Chiapas: Hunger Strikers’ Lives at Risk

Photo: frayba

On July 18th, 2019, the families of the prisoners on hunger strike began a fast outside the doors of the Government Palace of Chiapas, to make a new appeal to the governor of Chiapas, Rutilio Escandon, to address the situation of their relatives.

On March 15th, 2019, Marcelino Ruiz Gomez, prisoner in CERSS No. 10 (Comitan), as well as Adrian Gomez Jimenez, Juan de la Cruz Ruiz, Abraham Lopez Montejo and German Lopez Montejo, currently imprisoned in CERSS No. 5 (San Cristobal de Las Casas), began a hunger strike as a form of protest for the injustice and discrimination they suffered during their legal process. They reported that they obtained sentences of between 20 to 25 years in prison, for crimes they did not commit and that their statements were extracted under torture. In addition, their trials are full of violations of due process.

At this moment, according to the reports of Doctors of the World, Switzerland, an international organization that works in the defense of the right to health and provides accompaniment to Juan, Adrian, Abraham and German, the situation in which the prisoners on hunger strike in the San Cristobal de Las Casas prison is worrying, their health has deteriorated badly.

“The risk to the health of the prisoners on hunger strike is increased by the lack of conditions inside CERSS. No. 5 due to medical malpractice in their care and the indifference of the government of the State of Chiapas to see to their demands. Especially, the denial of drinking water has caused diseases such as salmonellosis. Other complications are: tachycardia, liver and kidney problems, gastrointestinal diseases and anxiety.”

According to the bulletin of the Fray Bartolome de Las Casas Center for Human Rights, “the struggle of prisoners on hunger strike demonstrates the critical situation of a system that does not guarantee justice and where prisons become centers of ‘social cleansing’, to which poor people, indigenous people, who can not afford a lawyer to make an adequate defense are subjected. Therefore, we remind the authorities of the State of Chiapas to take into account the Set of Principles for the protection of all persons subjected to any form of detention or imprisonment of the United Nations Organization where they indicate that: Every person submitted to any form of detention or imprisonment will be treated humanely and with due respect for the inherent dignity of the human being.”

For more information in Spanish:

“Nuestra lucha es justa, ni barrotes nos detendrán, ni gobiernos, ni alcaides, ni directores o funcionarios públicos, nada ni nadie nos callará.” Denuncia de los presos en Huelga de Hambre, 18 de julio de 2019

Verdad, justicia y libertad para presos en huelga de hambre en Chiapas, CDHFBLC, 18 de julio de 2019

 

En riesgo la vida de 4 presos indígenas que cumplieron 67 días en huelga de hambre, Chiapas Paralelo, 19 de julio de 2019

Indígenas presos en Chiapas suman 65 días en huelga de hambre, La Jornada, 18 de julio de 2019

For more information from SIPAZ:

Chiapas: After over 100 Days on Hunger Strike, Prisoners Need Appropriate Medical Attention and Continue to Demand Freedom (June 27, 2019)

Chiapas: Plantón y Ayuno en Solidaridad con Presos en Huelga de Hambre (a 84 días de su inicio), (June 6th, 2019)

Chiapas: Indigenous Prisoner Released after 16 Years Awaiting Sentencing and 60 Days Hunger Strike (May 26, 2019)

Chiapas: Six Prisoners Resume Indefinite Hunger Strike in San Cristobal and Comitan Prisons (May 17, 2019)

Little Progress 60 Days after Start of Hunger Strike in Various Sate Prisons (May 15, 2019)

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Chiapas: After over 100 Days on Hunger Strike, Prisoners Need Appropriate Medical Attention and Continue to Demand Freedom

@No estamos todxs

Prisoners, victims of torture and cruel treatment in Chiapas, have already spent more than 100 days on hunger strike since they began their demand for justice and their freedom.

Adrian Gomez Ruiz, Juan de la Cruz Ruiz, Abraham Lopez Montejo and German Lopez Montejo, are on hunger strike at the State Center for the Social Reintegration of the Sentenced (CERSS in its Spanish acronym) No. 5, in San Cristobal de Las Casas; and Marcelino Ruiz Gomez in the CERSS No. 10, in Comitan de Dominguez. All of them have denounced violations of their human rights, inter alia, for torture and cruel, inhuman and/or degrading treatment during their detention and deprivation of liberty.

