Due to procedural defects and possible acts of torture, a Collegiate Court of Mexico City granted a protection a Daniel Arizmendi, alias “El Mochaorejas” and his brother Aurelio Arizmendi, leaders and members of a gang of kidnappers, for alleged violations of due process and because it should be investigated whether they were victims of acts of torture when they were detained in July 1998.
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The Collegiate Court clarified that this amparo is only for the process to be reinstated, but not for them to be released, since both are sentenced to 40 years in prison.
In July 1998, Aurelio and Daniel Arizmendi They were arrested, prosecuted and sentenced for kidnapping 5 people.
They were characterized by their violent way of subduing the victims, even some of them had their ears cut off.
In February 2007, the brothers Arizmendi Lopez They were sentenced to 40 years in prison and the payment of almost 58 million pesos to the victims.
The Arizmendi Lopez brothers they filed an amparo claim, arguing violations of due process and acts of torture.
The file passed an amparo judge, a Unitary Court and until it reached the First Collegiate Court of Mexico City.
The latter detected that a third-year law student accredited himself as a lawyer for one of the defendants, which represented an inadequate defense.
The amparo sentence, which is public, reads: “Then the statements indicated in advance by this collegiate body where the now complainants and some of their co-defendants were assisted by the alleged defender / having been left established that: he is not licensed in law”.
In the case of complaints of torture, It was argued that the medical opinion of one of the detainees showed various injuries to the ribs, a knee with a possible fracture, abrasions and blood scabs.
The sentence reads: “it is noted that there is a possible direct violation of their human rights, deduced from the torture they allege and, therefore, this could have transcendence to their detriment with respect to the result of the claimed sentence / such a circumstance could derive a violation of due process to the detriment of the complainants / the possibility that there could have been acts of torture as a means of intimidation is feasible.”
The Collegiate Court ordered that the detainees undergo the Istanbul Protocol.
The Arizmendi Lopez brothers They will not be released from prison until the present amparo proceeding is resolved.
With information from N+ Mario Torres