property; c) based on these enforcement guidelines, to rule that the offense of organized crime is not proven; d) to […c]onsider: [t]he right of the complainants to an adequate defense; [t]hat the plaintiffs’ confessions were obtained through torture; [t]hat the identification of the plaintiffs by means of photographs constitutes illegal evidence and [t]hat the statements of those who conducted the arrest […] are ineffective as testimonial evidence, and e) to issue a ruling in accordance with the law” regarding the plaintiffs’ responsibility for committing the crimes of aggravated homicide, injuries, violent robbery, and damage to property.50 On April 18, 2013, the First Collegiate Criminal Chamber of Texcoco ruled to overturn the criminal conviction of September 6, 2001, delivered by the Third Criminal Judge of the Court of First Instance of the Judicial District of Netzahualcóyotl (supra para. 46), issued an acquittal and ordered the release of Juan García Cruz and Santiago Sánchez Silvestre, which took place on the same day.51 VI.C) HUMAN RIGHTS VIOLATIONS 52. In view of the State’s acknowledgment of the facts and of the violations of rights, which has ended the dispute in this process, Mexico is responsible for human rights violations to the detriment of Messrs. Juan García Cruz and Santiago Sánchez Silvestre which are summarized below (supra paras. 10 to 23)52. 53. Regarding the violation of the right to humane treatment, the State acknowledged its responsibility for violating Articles 5(1) and 5(2)53 of the Convention and Articles 1, 6, 8 and 10 of Inter-American Convention to Prevent and Punish Torture given that, following their arrest, Messrs. Juan García Cruz and Santiago Sánchez Silvestre were tortured “during the time they were in the custody of the police officers” and before giving their first statements to the Public Prosecutor. Moreover, the violation of these rights occurred because of a failure to investigate the allegations of torture, even though there was evidence that this had indeed taken place (in the records of their testimony and in the medical certificates documenting their physical injuries) and that both victims informed the prosecution and judicial authorities of the acts committed against them by the police officers.54 54. Regarding the right to personal liberty, the State acknowledged its responsibility for the violation of Article 7(1), 7(2), 7(3) and 7(4)55 of the Convention, ”in relation to Article 5(1) and 5(2), all the foregoing in relation to Article 1(1) of the Convention.”56 This, as a consequence of 50 Judgment delivered on March 25, 2013 by the Collegiate Court of the Circuit of the Auxiliary Center of the Seventh Region related to the Direct Amparo Action 778/2012 (Merits file and Reparations, Volume I, pages 109 to 377). 51 Judgment issued on April 18, 2013 by the First Collegiate Criminal Chamber of Texcoco (file of annexes to the petition briefs, arguments and evidence, Volume III, pages 5032 and 50333); Document number 1171/2013 of April 18, 2013 of the Third Criminal Court of the First Instance Court of the Judicial District of Netzahualcóyotl, State of Mexico (Merits file, Volume I, pages 102 to 105) and release documents of Santiago Sánchez Silvestre and Juan García Cruz from the Nezahualcóyotl Detention Center (Merits file, Volume I, pages 107 and 108). 52 The Commission’s arguments regarding the violation of human rights to the detriment of Messrs. Juan García Cruz and Santiago Sánchez Silvestre are contained in paragraph “VI. Legal Analysis” of the Report on Merits No. 138/11 (paras. 121 to 249). 53 Article 5 (Right to Humane Treatment) provides that: 1. Everyone has the right to have his physical, mental and moral integrity respected. 2. No one should be subjected to torture or inhumane or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. […] 54 Report on Merits No. 138/11, paras. 126 and 132 to 136. 55 Article 7 (Right to Personal Liberty) establishes that: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of physical liberty, except for the reasons and under the conditions established beforehand by the Constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subjected to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 56 Report on Merits No. 138/11, para. 152. 15