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: Homage to Rosendo Radilla Pacheco, disappeared by the Army

March 15, 2014

rosendo radilla

Coinciding with the centenary of the birth of the activist Rosendo Radilla Pacheco, who was forcibly disappeared by Army elements in 1974, relatives and members of social organizations have rendered him an homage in Atoyac de los Libres, demanding punishment of the perpetrators of his disappearance.

“100 years have passed in the life of Rosendo; for us this is a very special date, because as family we cannot let this important date pass because this man struggled greatly for his people, and though we do not have him with us anymore, we remember him with much tenderness,” said Tita Radilla, Rosendo’s daughter and president of the Association of Relatives of the Detained, Disappeared, and Victims of Human-Rights Violation (AFADEM).

Although the Inter-American Court on Human Rights (IACHR) released a sentence condemning the Mexican State for grave human-rights violations, Tita Radilla has criticized the lack of observance of said sentence on the government’s part: “yes there has been compensation, but due to security concerns I would rather not disclose the amount.  The problem is not this; the problem is the hope that we would like to share with the families of the disappeared.  We always think that if we found Rosendo, then there would be hope among the people: we continue with this hope, but it takes its toll.  I am now 62 years old.”

For more information (in Spanish):

Celebran centenario de Rosendo Radilla en Guerrero (El Universal, 1 de marzo de 2014)

Activistas y familiares rinden homenaje a Rosendo Radilla (Terra, 1 de marzo de 2014)

Celebran deudos 100 años del nacimiento de Rosendo Radilla (La Jornada de Guerrero, 2 de marzo de 2014)

Caso Rosendo Radilla Pacheco (Comisión Mexicana de Defensa y Promoción de los Derechos Humanos)

For more information from SIPAZ (in English):

Guerrero: Soldiers harass Tita Radilla in Atoyac (7 December 2013)

Guerrero/National: SCJN affirms observance of IACHR sentences in Radilla and Cantú cases (28 September 2012)

Guerrero briefs: The PGR should report on the Radilla case (13 December 2011)

Guerrero – briefs: government announces installation of Commission of Truth and Tita Radilla receives recognition (28 November 2011)

Guerrero – briefs: State accepts responsibility in Radilla case in absence of relatives (27 November 2011)

National: NGOs request SCJN resolve affairs relating to military tribunals in 32 cases

June 17, 2012

Relatives of Bonfilio Rubio Villegas, one of the cases before the SCJN (@Tlachinollan)

On 12 June, more than 76 Mexican civil human-rights organizations called on the Supreme Court for Justice in the Nation (SCJN) to expedite its review of 28 cases, some of them begun in 2011, that have to do with military courts.  These cases are currently found in the Maximum Tribunal; the demand is that the SCJN decide if military or civil courts are more appropriate. are in fact competent.  The NGOs recommend that these affairs be resolved before 16 July, when the SCJN will initiate its period of recess, and that it consider international human-rights agreements which Mexico has signed and ratified in its review, in addition to the recent constitutional reforms the Mexican State has undertaken in these terms. It should be remembered that the Inter-American Court on Human Rights (IACHR) has decided against the State in four out of five cases recently (in the Rosendo Radilla, Valentina Rosendo, Inés Fernández, and ecologist campesino cases), and that it has called on Mexicoto reform article 57 of its Military Code of Justice so that any abuse committed against civilians by soldiers be considered in civil court.

In a press-conference, the NGOs that have signed on warn of the risk that the SCJN justices’ behavior be “contaminated” by pressure on the part of the Secretary for National Defense (Sedena) or by electoral considerations.  Alberto Herrera, representative in Mexico for Amnesty International (AI), recognizes that the question of the military courts is “politically sensitive, and even moreso during this six-year term in which the Mexican Army has had a large influence and presence in public life.”

For more information (in Spanish):

Piden a la Corte resolver el envío a la justicia civil de 28 casos de militares (La Jornada, 13 de junio de 2012)

Instan a la Corte a resolver 28 casos vinculados al fuero militar(Proceso, 12 de junio de 2012)

Boletín de prensa de ONGs: La SCJN debe resolver en breve y conforme a DDHH asuntos relacionados con el fuero militar que están bajo su conocimiento (12 de junio)

México: Es hora de limitar la justicia militar conforme con sus obligaciones en derechos humanos (Amnistía Internacional, 12 de junio de 2012)

México: Informe del Grupo de Trabajo de Naciones Unidas sobre las Desapariciones Forzadas o Involuntarias (17 de marzo de 2012)

México: “Ni seguridad, ni derechos: ejecuciones y tortura en la guerra contra el narcotráfico en México” (12 de noviembre de 2011)

Mexico: Visit by the UN Work Group on forced disappearances (18-31 March)

March 28, 2011


On 21 March, in response to the visit by the UN Work Group on forced disappearances from 18 to 31 March, member-organizations of the National Campaign against Forced Disappearance presented a brief report regarding the situation of persons disappeared forcibly or involuntarily.  The report is divided into four parts: “1. The normative Mexican status of the forced disappearance of persons: urgency to harmonize the situation with international standards; 2. The historical context of forced disappearance in Mexico: the need for a clear recognition by the State regarding past crimes; 3. The present context of forced disappearance in Mexico: the need to investigate cases of disappearance; 4. The paradigmatic case of Mr. Rosendo Radilla and the status of the sentence handed down by the Inter-American Court on Human Rights on this subject.”

