CAT/C/71/D/759/2016 Criminal proceedings 2.16 On 29 April 2013, the complainant went to the Alarcón Judicial District Public Prosecutor’s Office to file a complaint against R.F.A. (his neighbour) and J.M.B., J.J.V. and R.V.R. (police officers) and whoever was responsible for the criminal threats, damage to the truck, bodily injury by beating and all other criminal acts intentionally inflicted upon him. In his complaint, the complainant detailed the treatment to which he had been subjected by the municipal police officers, the injuries that he had sustained and the events that had led to his arrest, and preliminary investigation ALA/SC/05/0328/2013 was initiated. The complainant indicates that, while his statement was being taken down, he did not at any time receive legal advice. Instead, he had been constantly threatened by the prosecution service officials in an attempt to force him to reveal who had given him the names of the municipal police officers. The officials refused to give their names. 2.17 As at the date of the communication, the complainant has received no information about the investigation or its outcome. The complainant explains that he and his wife were harassed and received various threats from the municipal police throughout the period that they spent living in Taxco. When the complainant tried to bring this situation to the attention of the Public Prosecutor’s Office, he was told not to come back because “if you do, you’ll be put away there and then”. The complainant and his wife were forced to leave Taxco in June 2013, losing the equipment they had in their workshop and all their personal belongings. They have not been able to return to Taxco to move the proceedings forward because, if they did, their lives would be at risk. Proceedings before Guerrero State Human Rights Commission 2.18 On 1 May 2013, the complainant filed a complaint with Guerrero State Human Rights Commission.4 In his complaint, he described the treatment to which he had been subjected at the hands of Taxco municipal police officers and the events that had led to his arrest. In his written statement, he made the following requests: (i) that interim measures be ordered for his protection and the protection of his family; and (ii) that preliminary investigation ALA/SC/05/0328/2013 be duly incorporated into the case. 2.19 Case CDHEG-CRZN058/2014-I No. 420/2013 was then opened. As part of the proceedings in this case, the Human Rights Commission specifically ordered that: (i) the parties should be summoned to make statements and present evidence; (ii) the complainant should undergo a medical examination; (iii) the mayor of Taxco should be requested to adopt interim measures to prevent the officers of the Municipal Patrol Police from interfering with the victim’s person, property and family. 2.20 On 7 May 2013, J.J.V. and R.V.R. stated that they did not know whether the complainant was in dispute with his neighbours; that they had gone to his house because it had been reported that a person in a state of inebriation was assaulting his neighbours; that they did not at any time strike the complainant; that he had caused his injuries himself; and that he was being held for an administrative offence. Commander R.H.S. denied having been involved in the events, basing his account on the narrative of the police officers J.J.V. and R.V.R. 2.21 On 21 May 2013, Guerrero State Human Rights Commission took statements from two witnesses, who indicated that the complainant had offended Ms. M.P.H. by filming her with his cell phone. The complainant notes that, in their statements and testimonies, the police officers, witnesses and medical examiner contradicted themselves on various points. 2.22 On 30 October 2013, the Chair of Guerrero State Human Rights Commission issued proposed resolution 172/2013, which was submitted to the mayor of Taxco but elicited no response. The mayor was again asked to respond on 22 January 2014, but this request also 4 4 The author states that Guerrero State Human Rights Commission is an autonomous, non-judicial public body whose main duties, according to the provisions of article 116 of the Constitution of Guerrero State, are the protection, promotion, defence and dissemination of human rights and which upholds the Mexican legal order by investigating complaints of probable human rights violations and formulating non-binding public recommendations, pronouncements and complaints for submission to the corresponding authorities. GE.21-13347