45
of the Attorney General of the state of Guerrero,156 so the investigations could continue.
On April 5, 2002, an ocular visit to the scene of the crime was carried out,157 and
subsequently, the Common Public Prosecutor of Allende sent the preliminary
investigation to the Attorney General of Guerrero,158 for considering that it lacked
jurisdiction on territorial grounds to continue with the investigation.
143. On April 15, 2002, the Agent of the Public Prosecutor’s Office specialized in
Sexual Offenses and Domestic Violence of Morelos (hereinafter, “Public Prosecutor of
Morelos”) received the Preliminary Investigation ALLE/SC/02/62/2002 from the Office of
the Attorney General of Guerrero and assigned it as Preliminary Investigation
MOR/AEDS/025/2002.159 The Public Prosecutor’s Office of Morelos continued the
investigation, carrying out some procedures,160 until May 16, 2002, when it declared
that it lacked subject-matter jurisdiction to continue the preliminary investigation and
forwarded it to the military forum.161
ii)Preliminary Investigation 35ZM/05/2002, SC/169/2002/I, SC/169/2002/I-V,
and SC/169/2002/I-V-XIV - Military Public Prosecutor’s Office
144. Before the commencement of the investigation in the common forum, on March
5, 2002, the investigation 35ZM/05/2002 was initiated, for the crime reports published
in a newspaper article on March 1, 2002, in the Diario El Sur,162 communicated to the
Commander of the 41st Batalion of the Infantry via the radiogram 7018 of March 3,
2002.163 On May 21, 2002, the Military Public Prosecutor’s Office, based on Article 57
fraction II paragraph (a) of the Code of Military Justice (hereinafter “Article 57(ii)(a)”),
“accept[ed] the lack of subject-matter jurisdiction,” and validated all the measures taken
in Preliminary Investigation MOR/AEDS/025/2002, adding them to Preliminary
Investigation number 35ZM/05/2002.164
156
Cf. Order PGJE/DGAP/2247/2002 of the Office of the Attorney General for Justice of the state of
Guerrero of March 28, 2002 (case file of annexes to the answer to the application, tome V, folio 9278).
157
Cf. Certificiate of site inspection issued by the Public Prosecutor of the Common Jurisdiction of the
Judicial District of Allende on April 5, 2002 (case file of annexes to the answer to the application, tome V, folios
9283 to 9285).
158
Cf. Agreement issued by the Public Prosecutor of the Common Jurisdiction of the Judicial District of
Allende on April 5, 2002 (case file of annexes to the answer to the application, tome V, folio 9286).
159
Cf. Agreement to file [open and settle] of the Office of the Public Prosecutor Specialized in Sexual
Offenses and Domestic Violence of Morelos, of April 15, 2002 (case file of annexes of answer to the application,
tome V, folios 9254 and 9255).
160
Cf. Statement of Mr. Encarnación Sierra Morales rendered before the Public Prosecutor of the Common
Jurisdiction Specialized in Sexual Offenses and Domestic Violence of Morelos, of April 17, 2002 (case file
annexes to the brief of pleadings and motions, tome II, annex 55, folios 5734 to 5736); statement of Mr.
Ezequiel Sierra Morales rendered before the Public Prosecutor of the Common Jurisdiction Specialized in Sexual
Offenses and Domestic Violence of Morelos (case file of annexes to the brief of pleadings and motions, tome II,
annex 58, folios 5746 to 5749), and statement of Mr. Fidel Bernardino Sierra, supra note 72, folios 5738 to
5740.
161
Cf. Agreement to decline jurisdiction and Order No. 244 to forward case file of the Public Prosecutor
Specialized in Sexual Offenses and Domestic Violence, both of May 16, 2002 (case file of annexes to the
answer to the application, tome V, folios 9334, 9345, and 9346).
162
Cf. Agreement to file [open and settle] of the Military Public Prosecutors adjoined to the 35th Military
Zone of March 5, 2002 (case file of annexes to the brief of pleadings and motions, tome II, folios 5909 and
5910), and News Article “To the NHRC, complaints for rape and beating of a young tlapaneca woman” [“A la
CNDH, quejas por violación and golpes a una joven tlapaneca”], Diario el Sur, of March 1, 2002 (case file of
annexes to the brief of pleadings and motions, tome II, folio 5912).
163
Cf. Radiogram 7018 of the Commander of the 35th Mlitary Zone of March 3, 2002 (case file of annexes
to the brief of pleadings and motions, tome II, annex 112, folio 5919).
164
Cf. Agreement issued by the Military Public Prosecutors of May 21, 2002 (case file of annexes to the
brief of pleadings and motions, tome II, annex 105, folios 5876 to 5879).
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