On several occasions these prisoners have reported omission and negligence in the care of their health, which is the responsibility of the Mexican State as they are in custody. On June 20th, 2019, it was reported that they are denied the right to immediate access to drinking water. Due to the above, they manifest liver and kidney problems, which represent a serious and progressive deterioration in their physical and emotional health, exacerbated by being on hunger strike.

They reported that the government of the state of Chiapas has not adequately and promptly resolved their request for freedom, so despite the deterioration in their health they have decided to continue their hunger strike.

In a document published on June 25th, 2019, the Fray Bartolome de Las Casas Center for Human Rights, the relatives of the prisoners and the Working Group No EStamos Todxs demanded that the Government provide adequate medical attention that guarantees the right to health of the five prisoners. They urged it to immediately resolve their request for freedom due to the violations of their human rights committed during their detention and in their legal proceedings.

For more information in Spanish:

Presos víctimas de Tortura en huelga de hambre urgen atención médica en Chiapas, Frayba 25 de junio de 2019

Necesidad de atención médica de Germán López Montejo, Grupo de trabajo No estamos Todxs, 25 de junio de 2019}

“Libertad o muerte”: indígenas presos en Chiapas cumplen 100 días sin comer, Contralinea, 24 de junio de 2019

For more information from SIPAZ:

Chiapas: Plantón y Ayuno en Solidaridad con Presos en Huelga de Hambre (a 84 días de su inicio), (June 6th, 2019)

Chiapas: Indigenous Prisoner Released after 16 Years Awaiting Sentencing and 60 Days Hunger Strike (May 26, 2019)

Chiapas: Six Prisoners Resume Indefinite Hunger Strike in San Cristobal and Comitan Prisons (May 17, 2019)

Little Progress 60 Days after Start of Hunger Strike in Various Sate Prisons (May 15, 2019)

Chiapas: Frayba Denounces Intensification of Attacks against Indigenous Peoples since December 2018

On May 27th, the Fray Bartolome de Las Casas Center for Human Rights published a bulletin warning that, “aggressions against peoples, communities and organizations have intensified as part of a strategy to contain civil and peaceful resistance in defense of territory.” Two years after the Constituent Assembly of the Indigenous Council of Government (CIG in its Spanish acronym), of the National Indigenous Congress (CNI in its Spanish acronym).

It illustrated the statement by referring to the six indigenous defenders who have been murdered so far in 2019, as well as mentioning the CNI’s own denunciations since December 2018 with situations of “dispossession, forced displacement, arbitrary detention, forced disappearances, threats, harassment, criminalization and attempts of executions.”

Frayba denounced that “this logic of war against the peoples that build autonomy, is reproduced in the increase of militarization of Zapatista territories, especially the incursions, flights and espionage of the Mexican Army to the headquarters of the Junta de Buen Government Toward Hope, in La Realidad Caracol (Official Municipality of Las Margaritas). This containment is deepened by the presence of the National Guard in the region, which increases risks to the integrity and security of the population.”

In this context, Frayba demanded that the Mexican State: “Cease the attacks against peoples, communities and organizations that make up the National Indigenous Congress; justice for the defenders and communicators murdered in the country; and high militarization in Chiapas and Mexico.”

For more information in Spanish:

Contrainsurgencia a Pueblos Originarios que construyen la vida digna (CDH Fray Bartolomé de Las Casas, a 27 de mayo de 2019)

Las agresiones contra pueblos originarios se intensifican: Frayba (La Jornada, 29 de mayo de 2019)

For more information from SIPAZ:

Guerrero: Two Members of CRAC-PF and CIPOG-EZ Murdered (May 28, 2019)

Guerrero: CNI Denounces Kidnapping and Murder of Two Members (May 11, 2019)

Chiapas: denuncian dos comunidades choles de Salto de Agua amenazas, persecución y hostigamientos (El 22 de abril de 2019)

