Federal Criminal Proceedings of the Federal District. 41 The victims were transferred to a PGR “arraigo
house” in Mexico City. 42
59. On February 1, 2006, staff of the National Human Rights Commission (hereinafter also “CNDH’)
went to that “house” responding to the defense’s complaints on the unlawfulness of the detention and
the non-conventionality of the institution of arraigo. The CNDH’s medical examination did not find that
“there was evidence of injuries.” 43
60. Jorge Tzompaxtle explained the conditions of arraigo during the public hearing in the following
terms:
[…o]n entering they threatened me and “you are defenseless because they can take you out and
interrogate you at any time, many persons are taken out and return tortured, beaten, some can’t
even get into their beds, many had to take pills to sleep because they were in a state of anxiety.
Then there at that time is when […] the PGR put together the whole process, and at the end they
gave the order, that is, the arrest warrant to jail us. 44
61. On March 31, 2006, the State Police searched the home of the mother of the brothers Tzompaxtle
Tecpile and the business of their brother Maximino Tzompaxtle. According to the judicial record, they
found inter alia: a) an “El Mundo de Orizaba” newspaper of January 14, 2006; b) a photograph of
“Che Guevara” with the caption "Hasta la Victoria Siempre"; c) three "Proceso" magazines; d) an
identification document of the Partido de la Revolución Democrática in the name of Gerardo
Tzompaxtle Tecpile; e) four documents, an original and three copies, entitled "110 años de la Muerte
de Marx"; f) newspaper clippings with the following headlines: "Nada impedirá a Cuba seguir con el
Socialismo: Castro", “Secuelas de la Guerra en El Salvador", "Sostienen ex guerrilleros la presión hace
seguir inclinaciones a la lucha armada", "Testimonios Derechos Humanos para Hussein son letra
muerta" and g) three .22 calibre cartridges. 45
62. On April 10, 2006, the Federal Public Prosecutor’s Office brought criminal charges against the
victims for the crime of terrorism established in the Federal Law of 1996. It also requested that arrest
warrants against the accused be issued, 46 which was approved the next day by the Twelfth District
Court of Veracruz. 47 On April 17, the PGR executed the arrest warrants and placed the victims at the
disposal of the judge, who at 4 p.m. ordered their detention, 48 which ended the arraigo of the victims.
63. On April 22, 2006, the Judge of the Third District Court for Federal Criminal Proceedings of the
Federal District handed down a “Formal Order of Detention” (hereinafter “the order of detention”)
against the accused for allegedly being responsible of having committed the crime of terrorism
established in the Federal Law of 1996. The defense appealed the order of detention. 49 The accused
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.).
41
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.).
42
43
Cf. National Human Rights Commission. Mexico. Note 002997, file: 2006/44/1/Q, January 31, 2007 (evidence file, f.
391 et seq.).
44
Cf. Statement of Jorge Tzompaxtle, offered at the public hearing.
Cf. Judicial Branch of the Federation. Ruling that resolved the appeal against the order of formal pre-trial detention
decreed April 22, 2006, February 16, 2007 (evidence file, f. 66 et seq.).
45
Cf. Judicial Branch of the Federation. Twelfth District Court of the State of Veracruz with its seat in Córdoba. File of
Criminal Case 61/2006 (accumulated 21/2007) (evidence file, f. 13191 et seq.).
46
Cf. Judicial Branch of the Federation. Twelfth District Court of the State of Veracruz with its seat in Córdoba. File of
Criminal Case 61/2006 (accumulated 21/2007) (evidence file, f. 14584 et seq.).
47
Cf. Judicial Branch of the Federation. Twelfth District Court of the State of Veracruz with its seat in Córdoba. File of
Criminal Case 61/2006 (accumulated 21/2007) (evidence file, f. 14811 et seq.).
48
Cf. Judicial Branch of the Federation. Twelfth District Court of the State of Veracruz with its seat in Córdoba. File of
Criminal Case 61/2006 (accumulated 21/2007), (evidence file, f. 14821 et seq.).
49
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