Guerrero: SCJN decision in case of Inés and Valentina “far from the heights” of the SCJN’s resolution on the Rosendo Radilla case (2010)

May 17, 2015

Inés Fernández y Valentina Rosendo (@Amnistía Internacional)

Inés Fernández and Valentina Rosendo (@Amnesty International)

The Tlachinollan Center for Human Rights, which has provided legal counsel for Inés Fernández and Valentina Rosendo, indigenous women who were raped by soldiers in Guerrero in 2002, expressed in a press-release that the Supreme Court for Justice in the Nation (SCJN) has lost all possibility of contributing to the advance of the human rights of indigenous women.  Following several sessions, the Court justices rejected the call made by the Inter-American Court on Human Rights (IACHR) in its decision on the case of the two indigenous women in 2010: for the Mexican State to open a profound analysis of matters of gender, ethnicity, and sexual torture.

Tlachinollan wrote that “the project approved by the SCJN lamentably fails to indicate precisely which obligations the courts have in terms of the legal processes initiated against the suspected perpetrators of the crimes committed against Inés Fernández Ortega and Valentina Rosendo Cantú, a question that the IACHR had alluded to quite explicitly in its sentencing.”  The communique ends: “this resolution is far from the heights represented by the resolution of the case 912/2010, which has to do with Rosendo Radilla, [an activist who was] disappeared by the military in Guerrero in 1974.  It is illuminating in terms of the present status of the SCJN.”

For more information (in Spanish):

Aprueba SCJN alcances de participación del PJF en sentencias de la CIDH(La Jornada, 11 de mayo de 2011)

COMUNICADO | Concluye SCJN sin un análisis profundo en materia de género y etnicidad la revisión de las sentencias de la CoIDH en los casos de Inés y Valentina (Comunicado del Centro de Derechos Humanos de la Montaña Tlachinollan, 11 de mayo de 2015)

Rechaza la Suprema Corte analizar estándares que pidió la Coidh en el caso de Inés y Valentina (El Sur, 12 de mayo de 2015)

Desechan proyecto para juzgar violencia sexual con visión de género (CIMAC Noticias, 12 de mayo de 2015)

For more information from SIPAZ (in English):

Guerrero/National: SCJN examines IACHR sentence in the case of Inés and Valentina, indigenous women who were raped by the military in 2002 (3 May 2015)

Guerrero: Beginning of legal processes against soldiers presumed to be responsible in the cases of Inés Fernández and Valentina Rosendo (15 January 2014)

Guerrero: NGOs call on Peña Nieto to observe the sentences on Inés Fernández y Valentina Rosendo (5 February 2013)

Guerrero: Valentina Rosendo and Inés Fernández receive recognitions of their struggle (16 November 2012)

Guerrero – briefs: Mexican State recognizes responsibility in case of Valentina Rosendo (21 December 2011)


Guerrero: political prisoner Nestora Salgado, Communal Police Commander from Olinalá, begins hunger strike

May 16, 2015

(@kaosenlared.net)

(@kaosenlared.net)

On 5 May, Nestora Salgado García, commander of the Communal Police from Olinalá, who has been imprisoned in a federal institution in Tepic, Nayarit, since August 2013, began a hunger strike amidst the lack of progress in her legal case.  She expressed that she was prepared to die to demand that this process advance: “I do not believe it is just that I will now have spent two years here, with my legal case arrested.  I have never been had the chance to make a broad statement, nor have my accusers ever presented their charges against me.  They have done nothing with me.  I am losing my life and health.”  Her husband, José Luis Ávila Báez, reported that he would sent a report to the Inter-American Commission on Human Rights (IACHR) to denounce that the precautionary measures which were awarded to Nestora Salgado on 28 January still have not been implemented.

Leonel Rivero Rodríguez, Nestora’s counsel, has pressed the federal government to transfer the prisoner somewhere where she can have her health managed and develop the necessary meetings for her legal case to progress.

Meanwhile, governor Rogelio Ortega Martínez affirmed once again that he has newly requested that the state prosecutor review the case for its nullification.  He added that another step could be taken, as the Popular Movement of Guerrero (MPG) had suggested: that is, to say, an amnesty law.

