the reason for being detained. 28
52. Two days after the detention, around 3:00 p.m., they were interrogated by police of the OPP. 29
The lawyer de officio who represented them did not explain their legal situation, did not give advice
on the proceedings, nor did he present any legal motion in their favor. The interrogation dealt
principally with their possible belonging to the Partido de la Revolución Democrática, a political party
of the opposition. 30 On this point, the Court recalls that the State acknowledged its responsibility for
the acts related to the search of the vehicle and the subsequent detention of the victims (supra para.
14).
53. On January 15, after noting that presumably material evidence that could be related to organized
crime turned up during the detention, it was decided that the victims give their statements to the
Assistant Prosecutor General’s Office for Special Investigations on Organized Crime (SIEDO) in Mexico
City. 31 The term of 48 hours for detentions by the ministerial authority, pursuant to Article 194 bis of
the Federal Code of 1999, ended on that day. The Public Prosecutor’s Office charged them with an
offense of organized crime under the category of kidnapping, which doubled that period. 32 Similarly,
the Specialized Unit on Terrorism and the Stockpiling of and Trafficking in Arms (UEITA) began a
preliminary investigation against the victims for the crime of terrorism established in the Federal Law
of 1996. According to a judicial resolution of February 2007, the investigation was based on diverse
newspaper items that indicated that the victims belonged to the EPR. 33
54. On January 16, an agent of the PGR Office of Social Communication noted that a fax of an item
published on the internet page of the newspaper Milenio, entitled “PFP detains alleged members of
the EPR.” The item linked the victims to the aforementioned guerilla group. 34 On the same day, two
decisions were taken: a) the UEIS suspended the investigation on kidnapping for lack of proof and
released them according to the conditions established in the law in favor of the victims and b) the
UEITA issued an order to locate the victims as part of a preliminary investigation for the crime of
28
seq.).
29
seq.).
30
21).
31
seq.).
Cf. PGR. UEITA. Notebook of evidence of the A.P. PGR, SIEDO/UEITA/004/2006, Volume I (evidence file, f. 26247 et
Cf. PGR. UEITA. Notebook of evidence of the A.P. PGR, SIEDO/UEITA/004/2006, Volume I (evidence file, f. 26247 et
Cf. PGR. UEITA. Statements of Gerardo y Jorge Marcial Tzompaxtle Tecpile of January 14, 2006 (evidence file, ff. 6 to
Cf. PRG. UEITA. Notebook of evidence of the A.P. PGR, SIEDO/UEITA/004/2006, Volume I (evidence file, f. 26247 et
32
The victims had been linked to an investigation on the kidnapping of Mario Alberto Rafael Zepahua Valencia, a PRI
Congressional candidate, which occurred in June 2003 in the State of Veracruz. Mr. Zepahua was held for almost four months
and it was thought that the Movimiento Popular Revolucionario was responsible. The aforementioned victims had been linked
to that group during the first steps of the investigation. Cf. PGR. Special Organized Crime Investigation Branch (evidence file,
f. 26247 et seq.).
33
Cf. Judicial Branch of the Federation. Ruling that resolved the appeal against the order of formal pre-trial detention of
April 22, 2006, February 16, 2007 (evidence file, f. 22 et seq.).
34
That same day, an agent of the Public Prosecutor’s Office attached to the UEITA received an anonymous telephone call
that claimed the following: ”’I’m calling to tell you that Gerardo Tzompaxtle Tecpile, born on June 25, 1976, Jorge Marcial
Tzompaxtle Tecpile, born on April 25, 1970, and Gustavo Robles López, born on December 21, 1976, are members of the
Comando Popular Revolucionario “La Patria es Primero,” who were detained on Friday, January 12, 2006, by agents of the
Federal Preventive Police along the road in the State of Veracruz and who were engaged in logistical operations with the purpose
of carrying out acts against national security [...]. That this group has declared itself against the acts of the government and
have taken credit, among others, for the death on July 6, 2005 in Acapulco [...] of José Rubén Robles [...] who was Minister of
Interior of the State of Guerrero in 1997. You know that, if you do nothing, these persons are dangerous, on that day they
were with two leaders of the group, who fled.’ Assuming that the call was over, the caller hung up without providing a name
nor any other information, there being nothing else to report.” Cf. Judicial Branch of the Federation. Ruling that resolved the
appeal against the order of pre-trial detention of April 22, 2006, February 16, 2007 (evidence file, f. 22 et seq.).
16