National: Third Assembly of National Indigenous Congress and Indigenous Council of Government (CNI-CIG) in Mexico City (March 14, 2019)

Chiapas : CNI denuncia amenazas y agresiones en la zona Norte (El 16 de agosto de 2018)

Oaxaca/International: Oaxaca Consortium Presents Damian Gallardo Case to UN Committee against Torture (CAT)

On May 16th, the Oaxacan organization Consortium for Parliamentary Dialogue and Equity filed a complaint with the United Nations Committee Against Torture (CAT) within the framework of the 66th period of sessions of that body, for torture and serious violations of the guarantees of the defender of human rights, Damian Gallardo Martinez from his detention on May 18th, 2013 until his release on December 28th, 2018. It is worth noting that, since 2002, one of the powers of the CAT is to be able to hear individual complaints.

Consortium explained that by resorting to this mechanism “justice is sought not only in the individual case but to generate a precedent that transcends and ends with the criminalization of social protest and the use of torture in arbitrary arrests of defenders in Oaxaca.” It recalled that “Gallardo Martinez was arbitrarily detained on May 18th, 2013, within the framework of the criminalization of the teachers’ struggle and social protest, deployed during the presidency of Enrique Peña Nieto against opponents of the “educational reform””; and that “during the administration of Enrique Peña Nieto, at least 141 arbitrary detentions of defenders in Oaxaca have been documented.”

Consortium also emphasized that “in the case of the state of Oaxaca, there is not a single sentence for torture to date”; and that “at national level, sentences are also very rare.” It indicated that in the case of Gallardo Martinez, after six years of denouncing torture, “progress in the investigations is null and void”, which is why it “decided to seek justice at the international level by filing a complaint with the United Nations.”

The complaint asked the CAT to urge the Mexican State to prosecute, and punish with appropriate penalties all state agents and authorities responsible for violations of the Convention Against Torture as well as to fully compensate for the damage suffered, including “a public acknowledgment of responsibility that impacts on the cessation of the criminalization of social protest in Oaxaca”; among other demands.

For more information in Spanish:

Denuncia ONG a México ante la ONU (Vanguardia, 18 de mayo de 2019)

Denuncia al Estado mexicano por tortura (NVI Noticias, 17 de mayo de 2019)

Frente a impunidad en el país se denuncia ante la ONU a Estado Mexicano por Tortura en el caso de Damián Gallardo Martínez (Consorcio, 16 de mayo de 2019)

For more information from SIPAZ:

Oaxaca : Exigen atención para 33 personas defensoras de derechos humanos bajo procesos judiciales (3 de agosto de 2018)

Nacional/Oaxaca: German Coordination for Human Rights in Mexico (April 10, 2017)

Oaxaca: Demand for the immediate release of Damian Gallardo (December 30, 2014)

Oaxaca: 16 months after the imprisonment of Damian Gallardo, and following call from the UN, there is no response from the Mexican State (October 12, 2014)

Oaxaca/National: Assault on teacher Damian Gallardo in a prison of Jalisco (June 13, 2014)

Chiapas: Indigenous Prisoner Released after 16 Years Awaiting Sentencing and 60 Days Hunger Strike

Chiapasparalelo: After 16 years without sentence and 60 days on hunger strike, tortured indigenous prisoner is released

On May 14th, 60 days after starting a hunger strike along with five other companeros, Juan Perez Alvarez was released from the Social Reintegration Center for the Sentenced No.10 (CERSS 10) in Comitan de Dominguez, having spent 16 years in detention. His release was granted for penitentiary benefits of work and conduct.

The indigenous argued that he was arrested in 2003 without an arrest warrant, while moving to his place of work, then, was approached by security authorities to force him to sign blank papers and self-incriminate under torture for a crime he did not commit.

Given the irregularities of his arrest and accusation of kidnapping, Perez Alvarez decided to start a hunger strike, despite being diabetic, which represented a serious risk to his health and life.

The Working Group “No Estamos Todxs”, an organization that accompanies prisoners, warned about the fact that the Public Ministry can appeal the decision to release him, and therefore they ask him to present himself within 20 days, which could lead to his detention again.

