commission of the probable offense.” Likewise, Article 143 of the Code establishes that “[t]he
Public Prosecutor’s Office will order the arrest in urgent cases, in writing, stating the grounds and
the evidence that certify the requirements mentioned in the preceding paragraphs. In this case,
the Public Prosecutor’s Office must have proven the corpus delicti and the probable responsibility
of the accused.”
i. The case of Daniel García Rodríguez
129. With respect to the argument regarding the legality of the detention of Daniel García
Rodríguez, the Court notes that there is no dispute over the fact that, in the morning hours, he
was taken by agents of the PGJEM to make a statement before the Public Prosecutor’s Office (supra
para. 68). In this regard, the State explained that Daniel García Rodríguez had been summoned
to testify before the Public Prosecutor’s Office, and that the procedural legislation in force at the
time provided that in cases where there was a well-founded fear that summons would be
disobeyed, the persons summoned to testify could be brought in by the police.
130. On this point, the Court notes that the summons issued to Daniel García Rodríguez ordering
him to appear before the Public Prosecutor’s Office, as mentioned by the State, was not presented
to this Court, nor was there any clear reference to the law under which said summons would have
been issued.
131. Based on the foregoing, the “accompaniment” of Daniel García Rodríguez by PGJEM police
officers to ensure that would go to testify before the Public Prosecutor’s Office, constituted an
arrest that should have complied with the requirements stipulated in domestic law, that is, an
arrest warrant should have been issued (Article 16 of the Constitution and Article 147 of the 2000
Code of Criminal Procedure for the state of Mexico). Moreover, in the case of Daniel García
Rodríguez there is no dispute between the parties over the fact that none of the elements of
flagrante delicto (Article 16 of the Constitution and Article 142 of the 2000 Criminal Procedure
Code for the state of Mexico) are present. Furthermore, the domestic authorities did not obtain an
arrest warrant from the Public Prosecutor’s Office in the urgent case provided for in Article 143 of
the 2000 Code of Criminal Procedure for the state of Mexico.
132. Consequently, the detention of Daniel García Rodríguez did not comply with any of the norms
established in domestic law, and therefore violated Article 7(2) of the American Convention to his
detriment.
ii. The case of Reyes Alpízar Ortiz
133. Regarding the detention of Reyes Alpízar, there is no dispute over the fact that he was
arrested after he allegedly attempted to flee from an identity check, on October 25, 2002 (supra
para. 74). On this point, the State indicated in its answering brief that “from the criminal
proceedings described in the police report” it appears that “in the course of the investigation,” he
was “located,” “tried to flee” and that “at the time of his arrest,” Reyes Alpízar stated that he
“knew that at any moment he was going to be arrested for having been involved in the death of a
mayor.” In addition, “he justified, at that moment, his change of address and physical appearance,
because he knew that they were looking for him, and he also offered them money and a house so
that they would let him go.” According to the State, these circumstances legally justified his
presentation before the Public Prosecutor’s Office, “which determined that he was in flagrante
delicto and ordered his legal detention for the crime of bribery because there were indications that
he occasionally met with other persons to commit serious crimes.” Moreover, in its brief of final
arguments, the State indicated, in relation to this same point, that Reyes Alpízar was being
investigated for the murder of María de los Ángeles Tamés Pérez and that, in this context, the
Special Operations Group of the PGJEM “identified him” at a public transportation stop.
Subsequently, they asked him to “identify himself” after which Reyes Alpízar allegedly tried to
escape. According to the agents of the PGJEM’s Special Operations Group who made the arrest,
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