b)
Furthermore, the State noted that, on November 7, 2009, FEPAONGDDH
reported that the Prosecutor of the Public Prosecutions Office attached to the First
Court of Criminal Matters requested that the Judge on Criminal Matters Specialized in
Precautionary Measures issue “a search warrant to be executed in various homes in
the town of Comitán de Domínguez, Chiapas, including one located at 5ª Avenida
oriente Sur 199 ciento noventa y nueve, entre 15 quince y 16 dieciséis calle oriente[,
the home of Margarita Martínez Martínez], in order to execute the arrest warrant
against Víctor de Jesús Pinto Hernández.” Therefore, “it is evident that the public
officials arrived at the home of Mr. and Mrs. Adolfo Guzmán Ordaz and Margarita […]
Martínez Martínez, with an authorized search warrant.”
c)
As a result of the complaint filed by those affected, a “Preliminary
Investigation number 0004/FEPONGDDH-M1/2009 was opened,” which has initiated
several inquiries to determine those responsible for the events that took place.
Stemming from said investigation carried out on November 22, 2010, “a criminal
complaint was filed before the Second Court of Criminal matters of the Judicial
District of Tuxtla Gutiérrez, Chiapas.” However, the competent judicial body “denied
the request to issue an arrest warrant,” for which reason “the Prosecutor of the
Public Prosecutions Office attached to the court filed an appeal, sending the evidence
to the Superior Court of Justice of the State.” Consequently, on February 14, 2011,
the Superior Court of the State “by a majority vote, decided to declare the lack of
jurisdiction of the Judge of the Second Court on Criminal Matters of the Judicial
District of Tuxtla Gutiérrez, Chiapas.” On February 23, 2011, it ordered the arrest of
several individuals as “possible perpetrators of the crime of abuse of authority [,]
and also for carrying out of an unlawful raid,” and a claim was filed against nine
possible perpetrators. On March 10, 2011, the Judge hearing the matter issued a
formal order of imprisonment against one of the individuals.
d)
regarding the alleged events of November 25, 2009, (supra Having Seen
para. 2(e)), the State argued that it did not learn about the incident until December
7, 2009, when Mr. Adolfo Guzmán Ordaz filed a brief denouncing the matter. As a
result,
the
Prosecutions
Office
drafted
“an
official
letter
number
FEPONGDDH/MP/121/2009,” in which it again asked the petitioners to consider the
“proposal for precautionary measures.” This proposal was declined by Mr. Guzmán
Ordaz in a brief dated December 8, 2009;
e)
regarding the alleged events of December 14, 2009 (supra Having Seen
para. 2(f)), the State noted that, by way of official letter number
FEPONGDDH/133/2009 dated December 18, 2009, FEPONGDDH “requested that the
[first] superintendent Mr.. Moisés Grajales Monterrosa, guarantee [the petitioners]
the precautionary and security measures necessary to protect their lives, in prior
consultation with them”;
f)
regarding the events of December 25, 2009, (supra Having Seen para. 2(g)),
the
State
reported
that
FEAPONGDHH
drafted
the
official
letters
“FEPONGDDHM/P/139/2009 and FEPONGDDH/MP/142/2009, dated December 25 and
26, 2009, respectively, to the first Superintendent Mr. Moisés Grajales Monterrosa,
requesting the adoption of the necessary precautionary measures.”
g)
regarding the events of January 6, (supra Having Seen para. 2(h)) and
January 19, 2010 (supra Having Seen para. 2(i)), the State noted that the
FEPOANGDHH did not learn of these until January 13 and February 9, 2010,
respectively. It reported that FEPAONGDDH “requested experts on dactyloscopy to
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