Before the beginning of its official mission, the Work Group celebrated its 93rd session in Mexico City where it examined more than 190 cases of disappearances in more than 25 countries.  The official visit by the Work Group, which began on 18 March and will end on the 31st, has the goal of interviewing family-members of victims of forced disappearance, non-governmental organizations, and federal government officials, as well as of identifying the strengths of the country with regard to the management of this problem.  The organization will examine the investigations that have been had regarding cases of forced disappearances both past and recent as well as the measures that have been taken against impunity, in addition to other subjects, including those related to historical truth, justice, and reparations for victims of forced disappearances.

Civil organizations have pointed up the lack of will on the part of the Supreme Court for Justice in the Nation (SCJN) to dedicate adequate time to the question, as noted in the change in time with the Court’s meeting with the Work Group, going from an hour and a half to 20 minutes.  The affair is alarming given that the SCJN indefinitely postponed its position regarding the resolution made by the Inter-American Court on Human Rights (IACHR) in the case of Rosendo Radilla (disappeared in 1974 at a military checkpoint in Atoyác, Guerrero) which demanded that the judiciary give courses to its judges and magistrates regarding the crime of forced disappearance before December 2010.  In the end, though, it seems that the “scheduling problems” were resolved.

The Work Group has also met with senators from the commissions of Constitutional Law and Justice, to whom it stressed the necessity of having a specific law and expressed its alarm on the project to reform the military courts, especially as it considers such proposals to be incomplete.  This meeting was a private one lasting more than 2 hours.  The president of the Senate Commission of Human Rights, Rosario Ibarra, stated that the number of forced disappearance has increased “scandalously” during the government of Felipe Calderón, given that, even in light of the fact that relatives fear presenting denunciations, there are an estimated three thousand new such cases.

In other news, the director of the National Commission on Human Rights (CNDH), Raúl Plascencia Villanueva, also met with members of the Work Group, with whom he shared a report that refers to 240 cases of this crime in Mexico.  Who it was that was disappeared remained unclear from the report.

The Work Group will visit Atoyac, Guerrero, where, according to information released by the Association of Relative of the Detained and Disappeared in Mexico, over 500 forced disappearances were registered during the epoch of the “dirty war” in the 1970s and beginning of the 1980s.  The Workshop for Communal Development (TADECO), headquartered in Chilpancingo, demanded that the government of Zeferino Torreblanca Galindo reopen the files of 28 cases of forced disappearance during his administration (2005-2011) and warned that the Guerrero State Attorney General’s Office seeks to link it to organized crime.

At the close of the visit, on 31 March, the Work Group will hold a press conference in Mexico City.  A final report regarding the visit will presented to the UN Human Rights Council in 2012.

For more information (in Spanish):

Necesaria, una ley específica contra la desaparición forzada: misión de la ONU (La Jornada, 24 March)

Entrega CNDH informe con 240 casos de retenciones ilegales de personas (La Jornada, 24 March)

Falta protección contra la desaparición forzada en México: Informe a la ONU (CENCOS, 22 March)

Se disparan casos de tortura en México, informan a grupo de trabajo de la ONU (La Jornada, 22 March)

Recibirán Juan N. Silva y 5 ministros más a la misión de Naciones Unidas (La Jornada, 22 March)

Informe sobre la desaparición forzada en México 2011 (21 March)

Relega la Corte visita de grupo de la ONU sobre desapariciones forzada s(La Jornada, 16 March)

Demandan reabrir pesquisas sobre 28 desapariciones forzadas en Guerrero (La Jornada, 15 March)

La ONU investigará las desapariciones ocurridas en México en la guerra sucia (La Jornada, 15 March)

Desapariciones Forzadas: Grupo de expertos de la ONU inicia misión oficial en México (CENCOS, 14 March)

desapariciones forzadas – folleto informativo (OACNUDH)

Información práctica: el Grupo de Trabajo sobreInformación práctica: el Grupo de Trabajo sobre Desapariciones Forzadas e Involuntarias

For more information from SIPAZ (in English):

Guerrero – Briefs: Prodh Center sends amicus curiae in the case of Radio Nomndaa; Union of Peoples and Social Organizations mobilizes to demand preferential rates for electricity; “1,289 murders, 289 disappeared and 25 kidnapped in 4 years”: TADECO (27 March)

Chiapas: in Masojá Shucjá, memory and demand for justice for the victims of paramilitaries in 1995 and 1996 (7 October 2010)

Chiapas: 14 years after the forced disappearance of Minerva Pérez Torres by Paz y Justicia paramilitaries (30 June 2010)

Guerrero: briefs – Tlachinollan director received Kennedy Prize; Military Justice Code to be reformed: Blake; event – Indigenous Social Forum; event – Communal Police Anniversary

September 27, 2010

On 23 September, the Robert F. Kennedy center, headquartered in Washington, D.C., announced that it would grant the Robert F. Kennedy Human-Rights Prize to the director of the Tlachinollan Mountain Center for Human Rights, Abel Barrera Hernández.  The director receives the prize “for his energetic efforts to put an end to the abuse of human rights that results from the impunity enjoyed by the military and narcotraffickers.”  The Robert F. Kennedy Human-Rights Prize was established in 1984 to honor brave and innovative human-rights defenders across the globe who resist injustice, often placing themselves at personal risk for so doing.

