- 54 - a lack of evidence to prosecute, subject to the legal reservations. In response, the Public Prosecution Service filed an appeal which is pending a decision. 201 C.3.4 Criminal case 105/2016 143. On July 1, 2016, a criminal action was filed against the Deputy Director for Southern Region Operations of the state Security Agency for the crime of torture committed against Mariana Selvas Gómez, Georgina Edith Rosales Gutiérrez, Suhelen Gabriela Cuevas Jaramillo, Bárbara Italia Méndez Moreno, Claudia Hernández García, Norma Aidé Jiménez Osorio and Angélica Patricia Torres Linares, because he was in charge of the buses and other vehicles in which they were transferred on May 4, 2006.202 On July 29, 2016, the judge refused to issue the arrest warrant requested by the PGJEM; therefore, the PGJEM filed a remedy of appeal.203 On January 5, 2017, the PGJEM provided new evidence and requested an arrest warrant for the accused. On May 11, 2017, el Judge decided to deny the requested arrest warrant. The PGJEM filed a remedy of appeal against this decision. 204 At the date of this judgment, the Court’s case file does not record whether these appeals have been decided. C.3.5 Criminal case 79/2006 (relating to Ana María Velasco Rodríguez) 144. On August 28, 2006, the First Criminal Trial Court in Tenango del Valle, state of Mexico, in the context of criminal case 79/2006, issued an order for preventive detention against a state police agent for the offense of lewd acts205 against the sexual freedom of Ana María Velasco Rodríguez.206 145. On October 25, 2007, it was decided to close the pre-trial proceedings and, on May 2, 2008, the judgment was notified convicting the state police agent for his criminal responsibility in the perpetration of the offense of lewd acts against Ana María Velasco Rodríguez, imposing a prison sentence of three years, two months and seven days and a fine of 1,877.80 Mexican pesos.207 Cf. Report of the Prosecutor General of the state of Mexico of October 31, 2017 (evidence file, folios 38187 to 38189), and the State’s report on compliance with the recommendations of the Merits Report of September 5, 2016 (evidence file, folios 30510 to 30513). 201 Cf. Work Plan for the investigation of Case No. 12,846 Mariana Selvas et al. Annex 1 to the Mexican State’s fifth report on compliance of August 2, 2016 (evidence file, folio 24532); The State’s report on compliance with the recommendations of the Merits Report of September 5, 2016 (evidence file, folio 30528). Also, according to the State, the other individual identified in the chain of command, who was the Deputy Director, died on February 17, 2011. In this regard, the State indicated that this meant that the PGJEM had filed charges against all those identified opportunely by the SCJN as the superior officers who were in command of the operation and whose omissive conduct had been presumptively established (evidence file, folios 30529 and 30530). 202 Cf. The State’s report on compliance with the recommendations of the Merits Report of September 5, 2016 (evidence file, folio 30529). 203 Cf. The State’s brief dated October 30, 2017, addressed to the Miguel Agustín Pro Juárez Human Rights Center (evidence file, folio 38189). 204 Article 270 of the Criminal Code of the state of Mexico, in force at the time, establishes: “Anyone who, in the absence of consent by a person who has reached puberty, shall execute an erotic sexual act on that person, without the direct or immediate purpose of intercourse, shall be sentenced to six months’ to two years’ imprisonment. […] If physical or moral violence is also used, the sentence shall be increased by a further one to four years’ imprisonment.” Order on the constitutional time limit issued by the First Criminal Trial Court in Tenango del Valle, state of Mexico, of August 28, 2006 (evidence file, folio 4955). 205 Cf. Order on the constitutional time limit issued by the First Criminal Trial Court in Tenango del Valle, state of Mexico, of August 28, 2006 (evidence file, folio 5008), and the State’s brief before the Commission of July 27, 2010 (evidence file, folio 22139). 206 207 Cf. The State’s brief before the Commission of October 15, 2012 (evidence file, folios 14335 and 14336).