result, the petitioners lodged an appeal for review 149/2019, which was filed before the Fourth
Collegiate Court for Criminal Matters of the Second Circuit. The judges granted the amparo and
the protection of the Federal Justice against the decision not to prosecute the case issued in
preliminary investigation TLA/MR/III/1973/2006, and ordered several actions to be carried out.
111. On May 26, 2020, the preliminary investigation TLA/MR/III/1973/2006 was referred to the
Special Prosecutor’s Office for the Investigation of Torture, in order to continue with the processing
of the case and carry out the procedures ordered in the amparo ruling.
112. On July 8, 2021, an order dated July 7, 2021, was published in relation to the amparo
proceeding 1760/2017, of the Second District Court of Naucalpan de Juarez, state of Mexico, which
considered that the amparo ruling had been complied with without excesses or defects. In this
regard, said district court considered that a decision was issued on May 3, 2021, in the preliminary
investigation TLA/MR/III/1973/2006 by the public prosecutor’s agent assigned to the Office of the
Special Prosecutor for the Investigation of Torture, with the approval of the Regional Prosecutor
of Tlalnepantla, state of Mexico, in which it was determined not to proceed with the criminal action.
b) Complaint before the Attorney General’s Office in the case of Reyes Alpízar Ortiz
113. On November 29, 2006, Reyes Alpízar filed a complaint for acts of torture before the Attorney
General’s Office. 155 On January 2, 2007, the latter responded that it only investigates federal
crimes and sent the brief to the PGJEM. 156 This led to a preliminary inquiry by the Office of the
Special Anti-Corruption Prosecutor of the PGJEM. On March 30, 2018, the decision by the Public
Prosecutor’s Office not to prosecute was notified, and was confirmed by the regional prosecutor of
Tlalnepantla on April 27, 2018. 157
VIII.
MERITS
114. In the instant case, the Court must analyze the scope of the State’s international
responsibility for the alleged violation of various conventional rights, due to the arrest and
application of the measures of arraigo and mandatory pretrial detention, and the alleged acts of
torture and criminal proceedings against Daniel García Rodríguez and Reyes Alpízar Ortiz. The
Court will now analyze the arguments on the merits in the following order: a) the rights to personal
liberty and to the presumption of innocence in relation to the obligation to respect rights and the
obligation to adopt provisions of domestic law; b) the right to personal integrity in relation to the
obligation to respect rights and Articles 1, 6 and 8 of the IACPPT, and c) the rights to judicial
guarantees and judicial protection in relation to the obligation to respect rights.
155
Cf. Acknowledgement of receipt of the brief denouncing acts of torture received in the Attorney General’s Office
on November 29, 2006 (evidence file, folios 1496 to 1501).
Cf. Official letter No. 001/07 DAQIDH of January 2, 2007, notifying Reyes Alpízar of the submission of his complaint
for acts of torture to the PGJEM (evidence file, folios 2136 to 2137).
156
157
Cf. Order of March 30, 2018, notifying the decision not to prosecute in the preliminary investigation
TLA/MR/III/19/3/2006, identified as Official letter No. 21317000 33, 2018 (evidence file, folio 2139).
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