CAT/C/72/D/992/2020
that the blows were meted out “with conscientious and scrupulous care to ensure that no
traces were left” and were intended to “bend the will to the extreme, isolate, cause
psychological terror, continually inflict physical pain, weaken body and psyche and cause
emotional pain, trigger panic and convince of the aggressors’ capacity to inflict pain and
death”. The opinion concluded that ���the examinee has been subjected to acts of torture. There
is consistency between the sources of information on physical and psychological findings,
the life history of the examinee, ... the results of the diagnostic tests carried out, as backed up
by specialist literature, and the signs, symptoms, syndromes and conditions and sequelae
exhibited by the examinee”. The opinion recommended the provision of specialized
psychological assistance. The prison authorities and the judge were repeatedly requested to
provide such psychological assistance, but it never materialized.
2.15 On 18 March 2016, a psychological report was issued by a psychologist from the
Executive Commission for Victim Support. Her findings included the presence of anxiety,
depression and post-traumatic stress disorder.
2.16 On 30 March 2016, another medical opinion was issued by the Executive Commission
for Victim Support. It included a diagnosis of post-traumatic stress disorder, anxiety,
sequelae of an injury to the left shoulder and right ankle caused by blows, and pain upon
moving the right foot.
Domestic remedies
2.17 On 18 May 2013, Florencia Gallardo Martínez, the sister of Mr. Gallardo Martínez,
filed an application for amparo on the grounds of disappearance, incommunicado detention
and torture and risk of deprivation of life.1
2.18 On 19 May 2013, Ms. Gallardo Martínez also reported her brother’s incommunicado
detention and disappearance to the National Human Rights Commission.2 It was on the basis
of that complaint that, on 20 March 2017, the Commission issued recommendation 5/2018,
which attributes to the federal authorities responsibility for unlawful entry, excessive use of
force, arbitrary detention, violation of legal security and failure to investigate complaints of
torture. On 28 February 2018, the Commission filed a complaint with the internal affairs unit
of the federal police and, on 30 August 2018, a second complaint with the Specialized Unit
for the Investigation of Crimes Committed by Public Servants against the Administration of
Justice of the Counsel General’s Office. No progress has been made in relation to either
complaint.
2.19 On 24 May 2013, Ms. Gallardo Martínez also filed a criminal complaint for torture
with the General Directorate for Crimes Committed by Public Servants of the Office of the
Special Prosecutor for Internal Affairs against staff of the Counsel General’s Office. A
preliminary investigation3 was initiated but, to date, no progress has been made.
2.20 In July 2013, Mr. Gallardo Martínez appealed the detention orders issued against him
for the crimes of kidnapping and involvement in organized crime, and filed an application
for amparo for each alleged crime. The appeals were decided in May 2015; procedural
violations were found to have occurred and an order was issued for a new decision to be
handed down to remedy the procedural irregularities in question.
2.21 On 28 May 2014, the complainants filed a complaint against the federal police officers
with the Office of the Special Prosecutor for the Investigation of Torture of the Counsel
General’s Office, and a preliminary investigation4 was opened, although, to date, no progress
has been made.
2.22 In June 2016, Mr. Gallardo Martínez filed an application for amparo whereby it was
agreed that his hair would not be shaved without his consent because doing so undermined
his right to express himself. In retaliation, on 30 and 31 July 2016, he was placed in solitary
confinement.
1
2
3
4
4
Case file No. 614/2013, Third District Court, Oaxaca.
Case file No. CNDH/1/2013/3676/Q.
045/AP/DGCSPI/14.
738/UEIDAPLE/DT/8/2014.
GE.22-01556