Cabrera Garcia and Montiel Flores v. Mexico (Preliminary Objections, Merits, Reparations and Costs) IACtHR Series C No 220 (26 November 2009)

Date: 26 November 2009

This case deals with facts related to the militarization of Guerrero State in the context of anti-drug measures.  Two environmental leaders in Guerrero State were detained incommunicado and tortured by Mexican military forces for 5 days.  Following the allegations of torture, the military conducted a preliminary investigation.  Both individuals were charged with possession of firearms for the exclusive use of the Army and marijuana.  The Court concluded the detention of both individuals to be arbitrary and in contravention with the Convention.  Additionally, the State was held responsible for committing acts of torture while detained.  Of note, the Court held that military jurisdiction is not appropriate to investigate any form of human rights violations.

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