CAT/C/71/D/759/2016
went unanswered. On 7 February 2014, the complainant expressed his displeasure with the
mayor’s failure to respond.
2.23 On 10 April 2014, the Human Rights Commission issued recommendation 016/2014,
which concluded that J.J.V. and R.V.R. had violated the complainant’s right to integrity of
person by overstepping their authority and causing him various injuries detrimental to his
health. It also recommended that proceedings be instituted under the Act on the
Responsibilities of State and Municipal Public Servants, that the complainant be granted
reparation, and that human rights training courses be organized for officers of the police unit
in question.
2.24 On 7 July 2014, the municipal ombudsman and attorney of Taxco City Council
accepted the recommendation issued by the Commission, stating that the administrative
proceedings against R.V.R. were being dismissed as he was not part of the city’s police force.
2.25 However, as at the date of the communication, the complainant maintains that the
recommendation has not been duly implemented. Firstly, J.J.V. received only a private
warning. Secondly, Taxco City Council quantified the injuries caused to the complainant in
the amount of 14,608 pesos, which the complainant considered did not reflect either the
nature of the violations of his rights or the seriousness of the injuries he suffered. On 16 May
2016, the complainant stated that he was not accepting the offer but, as at the date of the
communication, he had not had any response. With regard to the recommendation that a
criminal investigation be ordered, on 18 April 2016 the complainant went to the Office of the
Attorney General of Guerrero State to confirm the facts reported on 29 April 2013. The
official of the Attorney General’s Office recorded his statement as concerning offences of
abuse of authority (torture), deprivation of personal liberty, threats and the consequences
thereof, but the complainant had no knowledge of the proceedings initiated as at the date of
the communication.
Proceedings before the Office of the Assistant Attorney General for the Investigation of
Organized Crime
2.26 On 14 May 2014, the complainant went to the offices of the Executive Commission
for Victim Support and submitted the file on preliminary investigation
ALA/SC/05/0328/2013, the Guerrero State Human Rights Commission’s recommendation
016/2014 and the notice of acceptance of the recommendation by the receiving authority. 5
The Executive Commission referred the case to the Office of the Assistant Attorney General
for the Investigation of Organized Crime and, on 23 October 2014, the complainant went to
the Office of the Assistant Attorney General to report the events. As the complainant
mentioned the Guerreros Unidos crime syndicate and members of the Taxco de Alarcón
municipal police force, the federal prosecution service official erroneously decided to include
the complainant and his wife as complainants in the preliminary investigation opened into
the disappearance of 43 teachers in Ayotzinapa, despite the fact that these events were
unrelated to the events that the complainant was trying to report. No preliminary investigation
was opened to investigate the offences reported by the complainant and his wife, meaning
that they were also denied the possibility of requesting interim measures.
2.27 On 20 April 2015, the complainant and his wife visited the Office of the Assistant
Attorney General for the Investigation of Organized Crime for a second time since no interim
measures had been ordered and no criminal proceedings had been initiated. On 14 March
2016, the Office declared itself incompetent to investigate the events because they were
offences under local jurisdiction and it was down to the Guerrero State authorities to carry
out the corresponding procedures. On 13 April 2016, the complainant filed an application for
amparo with the Office of the Assistant Attorney General for the Investigation of Organized
Crime. On 1 July 2016, the Eleventh District Court for Amparo in Criminal Matters ordered
the Office of the Assistant Attorney General to investigate the human rights violations
committed against the complainant, including investigating the torture and unlawful
deprivation of liberty to which he was subjected, assessing the evidence offered to support
5
GE.21-13347
The author specifies that the Executive Commission for Victim Support is the operational arm of the
National Victim Support System, a decentralized agency of the Federal Public Administration.
5