CAT/C/55/D/500/2012 ended military jurisdiction over cases of human rights violations against civilians. Moreover, a proposal had been made to reform the Code of Military Justice in order to restrict the application of military law in accordance with international standards. 4.2 The State party contends that the complaint is inadmissible because of a failure to exhaust available domestic remedies. Although the military authorities investigated the case and found that no violation had occurred, they relinquished jurisdiction in favour of the civil authorities in an official letter of 28 May 2012, in response to the recent constitutional reforms. As a result, the Attorney-General’s Office launched a new investigation into torture. The State party indicates that, shortly, the complainants will be notified of the new investigation, which will enable them to submit further evidence, appeals and applications for amparo as appropriate. 4.3 The State party also asserts that, on 3 June 2010, the National Human Rights Commission instituted new complaint proceedings, which are ongoing. When it issues its ruling, the Commission may urge the competent authorities to implement a series of recommendations for the protection of human rights. 4.4 The State party queries the facts as presented by the complainants, noting significant discrepancies. It states that, on 16 June 2009, military pe rsonnel assigned to the Second Military Zone in Tijuana received a telephone call asking them to respond urgently to a kidnapping in a house in Playas de Rosarito, leading to the deployment of a 14-strong military intelligence unit to the house in question. Upon arrival, the unit arrested an individual outside the house, who said that he was acting as a lookout for his accomplices. The military personnel then entered the house and surprised three individuals drinking alcohol, who said that they had been hol ding a businessman captive for over 30 days. In the same building, the unit found a man who was bound hand and foot, blindfolded and with obvious injuries, including a severed finger. Numerous military weapons were also discovered. The military personnel arrested the complainants for their probable involvement in the offences of organized crime, possession of military weapons and kidnapping. The State party points out that, thanks to the unit’s expertise, not a single shot was fired. The complainants were brought before the Attorney-General’s Office, which requested that they should remain in military custody because of the threat that they posed. During the hearing by the public prosecutor on 17 June, the complainants were advised by a public defender, who informed them of their rights and explained what evidence would be considered during the preliminary investigation. In their statements, the complainants did not state that they had been subjected to torture, and only Ramiro López claimed to have been beaten, but did not wish to file a complaint as he could not identify the perpetrators. Moreover, none of the medical examinations conducted found any signs of torture. Lastly, the State party notes that the complainants were visited by their relatives while in preventive custody. 4.5 The State party points out that preventive custody is recognized in the Constitution and subject to strict judicial controls, in accordance with international standards. It was endorsed by Congress as a key tool in combating organ ized crime and, at the request of national and international human rights bodies, its use has been restricted and made subject to judicial oversight. Preventive custody is ordered only in cases of organized crime when it is strictly necessary for the succe ss of the investigation or for the protection of persons or property, or if there is a well -founded risk that the defendant will abscond from justice. It can be ordered only by a specialized federal court, which is responsible for ensuring that suspects ’ rights are not violated. The State party adds that the measure is imposed only exceptionally in federal criminal cases. GE.15-17782 9/19