For more information (in Spanish):

Está Nestora Salgado en huelga de hambre en la cárcel de Tepic; su proceso no avanza, se queja (El Sur, 8 de mayo de 2015)

Nestora Salgado, en huelga de hambre (Proceso, 8 de mayo de 2015)

Mantiene Nestora Salgado huelga de hambre; exigen cambiarla de penal (La Jornada, 10 de mayo de 2015)

El agobio en la prisión orilló a Nestora Salgado a ponerse en huelga de hambre (La Jornada, 10 de mayo de 2015)

For more information from SIPAZ (in English):

Guerrero: IACHR calls on Mexican government to guarantee medical attention to Nestora Salgado (8 February 2015)

Guerrero: Delay in release for Nestora Salgado; her daughter claims to have been threatened by phone (5 February 2015)

Guerrero: Death-threat directed against Nestora Salgado’s daughter and Communal Police commander from Olinalá (25 October 2014)

Guerrero: A year after Nestora Salgado’s arrest, organizations demand her immediate release (2 September 2014)


Guerrero: Ayotzinapa – seven months of impunity and struggling for justice

May 3, 2015
DSCF4155

Photo @SIPAZ

On 26 April, 7 months after the forcible disappearance of the 43 students from the Ayotzinapa Rural Normal School, some 400 people installed in Mexico City an “antimonument” to commemorate the fact that this State atrocity continues to go unresolved.  After the antimonument was installed, Melitón Ortega, one of the parents of the disappeared students, stressed that seven months have passed during which the relatives of the disappeared have sought justice and truth, but these months have also implied a great deal of pain and frustration.  Ortega demanded that the Federal Attorney General’s Office attend to the recommendations of the interdisciplinary group of experts from the Inter-American Commission on Human Rights to open new lines of investigation in the case, and to analyze the presumed participation of the military and the former governor Ángel Aguirre in the State crime.

On 23 April, Cuitláhuac and Lenin Mondragón attended the tenth Latin American Conference on Critical Jurisprudence “For Memory and Against Forgetting” that was held at the Center for Interdisciplinary Investigations in the Sciences and Humanities at the National Autonomous University of Mexico (UNAM).  They denounced that the murder of Julio César (the only one of the 43 youth whose remains have been found) has not been adequately covered by the Federal Attorney General’s Office (PGR), for the Guerrero state authorities have not carried out a “scientific investigation” to find and punish those responsible.  They demanded that the authorities provide justice in the case against the students, punishment of the intellectual and material authors of the crime, compensation of damages to the relatives of the disappeared in accordance with international standards, promises of non-repetition, the opening of new lines of investigation, and a formal recognition of the forcible disappearance of the 43 students, the extrajudicial murder of another six persons, including Julio César, and a recognition that Julio was tortured before his murder.

To demand justice, the defense lawyer Sayuri Herrera announced to SDP News that the family-members would request a summons before the Inter-American Court on Human Rights (IACHR) to denounce the case, given that, from their view, enough evidence exists to show that Julio César indeed was tortured.

For more information (in Spanish):

Impunidad, principal ganadora, dicen dos familiares de estudiante desollado (La Jornada, 24 de abril de 2015)

Llevarán a la Corte Interamericana asesinato del normalista Julio César Mondragón (SPDNoticias, 23 de abril de 2015)

Instalan antimonumento contra la impunidad por Ayotzinapa (La Jornada, 27 de abril de 2015)

Ayotzinapa: Siete meses de impunidad y lucha por la justicia (Centro ProDH, 27 de abril de 2015)

For more information from SIPAZ (in English):

Guerrero/International: Brigade for Ayotzinapa travels to Europe (24 April 2015)

Guerrero: IACHR experts confirm that the Ayotzinapa case is a forcible disappearance and a crime against humanity (10 April 2015)

Guerrero: Arrival of IACHR group to Mexico provides hope in the Ayotzinapa case (6 de marzo de 2015)

Guerrero: Investigation “based in scientific proof” requested in the Ayotzinapa case (1 March 2015)


Guerrero/National: SCJN examines IACHR sentence in the case of Inés and Valentina, indigenous women who were raped by the military in 2002

May 3, 2015

Inés y Valentina (@Tlachinollan)Inés and Valentina (@Tlachinollan)

On 21 April, the plenary of the Supreme Court for Justice in the Nation (SCJN) began a discussion regarding the sentence provided by the Inter-American Court on Human Rights (IACHR) in August 2010 which condemned the Mexican State for the violation of the human rights of Valentina Rosendo Cantú and Inés Fernández Ortega, indigenous women who were sexually assaulted by soldiers in Guerrero state in 2002.

Valentina and Inés have requested that the SCJN treat their case as it did the Radilla case (a forcible disappearance, also from Guerrero state) to determine the obligations of the judiciary amidst the sentences emitted by the IACHR.  They believe that the discussion within the Supreme Court is critically important, as this could lead to penal processes against soldiers with a focus on sexual torture and the administration of justice with a sensitivity to matters of gender and ethnicity, among other questions.

The Tlachinollan Mountain Center for Human Rights, which has provided counsel for the two indigenous women, has declared that the process of debate “opens the possibility that the SCJN would recognize the symbolic struggle for justice that both women have undertaken, and to hand down criteria that would help indigenous women experience better conditions in their search for justice.  Above all, it would contribute to the cause of having sexual torture by investigated and adequately judged in Mexico.”