In other news, on 23 September, José Francisco Blake Mora, secretary of governance, assured legislators that the federal government will observe the sentence handed down by the Inter-American Court on Human Rights (IACHR) regarding the case of Rosendo Radilla and will send a proposal to the Senate regarding reform of the Military Justice Code.  Given that this was one of the most-frequent questions posed by PT, PRD, and PRI senators present, the government-official assured that the government will follow the demands made by the IACHR which demand that the Mexican State modify legislation so as to allow soldiers accused of rights-violations to be judged in civil courts rather than military ones.

Finally, two events that will be carried out in the state of Guerrero this October should here be mentioned.  From 8 to 12 October will be held the 2010 Indigenous Social Forum, to be held in the Intercultural University of the State of Guerrero, in the community of La Cienaga, municipality of Malinaltepec.  Beyond giving space to discussion- and analysis-tables, there will be held workshops to improve practices and promote the exchange of knowledge, during which time different organizations will be able to share the projects, expeiences, methods, and techniques that have strengthened and consolidated their work, in addition to spaces dedicated to the presentation of artistic and cultural creation.  Later, between 13 and 16 October, there will be held the XV anniversary of the Communal Police in its headquarters of San Luis Acatlán.  This event will include discussion-tables, presentation of books, videos, and photographs, a communal market, an exchange of criollo seeds, popular dance, and artistic and cultural participation.

For more information (in Spanish):

The 2010 RFK Human-Rights Prize will be granted to a brave defender of indigenous and campesino communities in Mexico

The Code of Military Justice will be modified: Blake (La Jornada, 23 September)

Soldiers who violate human rights will be judged in civil courts (Centro Prodh, 23 September)

Indigenous Social Forum Weblog

Invitation to the XV Anniversary of the Communal Police

Para más información de SIPAZ:

Guerrero: breves – Tierra Caliente is second-highest national location in number of feminicides; SCJN will analyze recommendations of the Inter-American Court in the case of Radilla (14 September)

Guerrero: briefs – Tierra Caliente is second-highest national location in number of feminicides; SCJN will analyze recommendations of the Inter-American Court in the case of Radilla

September 14, 2010

Daniel Salgado Peña, the doctor assigned to the Public Ministry of Coyuca de Catalán, has reported that the region of Tierra Caliente could constitute the zone with the highest number of violent deaths of women in the state of Guerrero, with 16 such women violently killed in the region this year to date.  After Ciudad Juárez, Chihuahua, where occur the greatest number of feminicides, Tierra Caliente could represent the second-highest number of such attacks nationally.  Salgado Peña added that four women were murdered in different municipalities in August 2010, and that another case of feminicide has been observed thus far in September.

In other news, on 6 September, the Supreme Court of Justice of the Nation (SCJN) decided with an 8 to 3 v0te to analyze the sentence and recommendations made by the Inter-American Court on Human Rights (IACHR) in the case of Rosendo Radilla, which demonstrated that the Mexican State had violated the rights of Radilla, disappeared since 1974.  The Mexican State was condemned, but the SCJN, as a State institution, is implicated in the IACHR’s resolutions.  “The court cannot condition its mark of attributions and the observation of such by other powers,” claimed minister Sánchez Cordero.  Social organizations criticized the decision of the SCJN to relegate the obligatory nature of the IACHR sentence in the case of Rosendo Radilla, and claimed that the behavior of ministers has proven disappointing.  “If the [SCJN] pronounced itself against the obligatory nature by attacking the sentence of the [IACHR] regarding the case of the social leader Rosendo Radilla–to date, still disappeared–it would imply a disaster for the inter-American system of human rights in the country,” warned Alberto Herrera, executive director of Amnesty International Mexico.

For more information (in Spanish):

Murders of women on the rise: Public Ministry (La Jornada, 6 September)

The Court will analyze the IACHR’s resolution in the case of Radilla (La Jornada, 7 September)

Human-rights organizations criticize behavior of the SCJN (La Jornada, 9 September)

Disappointing, the prospect that the SCJN would grant impunity to the army: Tita Radilla (La Jornada, 9 September)

Grave taht the SCJN would pronounce itself against the sentence of the IACHR (La Jornada, 9 September)

For more information from SIPAZ (in English):

Guerrero: IACHR condemns Mexican government in disappearance case (16 January 2010)