CAT/C/75
page 55
and then closed preliminary investigation No. SC/149/2000/VIII, since it had not been shown
that military personnel had tortured Mr. Montes Villaseñor: the Federal judicial police was
responsible for holding him in custody before he was brought before an official of the Federal
Public Prosecutor’s Office.
258. The Army and Air Force Inspection and Controller-General’s Office conducted an
administrative investigation and decided to sentence Operations Base Commander “Quiroz”,
Infantry Captain First Class Constantino Alfonso Rodríguez Quiroz, to the maximum period of
imprisonment for having detained the civilian, Montes Villaseñor, for an excessive period of
time before bringing him before the civilian authorities.
259. On the basis of the above-mentioned administrative investigations, preliminary
investigation No. SC/149/2000/VIII was reopened and reclassified as No. SC/220/2001/I
on 1 August 2001, for completion and determination; it is now under way.
260. Paragraph 50 of the report refers to the case dealt with in recommendation No. 8/2001
issued by CNDH to the Office of the Attorney-General as “a proven case of torture”. Attention
is drawn to the following:
•
On the basis of recommendation No. 8/2001, the Office of the Attorney-General
launched preliminary investigation No. 5247/DGPDH/2001 against some of its
officials for the probable commission of acts of torture and misuse of public position
against Mr. Norberto de Jesús Súarez Gómez, who represented the Office of the
Attorney-General in the State of Chihuahua at the time;
•
In the course of this inquiry the Federal Public Prosecutor’s Office ordered a number
of expert evaluations (copies attached);
•
The inquiry having been duly completed, the Federal Public Prosecutor’s Office
dismissed the criminal proceedings, since “the offence of torture has not been
proven”;
•
In official document No. 3532 of 21 February 2002, the President of the National
Human Rights Commission stated, with regard to recommendation No. 8/2001, that
he had decided “to close the case and regard the recommendation as accepted, with
evidence of full compliance, a situation which will be brought to public attention in
CNDH’s next report”;
•
The alleged act of torture against Mr. Norberto de Jesús Súarez Gómez was not
proven. When the decision to dismiss the proceedings in investigation
No. 5247/DGPDH/2001 was transmitted to CNDH, it did not object; indeed, it took
the view that recommendation No. 8/2001 had been fully complied with.
261. Referring to paragraph 109 relating to the case of Gregorio Vásquez Álvarez, the
Government of Mexico informs the Committee that, once the relevant investigations were
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