They also asked the Court to order “investigative measures to establish the corresponding
responsibilities.”
281. With respect to the request to conclude the criminal proceedings against the alleged victims
as soon as possible, the State argued that “it is evident that jurisdictionally and legally, the judge
has no legal mechanisms that would allow him to comply with the recommendation to conclude
the proceedings in the brief period of time indicated by the Inter-American Commission, because
said procedural act does not depend on the will of the judge, but on the way in which the procedural
acts are carried out, a decision that also depends on Mr. García Rodríguez and Mr. Reyes Alpízar.”
However, aware of the importance of the matter, it indicated that it is committed to “issuing the
corresponding judgment as soon as possible, and with full respect for the right to defense of the
alleged victims.”
282. In relation to the request for a thorough, diligent and effective investigation, within a
reasonable time, to investigate the acts of torture, the State indicated that “regarding the alleged
acts of torture denounced […], the Special Prosecutor’s Office for the Investigation of Torture
carried out more than 500 procedures, all of them in accordance with inter-American standards
on torture, as well as those contained in the Istanbul Protocol.” It added that “the judicial authority
decided not to bring a criminal action in the preliminary investigation TLA/MR/III/1973/2006,
issued on May 3, 2021. This decision was confirmed on May 18 of the same year by the Regional
Prosecutor of Tlalnepantla, state of Mexico, and notified to the alleged victims” and that “the
alleged victims did not object to this decision.” Accordingly, the State explained that it had “fulfilled
its obligation to conduct a thorough, diligent and effective investigation, within a reasonable time,
to investigate the acts of torture, in compliance with the parameters of due diligence established
in the inter-American standards on the matter […].” To that extent, it “consider[ed] satisfied this
recommendation” of the Commission contained in the Merits Report.
B.1. Conclusion of the criminal case against Daniel García Rodríguez and Reyes Alpízar Ortiz
283. The Court recalls that in the context of the proceedings against Daniel García Rodríguez
and of Reyes Alpízar Ortiz, the principle of reasonable time was breached since the victims were
deprived of their liberty preventively for 17 years, and continue to this day with measures that
restrict their liberty through a tracking and localization system (supra para. 87). Thus, the
prolongation of the proceedings along with the uncertainty that this entails for the victims in this
case continues to be a factor of anguish that affects their life plans. This may have been
exacerbated since the first instance conviction was issued on May 12, 2022 (supra para. 10).
284. The use of torture as a mechanism to obtain confessions or incriminating evidence from a
defendant cannot have any consequence other than the exclusion of the evidence. Otherwise, the
prohibition of torture would be devoid of content, becoming a merely formal right without any
practical effects. In view of the fact that the proceedings are still at the appeal stage, the competent
authorities must, ex officio, exclude all incriminating evidence obtained under coercion or torture
when ruling on the appeal and in other procedural acts, in order to determine whether or not there
are still grounds to establish the criminal responsibility of the accused. Owing to the extreme delay
in these proceedings, this Court deems it imperative that the final decision in this case be reached
as soon as possible, in strict compliance with the guarantees of due process contained in the
American Convention. Within the framework of the process of monitoring compliance with this
judgment, the Court will determine whether the authorities excluded the incriminating evidence
obtained under duress in all the procedural acts related to this case.
285. Likewise, although the victims in this case were released from prison in 2019, they continue
to suffer measures that restrict their personal liberty and freedom of movement to this day,
because, as an alternative precautionary measure to imprisonment, they are obliged to wear
electronic geolocation devices (bracelets) at all times until the end of the criminal proceedings.
Taking into account the continuation of these restrictions on their freedom, as well as the State’s
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