However, during one of the initial sessions, the SCJN decided to exclude from consideration the constitutionality of part II of the new article 57 of the Military Justice Code, which has to do with military tribunals.  Civil-society organizations present at the session expressed their concern due to this evident lack of concern for a deep analysis of the question.

For more information (in Spanish):

COMUNICADO “Inicia la SCJN discusión sobre las obligaciones del Poder Judicial de la Federación frente a las sentencias dictadas por la Corte Interamericana de Derechos Humanos en los casos de Inés Fernández y Valentina Rosendo” (Centro de Derechos Humanos de la Montaña Tlachinollan, 21 de abril de 2015)

Discute SCJN sentencia de CIDH por violación a indígenas en 2002 (La Jornada, 21 de abril de 2015)

Resoluciones de COIDH son obligatorias (El Universal, 21 de abril de 2015)

SCJN no revisará ley militar en caso de Valentina Rosendo e Inés Fernández (La Jornada, 23 de abril de 2015)

For more information from SIPAZ (in English):

Guerrero: Beginning of legal processes against soldiers presumed to be responsible in the cases of Inés Fernández and Valentina Rosendo (15 January 2014)

Guerrero: NGOs call on Peña Nieto to observe the sentences on Inés Fernández y Valentina Rosendo (5 February 2013)

Guerrero: Valentina Rosendo and Inés Fernández receive recognitions of their struggle (16 November 2012)

Guerrero – briefs: Mexican State recognizes responsibility in case of Valentina Rosendo (21 December 2011)


National/International: Conclusions of the Fifth High-Level Dialogue on Human Rights between the European Union and Mexico

April 24, 2015

Mexico_UE

Upon the conclusion of the Fifth High-Level Dialogue on Human Rights between the European Union (EU) and Mexico, a meeting which took place in Tlatelolco, between the Mexican State and an EU representative, the bilateral agreements that had been arranged were announced.  During this fifth edition of the Dialogue, the recommendations from the Third Seminar of Civil Society were contemplated in terms of the question of the strengthening of the State of Right; the situation of the rights of migrants, refugees, and the displaced; the situation of children and adolescents; and respect for firms and human rights.

The civil society concluded that the present crisis of severe human-rights violations has been made possible due to the levels of corruption and impunity and the lack of effective mechanisms to prevent, investigate, punish, and compensate for human-rights violations.  In this sense, they call on the EU and Mexican governments to observe these same standards for respect for human rights that they demand from other countries.  In addition, they called on the authorities to carry out effective investigations that will guarantee the appropriate penal and administrative sanctions for those responsible and guarantee the adequate classification of human-rights violations.  Specifically with regard to the Ayotzinapa case, the civil society calls on the Mexican State to “implement the recommendations released by the Interdisciplinary Group of Independent Experts empowered by the Inter-American Commission on Human Rights to put an end to forcible disappearances.”  Similarly, the civil-society organizations have demanded the creation of a transnational mechanism for the immediate search and rescue of disappeared peoples, in consultation with their families.

As an agreement within the Dialogue, Mexico and the EU commit themselves to strengthening three of the areas of their bilateral relations: to prevent and combat the employment of torture, to register all those forcibly disappeared, as well as to advance the mission of the Mechanism of Protection for Journalists and Human-Rights Defenders.

For more information (in Spanish):

Tlatlaya y Ayotzinapa, temas en el diálogo entre México y Unión Europea (La Jornada, 17 de abril de 2015)
Conclusiones del Tercer Seminario de la Sociedad Civil en el marco del Quinto Diálogo de Alto Nivel sobre Derechos Humanos entre México y la Unión Europea (CDHFBC, 16 de abril de 2015)

Exigen ONG mexicanas y europeas a Peña acatar recomendaciones sobre tortura (Proceso, 16 de abril de 2015)

México debe acatar recomendaciones de CIDH: ONGs (El Universal, ‎16 de abril de 2015‎)

Pactan México y UE promoción de derechos humanos y democracia (El Universal, 15 de abril de 2015)

For more information from SIPAZ (in English):

National/International: Mexico confronts a “humanitarian crisis” amidst context of violence and impunity, denounces civil society in Brussels (30 March 2014)


Guerrero: IACHR experts confirm that the Ayotzinapa case is a forcible disappearance and crime against humanity

April 10, 2015

20150205_164829Photo @SIPAZ

The first report from the Interdisciplinary Group of Independent Experts (GIEI), a branch of the Inter-American Commission on Human Rights (IACHR), indicates that the forcible disappearance of the 43 students on 26 and 27 September 2014 in Iguala amounts to a crime against humanity.  The families of the youth and the organizations which accompany them welcomed this first conclusion from the GIEI.  They expressed that the primary recommendations, which call on the Mexican State to treat the case as a forcible disappearance, gives the hope that justice and truth will soon prevail.  Among the requests made by the Group, stress is placed on gaining access to a digital copy of the evidence that is available to the Federal Attorney General’s Office (PGR), treating the case as a forcible disappearance, establishing a mechanism of medical attention for the relatives in the region, and urgently providing the comatose student Aldo Gutiérrez with a second neurological evaluation, beyond protecting the evidence that exists and continuing with the searches.