“It has been 16 years and two months of life stolen, long years in which our compañero has had to live separately from his family, deprived of seeing his children grow up. Years of confinement and injustice that there is no way to recover, serious damage to his life and integrity, impossible to repair”, the Working Group stated.

They, also spoke about the situation of the prisoners who are still on hunger strike since March 15th to say that Adrian Gomez Jimenez, a hunger striker imprisoned in the CERSS no. 5 in San Cristobal de Las Casas, had to be transferred on May 22nd to the Hospital de las Culturas, in the same locality, for a severe infection in the urinary tract due to dehydration and a decrease in his defenses that derive from the lack of food intake.

For more information in Spanish:

Tras 16 años sin sentencia y 60 días en huelga de hambre, liberan a indígena torturado, Chiapasparalelo, 22 de mayo de 2019

INIKETIK EN RESISTENCIA ANUNCIA LA LIBERACION DEL COMPAÑERO JUAN PEREZ ALVAREZ, Grupo de Trabajo No estamos Todxs, 19 de mayo de 2019

For more information from SIPAZ:

Chiapas: Six Prisoners Resume Indefinite Hunger Strike in San Cristobal and Comitan Prisons (May 17, 2019)

Little Progress 60 Days after Start of Hunger Strike in Various Sate Prisons (May 15, 2019)

Chiapas: Press Conference for Prisoners on Hunger Strike (May 7, 2019)

Chiapas: Chiapas Prisoners Enter Fourth Week of Hunger Strike (April 8, 2019)

Chiapas: Thirteen Prisoners on Hunger Strike (March 24, 2019)

Chiapas: Six Prisoners Resume Indefinite Hunger Strike in San Cristobal and Comitan Prisons

@SIPAZ

On May 13th, a press conference was held by the organizations The Voice of Indigenous in Resistance (La Voz de Indigenas en Resistencia), The True Voice of Amate (La Voz Verdadera del Amate) and Viniketik in Resistance (Viniketik en Resistencia), their families, the working group No Estamos Todxs and the Fray Bartolome de Las Casas Center for Human Rights to announce the resumption of an indefinite hunger strike by six people “in the absence of an adequate response from the government.” Six indigenous prisoners had begun a hunger strike on March 15th this year, demanding their immediate release and denouncing the conditions of life inside the prison in terms of food, health, security and justice. Shortly after, another seven prisoners joined the strike.

In a subsequent press conference, on April 12th, they announced that their hunger strike became a partial fast while a negotiating table with the government was opened. However, this process did not prosper: “We make public that our relatives and we have been the object of mockery and object of lies on the part of the Government by named: Ismael Brito Mazariegos together with the President of the Reconciliation Table, because last April 15th they asked our relatives to lift the hunger strike in exchange for the review of our files and followed by our freedom, but we gave an “show of trust” demonstrating our trust by making the strike a fast, eating every three days, so that a period of 20 working days was given. The Reconciliation Board emphasized that it would take them ten days, but like any official they do not care about our physical health, but we have not seen satisfactory answers from them.” The prisoners added that “they have faced discrimination and have witnessed that the government did not comply with the necessary measures to guarantee access to justice” and that “they do not have an adequate defense, because they are in a situation of cultural, social and economic marginalization.”

In addition, they questioned the absence of an “in-depth investigation” of the accusations of torture and fabrication of files that is “an everyday practice” and “habitual with which it locks people up and that immediately dismantles all that discourse of ‘Rule of Law’ with which fill the mouth and bags (sic.).”” The State seeks to perpetuate torture with its denial,” they denounced.

The conference took place 18 days after the presentation of the “Alternative Report of Civil Society Organizations of Mexico” before the Human Rights Council of the United Nations (UN) on torture in Mexico. This report confirms that “there are structural causes, scale and specific characteristics of torture committed against indigenous people and peoples.” The UNCAT will present its conclusions on May 17th.

