CAT/C/75
page 11
32.
During their visit to the Iguala CERESO, the Committee members interviewed seven
inmates, five of whom said that they had been tortured. Two of them, who had been arrested by
police patrols at Atoyac in May 2001, said that they had been beaten, particularly on the ears,
subjected to mock executions and electric shocks, had plastic bags placed over their heads, water
poured into their noses and bandages tied very tightly around their heads and wrists. One said
that he had been arrested by the judicial police in August 2001 and had been beaten, had water
poured into his nose and been subjected to electric shocks, the marks of which were still visible.
33.
The other two inmates who said that they had been tortured were Rodolfo Montiel and
Teodoro Cabrera, both members of the Organización de Campesinos Ecologistas de la Sierra de
Petatlán y Coyuca de Catalán (Organization of Peasant Environmentalists of Sierra de Petatlán
and Coyuca de Catalán), a body formed in 1998 with a view to halting the excessive logging in
the area. They reported that, on 2 May 1999, they had been detained without a warrant in the
village of Pizotla in the Ajuchitlán del Progreso area of Guerrero State, by members of the
Army’s Fortieth Infantry Battalion. On being detained they had been thrown to the ground,
beaten, threatened with execution and dragged along by the hair. After being taken to an army
post on the banks of the Pizotla River, they had been tied hand and foot and forced to lie face
down for several hours, after which Mr. Montiel had been taken to a place close by to be
interrogated. He had been kept, blindfolded, on his back while being tortured as follows: his
head was forced back by someone pulling on his jaw; someone stood on his shoulders; he was hit
in the abdomen and the lumbar region; someone tugged repeatedly at his testicles, causing him to
lose consciousness several times; electric shocks were administered to his right thigh, which had
previously been sprayed with water; he and his family were threatened with death. During this
treatment, which lasted between one and two hours, he had been interrogated about his activities
and told he must confess to belonging to an armed opposition group. He had been then returned
to where Mr. Cabrera was, and Mr. Cabrera had been taken in turn to a place where, after being
blindfolded and made to lie on the floor, he had been tortured in a similar way to Mr. Montiel.
Both men had subsequently been taken to the Fortieth Infantry Battalion’s headquarters at
Altamirano, where they had again been threatened with death, struck, and forced to confess to
possessing and growing drugs and illegally possessing weapons. On 4 May 1999, they had been
brought before the Public Prosecutor’s Office in Coyuca de Catalán and then before a judge.
They had been held in the Coyuca CERESO for a month before being transferred to the
Iguala CERESO. In November 2001, a presidential decree had ordered their release on
humanitarian grounds.
34.
On 14 July 2000, the National Human Rights Commission issued
recommendation 8/2000 to the Secretary for National Defence, acknowledging human
rights violations against the community of Pizotla and Mr. Montiel and Mr. Cabrera. It
concluded that the detention of the two men had been illegal and that the weapons found in their
possession had been “planted” by Army personnel. The Commission also said that, as the Army
had persistently remained silent in order to avoid providing it with the information it had
requested, it could be considered certain that the men had been tortured. Although the only
evidence against them was their confessions extracted under torture, the fifth district court found
them guilty on 28 August 2000. Teodoro Cabrera was sentenced to 10 years in prison for
carrying a weapon intended solely for Army use, and Rodolfo Montiel was given 6 years
and 8 months in prison for planting marijuana, carrying a weapon without a licence and carrying