E/CN.4/2000/9/Add.1
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82.
Andrés Tzompaxtle Tecpile, Luis Gonzaga Lara, Magencio Abad Zeferino Domínguez,
Abelino Tapia Marcos, José Santiago Carranza Rodríguez, Juna Leonor Bello,
Leonardo Bardomiano Bautista, Martin Barrientos Cortés, Marcos Ignacio Felipe, Bertín Matías
Sixto, Juan Julían González Martínez and Faustino Martínez Basurto were allegedly arrested and
tortured at various times and by various elements of the State security forces in the State of
Guerrero. All these cases were covered by a recommendation of the National Human Rights
Commission transmitted on 20 October 1997 to the Military Procurator-General concerning
arbitrary detention, injury and torture, searches of premises, threats, intimidation and enforced
disappearances. The recommendation requested the Military Procurator-General to open
preliminary investigations in each case so that any unlawful acts that might have involved the
army could be investigated and appropriate criminal and administrative proceedings initiated in
the event that the persons responsible were identified. This recommendation was acted on in
part. It was found that officials of the Ministry of Defence had probably played a part in their
arbitrary detention and torture of Luis Gonzaga, Magencio Abad Zeferina and the others and the
Military Procurator-General was requested to launch an investigation with a view to imposing
criminal or administrative penalties on those responsible. This investigation is under way.
The Inter-American Commission on Human Rights adopted measures to protect
Magencio A. Zeferino, who had received death threats following his statement to the
military authorities. He was reassigned elsewhere on the basis of an exchange. The attempt
made to reach an amicable solution before the Inter-American Commission on Human Rights
has so far been unsuccessful owing to the difficulty of verifying information following initiation
of a dialogue with the NGO which had brought the case to obtain clarification.
83.
Alfredo Rojas Santiago, arrested on 16 February 1997, in the community of La Soledad,
municipality of Xochistlahuaca, State of Guerrero, by members of the State Judicial Police was
allegedly tortured for 30 hours. The Government stated that the Human Rights Defence
Commission of the State of Guerrero had undertaken the necessary investigations but that
subsequently the case had been referred to the National Human Rights Commission. The case
was under examination up to September 1998.
84.
Emilio Ojendiz Morales, José Avelino Cervantes, Juan Paulino Cervantes,
José Avelino Pérez, Juan Salvador Avelino, José Mariano Avelino and José Avelino Salvador,
arrested on 3 and 6 April 1996, were allegedly tortured and ill-treated in San Miguel Ahuelicán,
municipality of Ahuacuotzingo, by members of the army and the Federal Judicial Police. The
Government stated that an investigation had been launched by the National Human Rights
Commission. The Office of the Attorney-General of the Republic opened an inquiry into
offences against health and violations of the federal law as a result of which Juan Salvador
Avelino was placed in the Reform School for Juvenile Delinquents in Chilpancingo, the other
detainees were released. The National Human Rights Commission’s investigation was brought
to an end on 30 June 1997, since the Commission took the view that the case did not involve
human rights violations, and the complainant was told to lodge his complaint with the
appropriate authorities.
85.
Marcelino Avelino Felipe, Pedro Avenlino Felipe and Abelino Tapia Morales were
allegedly detained and tortured on 6 April 1997 by members of the army in Alpoyelcatcingo,
municipality of Ahuacuotzingo, State of Guerrero. The Government stated that the National
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