For more information in Spanish:

Comunicado de regreso a la huelga de hambre ante la falta de respuesta adecuada del gobierno (Grupo de trabajo No estamos Todxs el 14 de mayo de 2019)

Inician presos huelga de hambre en Chiapas (El Universal el 13 de mayo de 2019)

Reos indígenas reinician huelga de hambre; alegan detención ilegal y tortura (El Proceso el 14 de mayo de 2019)

Denuncias por tortura no se investigan en Chiapas (Centro de Derechos Humanos Fray Bartolomé de las Casas el 13 de mayo de 2019)

For more information from SIPAZ:

Little Progress 60 Days after Start of Hunger Strike in Various Sate Prisons (May 15, 2019)

Chiapas: Press Conference for Prisoners on Hunger Strike (May 7, 2019)

Chiapas: Chiapas Prisoners Enter Fourth Week of Hunger Strike (April 8, 2019)

Chiapas: Thirteen Prisoners on Hunger Strike (March 24, 2019)

Little Progress 60 Days after Start of Hunger Strike in Various Sate Prisons

Prisoners’ relatives (@“No estamos todxs” Working Group)

On May 7th, the “No estamos todxs” Working Group published a statement on the situation of prisoners on hunger strike almost 60 days after starting it.

It recalled that on March 6th, six prisoners in different prisons of the State of Chiapas initiated this action demanding “justice and immediate and unconditional release,” with seven more inmates initiating an indefinite strike three days later. At the same time, relatives and friends, ex-prisoners and different civil and social organizations began “dissemination, accompaniment and denunciation activities, adding to the same demands.”

The Working Group again denounced that “the legal processes of these people are plagued by irregularities and serious violations of their human rights. Arbitrary arrests without arrest warrants, humiliation of dignity, fabrication of crimes, statements extracted under torture, lack of translator, loss of files, violation of the right to an adequate defense, delays of up to 14 years in obtaining a sentence, lack of presence of the accusatory party, among others.”

Before the strike, the state government opened a dialogue process between March 20th and 29th to address the following issues: review and study of the files and files; improvements in the conditions of the strikers (ending isolation, degrading treatment, threats and coercion); as well as investigation and immediate, effective and adequate documentation of the cases of allegations of torture. The relatives left the negotiating table after that, noting in a press conference “the discrimination they felt on the part of government interlocutors and the lack of real interest in solving the demand for freedom.” They demanded the state and federal government to create a “suitable space, with competent authorities and decision-making capacity that could fully meet the demands of this process of struggle”

On April 10th, a new process of dialogue began in which the state government asked to review the files without additional “pressure” from the strikers. By that time, 20 people were participating in the process, and “symbolically” agreed to give the authorities 20 days to show progress, a deadline that ends on May 13th. Meanwhile the strikers decided to eat food every third day “so that their agency has the capacity to return to the hunger strike in case their demands are not heard.”

The Working Group affirmed that to date “beyond the administrative management of the conflict itself, there has been no progress in concrete responses. Alluding to the workload, the holiday period, the difficulty of the agenda and communication problems with other agents necessary for progress, they have been delaying the processes and avoiding giving concrete answers about the real situation of the evolution of the procedures to find a solution to the conflict.”

It is worried that, “there is nothing to suggest an exit other than the extreme action of a hunger strike demanding justice and freedom. Everything points to the integrity, health, safety, life of these people, as well as their freedom, it is not something that is on the agenda of the government. The changes, of which they boast so much in their speeches, do not seem to coincide with the reality of their actions and that the only alternative in the search for justice is to risk life to try to achieve it.”

For more information in Spanish:

A casi 60 días del inicio de la huelga de hambre en los penales del Estado de Chiapas y sin respuestas concretas en la resolución del conflicto (Grupo de Trabajo “No estamos todxs”, 7 de mayo de 2019)

Sin respuesta, presos indígenas se mantienen en huelga de hambre (Sie7e de Chiapas, 8 de mayo de 2019)

For more information from SIPAZ:

Chiapas: Press Conference for Prisoners on Hunger Strike (May 7, 2019)

Chiapas: Chiapas Prisoners Enter Fourth Week of Hunger Strike (April 8, 2019)

Chiapas: Thirteen Prisoners on Hunger Strike (March 24, 2019)