On 23 March, relatives of the students and representatives of civil organizations announced that the Mexican government lied to the IACHR during the audience on “Denunciations of forcible disappearance and impunity in Mexico.”  Manuel Olivares, director of the “José María Morelos y Pavón” Center for Human Rights, located in Chilapa, Guerrero, denounced that, contrary to what the State officials said, there existed no search protocol in the Ayotzinapa case, and that the demand for the presentation with live of the students has not been met, either.  “The response from the State is highly inadequate,” he concluded.

In other news, the report indicates that two units from the Reaction Force of the 27th Infantry Batallion, based in Iguala, were patrolling the streets from 11pm on 26 September until 6am the next day.  The soldiers saw the dead, invaded the hospitals in which the injured were found, and were fully knowledgeable of the gunfire and attacks.  On 27 September, the students were looking for their disappeared comrades in the streets, while others made reports to the Ministry of the Interior, but the report from the patrols provided by the 27th Batallion that day claims it to have been a day “without news.”  This information is contained within one of the documents provided to Proceso by the Secretary for National Defesne (SEDENA) in accordance with the Law on Transparency.

For more information (in Spanish):

Familiares de normalistas saludan informe de expertos de CIDH, que acusa desaparición forzada (Centro Prodh, 20 de marzo de 2015)

Insatisfactorias, respuestas de Estado ante CIDH por desaparición forzada (Centro Prodh, 23 de marzo de 2015)

En manos del PJF, petición de la CIDH sobre desaparición forzada (La Jornada, 24 de marzo de 2015)

Ayotzinapa: sus propios informes comprometen al Ejército (Proceso, 21 de marzo de 2015)

For more information from SIPAZ (in English):

Guerrero: Arrival of IACHR group to Mexico provides hope in the Ayotzinapa case (6 de marzo de 2015)

Guerrero: Investigation “based in scientific proof” requested in the Ayotzinapa case (1 March 2015)

Guerrero: Amnesty International accuses PGR of failure to investigate participation of the Army in the Ayotzinapa case (5 February 2015)

Guerrero: further update in the Ayotzinapa case (29 December 2014)


Chiapas/International: Grave situation of defenders denounced before the UN Human Rights Council; “We Are All Female Defenders” gives presentation

March 21, 2015

Foto @  RIDH | Panorama diplomático

Photo @RIDH | Panorama diplomático

In observance of the twenty-eighth session of the United Nations Human Rights Council (UNHRC), Consorcio for Dialogue and Equity Oaxaca (Consorcio Oaxaca), the Campesino Organization of the Southern Sierra, and the Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH) denounced the climate of hostility and violence in which they carry out their work in defense of human rights in Mexico.  “We are here to denounce that the Mexican government is failing to protect human-rights defenders,” noted Yésica Sánchez, director of Consorcio Oaxaca. For her part, Norma Mesino, a member of the Campesino Organization of the Southern Sierra (OCSS), indicated that the goal of the visit was to raise awareness about “the Mexican government denies us the right to justice” as female human-rights defenders.  In her case, the precautionary measures needed to protect her life were only granted after being ordered by the Inter-American Commission on Human Rights (IACHR).  “We want the international community to focus itself on Mexico and demand that the government observe human rights,” she added.

These defenders participated together with the UN Special Rapporteur on human-rights defenders during the event, and the CMDPDH campaign called “#MakeThemVisible” was launched, toward the end of sharing the life-stories of 40 female human-rights defenders in Mexico.

Beyond this, in San Cristóbal de Las Casas, Chiapas, the report “We Are All Female Rights-Defenders” wa presented.  This provides a national diagnostic regarding the situation of attacks on female human-rights defenders and the type of violence they have suffered–in the majority of cases, at the hands of State agents.

For more information (in Spanish):

Defensoras de derechos humanos mexicanas denuncian en la ONU falta de garantías para ejercer su labor (RIDH – Panorama diplomático, 9 de marzo de 2015)

La lucha de las mujeres defensoras en un México de violencia e impunidad (Animal Político, 9 de marzo de 2015)

Participa Consorcio Oaxaca en Diálogo “Contexto de la violencia en México y su impacto en las mujeres defensoras de DH” frente al Relator de la ONU (Consorcio Oaxaca, 9 de marzo de 2015)


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