’s
Office of Arcelia forwarded the inquiry to the Federal Public Prosecutor’s
Office of Coyuca de Catalán based on lack of competence;130
d) On Thursday, May 6th, 1999, Messrs. Cabrera and Montiel were
transferred to the offices of the Federal Public Prosecutor’s Office in the
city of Coyuca de Catalán.131 That same day, at 3:00 a.m. and 4:00
a.m., the alleged victims rendered a second statement before the Public
Prosecutor's Office.132 The Agent of the Federal Public Prosecutor’s Office
recorded the preliminary investigation number 33/CC/99, by which it
decided that there were elements to prove the probable criminal
responsibility of the alleged victims.133 At 6:06 p.m. they were brought
before the First Instance Court of the Judicial District of Mina, this Court
opened the case file 03/999 and qualified the detention of Messrs.
Cabrera and Montiel as lawful,134 and
e) On Friday May 7, 1999, the Judge of the First Instance Court of the
Judicial District of Mina ordered to transfer the alleged victims to the
Court in order for them to render their preliminary statements.135
98.
In this regard, in its Recommendation 8/2000, the NCHR questioned the
alleged impossibility of the military agents to bring the alleged victims, without
delay, before the competent authority, given that there are flight logs of Air Force
helicopters during May 3 and 4, 1999 providing support to the 35th Military Zone,
as well as the fact that the military personnel that went to Pizotla had a radio
station and 4 vehicles.136 Thus, in conclusion, the NCHR indicated that if military
127
Cf. Removal minutes and others of May 4, 1999, supra note 65, folio 4205.
128
Cf. NCHR. Recommendation N° 8/2000 of July 14, 2000, supra note 89, folio 8447.
129
Cf. Certification of May 4, 1999 (Preliminary Inquiry N° CUAU/01/119/999) (record of annexes
to the application, volume XI, folio 4211).
130
Cf. Transfer proceeding based on lack of competence of May 5, 1999, supra note 72, folio 4239.
131
Cf. Expansion of the preliminary statement of December 23, 1999, supra note 67, folio 10367.
132
Cf. Statements of Messrs. Cabrera and Montiel before the Public Prosecutor's office of Coyuca
de Catalan of May 6, 1999 (Preliminary Inquiry 33/CC/999) (record of annexes to the answer to the
application, volume XXIII, folios 9777 to 9785).
133
Record court order of May 6, 1999 (Preliminary Inquiry N° 33/CC/999) (record of annexes to
the answer to the application, volume XXIII, folios 9798 to 9821).
134
Cf. Court order of the filing and ratification of the lawful detention of May 6, 1999 (Preliminary
Inquiry N° 33/CC/999) (record of annexes to the answer to the application, volume XXIII, folios 9827 to
9832).
135
Cf. Court order for release issued by the Judge of the First Instance Court of the Judicial District
of Mina of May 7, 1999 (case file 03/999) (record of annexes to the answer to the application, volume
XXIII, folio 9834).
136
According to the NCHR: a) there are “flight logs of the Bell-212 helicopters with plates 1115
and 1117, of the official letters 2164 and 2188 of May 3 and 4, 1999, signed by [a] Lieutenant Coronel
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos