Alpízar expanded his statement on October 28, 2002 at 4:00 p.m. 78
75. The arraigo of Reyes Alpízar was authorized by the Seventh Criminal Judge of First Instance
of Tlalnepantla (“Seventh Criminal Judge”) on October 28, 2002. 79 That same day, at 11:00 p.m.,
the Public Prosecutor’s Office agreed to release him for the offense of organized crime due to lack
of evidence. 80 He was notified of this decision at 11:12 p.m. on October 28, 2002, in the presence
of the public defender, where he was orally informed that he was being released for bribery and
organized crime, but that he was under arraigo (detention) for the murder of the mayor. 81 Reyes
Alpízar expanded his statements on October 31 and November 6, 2002. 82
76. On November 25, 2002, after the public prosecutor brought a criminal action against Reyes
Alpízar, the PGJEM asked the First Instance Criminal Judge to issue an arrest warrant against him
for the offenses of bribery, organized crime and aggravated homicide. 83 On November 27, 2002,
the Fifth Criminal Judge of First Instance of Tlalnepantla Judicial District, issued an arrest warrant
against him, due to his probable involvement in the commission of the aforementioned crimes. 84
77. On November 28, 2002, Reyes Alpízar made a preliminary statement before the Fifth
Criminal Judge. 85 A defense attorney was then appointed for him. Reyes Alpízar expressly stated
that he did not accept the facts or the statements made during the preliminary investigation, and
denounced that was subjected to mistreatment in order to obtain his confession. 86 On November
30, 2002, the judge issued a formal order of imprisonment for the crimes of aggravated homicide,
bribery and organized crime. This order was appealed and the appeal was partially upheld on
December 17, 2003, modifying the imprisonment order, granting him release for organized crime
but maintaining his imprisonment for the crimes of aggravated homicide and bribery. 87
E. Criminal proceedings and preventive detention of Daniel García Rodríguez and
Reyes Alpízar Ortiz
78. Daniel García Rodríguez and Reyes Alpízar Ortiz were deprived of their liberty throughout
the criminal proceedings, from the time the arraigo measures were decreed in 2002 until August
23, 2019, when they were released and subjected to the tracking and tracing system.
79. On May 12, 2022, the Criminal Court of the Judicial District of Tlalnepantla notified the
judgment issued against Daniel García and Reyes Alpízar Ortiz for the crime of homicide with
78
Cf. Extension of statement of Reyes Alpízar (evidence file, folios 70063 to 70067).
Cf. File CODHEM/NJ/5088/2002-3, Human Rights Commission of the state of Mexico, Third General Investigative
Unit (evidence file, 849 to 911).
79
80
Cf. Government of the State of Mexico. Attorney General’s Office. Agreement on immediate release and
notification of arraigo of Reyes Alpízar. Tlalnepantla, State of Mexico, October 28, 2002 (evidence file, folios 937 to 939).
81
Cf. Government of the state of Mexico. Attorney General’s Office. Personal notification to Reyes Alpízar.
Tlalnepantla, state of Mexico, October 28, 2002 (evidence file, folios 940 to 941).
82
Cf. Government of the state of Mexico. Attorney General’s Office. Statement of Reyes Alpízar. November 6, 2002
(evidence file, folios 1041 to 1043).
83
Cf. Government of the state of Mexico. Attorney General’s Office. Indictment without detainee. Tlalnepantla, state
of Mexico, November 25, 2002 (evidence file, folios 1245 to 1494).
Cf. Judicial branch of the state of Mexico. Criminal Court of the Judicial District of Tlalnepantla, final judgment
final of May 12, 2022, Tlalnepantla de Baz, state of Mexico (evidence file, folios 70391 to 71350).
84
85
Cf. Statement of Reyes Alpízar Ortiz, dated November 28, 2002, written and signed by hand (evidence file, folios
845 to 848).
86
Cf. Record of hearing of preliminary statement, November 28, 2002, Fifth Criminal Judge of First Instance of the
Judicial District of Tlalnepantla (evidence file, folios 832 to 844).
Cf. First Criminal Collegiate Court of Tlalnepantla, Superior Court of Justice of the state of Mexico. Decision on
Replacement Appeal. Tlalnepantla de Baz, State of Mexico, November 17, 2006 (evidence file, folios 1502 to 1551).
87
-22-