E/CN.4/2000/9/Add.1
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National Human Rights Commission had launched an investigation into these cases and in
respect of other members of the Organización Campesina de la Sierra Sur. This investigation
was concluded on 10 October 1997 when a recommendation was addressed to the Military
Procurator-General that an inquiry should be opened to determine the responsibility of the
lieutenant (parachute infantry) and member of the Military Judicial Police, the Captain
(parachute infantry) and member of the Military Judicial Police and the other members of the
army implicated. This recommendation was acted on in part, preliminary investigations being
launched in order to establish responsibility. The recommendation brought to an end the
National Human Rights Commission’s inquiry concerning Pascual Rodríguez Cervantes,
Agustín Ojendiz Cervantes and Virginio Salvador Abelino, who had allegedly been arrested and
tortured on 16 April 1997 by members of the State Judiciary Police and members of the army in
Jojutla, Morelos. Moreover, the cases of Hilaro Atempa Tolentino, Anacleto Tepec Xinol and
Pablo Gaspar Jimón, who had allegedly been arrested and tortured by members of the army
on 25 May 1997, in Xocoyozlintla, municipality of Ahuacuotzingo, State of Guerrero were all
covered by the same investigation.
79.
José Nava Andrade, arrested on 2 July 1996 in Chilpancigo, State of Guerrero, by agents
of the Ministry of the Interior, was allegedly tortured for four days. The Government stated that
the National Human Rights Commission had launched an investigation into this case of alleged
torture, illegal detention and enforced disappearance. The investigation was brought to an end
on 31 January 1997 when José Nava was found alive and showing no evidence of having been
tortured.
80.
Cleofás Sánchez Ortega, Pedro Barrios Sánchez, Gonzalo Sánchez Mauricio, Gervacio
Arce Gaspar, arrested in Coyuca de Benítez on 7 July 1996 by members of the State Judicial
Police, were allegedly transferred to Chilpancingo, State of Guerrero, and tortured before being
brought before the Public Prosecutor on 19 July 1996. The Government stated that separate
investigations had been conducted into these cases by the National Human Rights Commission those of Cleofás Sánchez and Gervacio Arce are in abeyance pending resolution. The
investigations concerning Pedro Barrios and González Sánchez were brought to an end by
judicial decision during the proceedings on 3 and 14 May 1998 respectively.
81.
Marcelino Zapoteco Acatitlán, aged 17, and Pedro Valoy Alvarado, arrested
on 8 July 1996 in Chilpancingo, State of Guerrero, by the Preventive Police were allegedly
transferred to and tortured in module 3 of the Colonia Indeco Municipal Police.
Marcelino Zapoteco, was reportedly beaten up by another inmate and died a few days later. The
Government stated that the Human Rights Commission of the State of Guerrero had investigated
the case and submitted its recommendation. In the case of Marcelino Zapoteco, the
recommendation attributed responsibility to and sanctioned two members of the Municipal
Police of Chilpancingo Guerrero and the Director of the Supervisory and Custodial Staff of the
State Reform School for Juvenile Delinquents. It was also recommended that an inquiry should
be carried out to establish whether the hospital’s medical staff had been negligent in providing
medical care to the minor Marcelino Zapoteco and to determine the possible causes of his death.
This recommendation was accepted by the authorities and administrative measures were
accordingly taken, including the removal of the Director of the Supervisory and Custodial Staff
from office.
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