CAT/C/75 page 54 254. It should also be pointed out that, according to paragraph 48 of the report, the representatives of CNDH said that their annual statistics and reports included only proven cases of torture, not cases in which complaints had been lodged but torture had not been established. This suggests that CNDH is required to make recommendations only in cases where, in its opinion, torture has been proved conclusively and in keeping with both the Act and its rules of procedure; this does not apply in the cases referred to in paragraphs 25, 38, 39, 77 and 109, in which staff of the Office of the Attorney-General are linked to alleged acts of torture. 255. The following is a comparative table of the status of the complaints received by CNDH relating to alleged acts of torture: Complaints 2001 2002 48 28 7 83 Under consideration - 4 2 6 Pending - - 3 3 48 32 12 92 Completed Total 2000 Total 256. As regards paragraph 33 of the report, on the detention of Rodolfo Montiel Flores and Teodoro Cabrera García by military personnel on 2 May 1999 in Pizotla, Ajuchitan del Progreso, Guerrero, the Defence Department (SEDENA) took the following action in response to CNDH recommendation 8/2000: 1. It conducted preliminary investigation No. SC/300/2000/VII/I, which was closed by the Military Investigating Public Prosecutor’s Office on 3 November 2001 because it did not prove that any wrongful act had been committed by military personnel. 2. The Army and Air Force Inspection and Controller-General’s Office also conducted an investigation, which did not find any evidence of administrative responsibility on the part of military personnel; however, the Office of the Military Prosecutor-General transmitted to it a copy of preliminary investigation No. SC/300/2000/VII/I so that, based on the evidence contained therein, it might determine whether there had been any administrative irregularities. 3. It should be pointed out that CNDH issued its statement because Montiel Flores and Cabrera García had been detained and turned over to the Public Prosecutor’s Office by military personnel, not because any act of torture had been proven against SEDENA personnel. 257. In connection with paragraph 49 of the report on the alleged torture and lengthy detention of Carlos Montes Villaseñor by Defence Department personnel on 13 November 1998 in Pie de la Cuesta, Guerrero, it is reported that the Office of the Military Prosecutor-General instituted