José Roberto Acosta Vargas and Edgar Diaz Frias, Army lieutenants, raped a woman inside a military barracks in Nuevo Laredo, Tamaulipas.
The incident occurred in 2013 and 2014 his guilt had been clear, but until December 2015 both were still active.
The rape occurred on Friday , September 20, 2013. A day earlier, at 10:00 pm, the lieutenants José Roberto Acosta Vargas and Edgar Diaz Frias stopped his car in the parking lot of a convenience store for Josefina rise.
Acosta, who was driving, accelerated due to the fair Nuevo Laredo, Tamaulipas, where listen to Calibre 50 group, which plays narcocorridos.
It was the first concert of the group sinaloense tamaulipeco territory and Josefina had planned to attend with her boyfriend, Angel soldier of Jesus Castillejos. In the morning, Angel told him not accompany her, but told him to another military would go with her. He did not say names, only the call to agree. Those who were called lieutenants.
The arena was full. Josefina and her two companions bought Calibre 50 beers and started playing corridos. Just after 2:00 Friday morning, they left the arena and got into the car.
Josefina asked them to take her home, but Diaz grabbed her behind the passenger seat and looked Vargas Acosta route to the barracks Macario Zamora. Arriving at the gate known as "kennels" pushed the woman to the floor of the car and threatened to kill her when she screamed. They entered the headquarters, taken to a room and raped her between them.
During the sexual assault, the lieutenants Josefina hit several times and threatened to kill her family if she reported. Acosta Vargas and Diaz Frias took the fourth Josefina and got into the car. Without revise the guards came out of military installations and abandoned on a street without money or battery cell. She walked at dawn to arrive at 7 am home.
CNDH confirms rape
In April 2014, seven months after the sexual assault, Josefina and her family filed a complaint with the Human Rights Commission of Nuevo Laredo. The case was referred to the National Human Rights Commission (CNDH) because it is a case committed by public servants of federal nature.
"My daughter came to my house until the next day 20 of the same year, in the morning, at approximately 7:00 in the morning ... the wrong note, misaligned (sic) and puzzled because he wore his shoes in hand and his broken blouse ... from that date my daughter changed her character becoming quiet, without going anywhere ... "declared the mother of Josefina to the National Commission of Human Rights (CNDH), who later would confirm the violation .
The CNDH investigated the testimony of Josefina, identified as V in the document, and brought together the statements of other 12 people directly and indirectly involved in the incident. In the file responses lieutenants José Roberto Acosta Vargas and Edgar Diaz Frias, who AR1 and AR2 call are included. Corroborating the fact it issued recommendation 29/2016, addressed to the head of the Secretariat of National Defense (Sedena), General Salvador Cienfuegos Zepeda.
The first evidence provided was a couple of Facebook posts where Josefina next to the aggressors: "Seeing the Calibre 50 with the Monster" and "With my creation ... (in which he appeared Diaz)".
On July 3, 2014, Josefina filed a complaint with the Attorney General's Office (PGR). The next day, with confirmation that Acosta Vargas and Diaz Frias were military, Commander of the First Regiment Motorized Cavalry sent an official letter to the statements of men about what happened. The three denied the woman said.
Passing 10 days, the Directorate General of Human Rights of the Department of Defense notified the initiation of an investigation against "the military involved (if) cometh to constitute a crime strictly linked to military discipline , " referred to in paragraph 16 of the document .
Visitors and psychologists CNDH conducted interviews and psychological assessments family of the victim and witnesses, to confirm the facts. The PGR turned over the complaint to the Special Prosecutor for Crimes of Violence against Women and Trafficking (FEVIMTRA). It declared itself incompetent and referred to the Agency for the Protection of the Family of the Attorney General of Tamaulipas, an institution that integrated a new preliminary investigation, dated November 24, 2014.
The crimes were investigated rape, assault, illegal deprivation of liberty and robbery. This case was conducted under the new system of oral trials in the First Agency with a folder of research.
The alleged perpetrators were sent to other military battalions. On June 1, 2014 Acosta Vargas joined the sixth battalion of the second brigade of special forces in Nogales, Sonora. On 1 October the same year, Diaz Frias arrived at the fifth battalion of the second brigade of special forces in Escobedo, Nuevo Leon.
On October 8, the Internal Control of the Department of Defense determined that both did not play when military aggression functions, so not investigate. The case left it in the hands of the State Attorney, who referred it to Agent Third prosecutors. However, on 28 January 2016 the state body remanded the case to the Attorney General, argued incompetence.
cross statements
The military Acosta Vargas and Diaz Frias gave different statements to agents of the military, federal and state public prosecutor 's offices. Both denied the facts, despite the photographs shown by the victim. The contradictions were rinsed with interviews with the soldiers who stood guard on 19 September 2013. These military identified in the document as spm3, APM4 And SPM7 corroborated the military state police that the two men left the barracks to go to Calibre 50 concert.
The return to the facility, entering through the gate called "kennels" was confirmed by Frias Diaz and other soldiers. Even the testimony of another military identified as SPM10 reveals that on previous occasions Acosta Vargas gave the order to leave access to women.
In later statements, Acosta Vargas and Diaz Frias said they had consensual sex with Josefina. However, the version is questioned by the Commission because before the same soldier refused to meet the victim. Unlike men, the version of V is supported with the statement of the report of the PGJ, the statements of two military and ministerial inspection room where he was assaulted. Given the veracity of the complaint, the Department of Defense awarded compensation for psychological care and V.
The capture of Acosta Vargas and Diaz Frias has not materialized because the Federal Public Ministry argument incompetence to investigate and analyze evidence. Therefore, the CNDH requested the Secretariat of National Defense, Salvador Cienfuegos Zepeda, the recommendation contribution to the preliminary investigation number PGR 3. In addition, the ombudsman Luis Raúl González Pérez asks the military internal control body continue the investigation against the military, which until December 2015 were still active.
From 1990 to 2016 the CNDH has issued 141 recommendations to the Department of Defense. In recent 14 years 5 cases of sexual violence perpetrated by soldiers in Coahuila, Baja California, Chihuahua and within the Military Medical School were checked.
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