A collegiate Court ordered a federal judge to reinstate the proceeding and dictate a new sentence against Daniel Arizmendi Lopezaliases “The Mochaears”, and his brother Aurelio, for kidnapping crimes in various modalities, carrying a firearm for the exclusive use of the Army, Navy and Air Force, and resistance by individuals, related to five cases of kidnapping registered between 1996 and 1997.
Those sentenced were sentenced to 40 years in prison and a 700-day fine, as well as compensation for the damage to their victims, in February 2017.
However, the First Collegiate Court in Criminal Matters granted an injunction to the complainants with which it revoked the first instance sentence issued by the Court
Thirteenth District of Federal Criminal Proceedings and ordered to issue a new one sufficiently founded and motivated, without taking into account 14 statements by members of the gang of plagiarists, including those sentenced, which were annulled as illegal.
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Likewise, the court instructed the Attorney General’s Office (FGR) to investigate and apply the Istanbul Protocol to the Arizmendi brothers, to establish whether they were actually tortured, as a violation of due process.
“If so, verify if they had an impact on the procedural stage and, if applicable, at the time of definitive resolution, establish the evidentiary exclusion that may eventually derive from it.”
Between 1996 and 1997, the brothers Daniel and Aurelio Arizmendi López committed five kidnappings, for which they received ransoms for a total of 10 million dollars and 8 million pesos, according to the amparo sentence issued by the Collegiate Court.
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