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/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)


Chiapas: Las Abejas Civil Society expresses solidarity with the relatives and comrades of the disappeared students of Ayotzinapa

February 5, 2015


Familiares y compañeros de los estudiantes desaparecidos de Ayotzinapa, diciembre de 2014 (@SIPAZ)

Relatives and comrades of the disappeared students of Ayotzinapa, December 2014 (@SIPAZ)

On 22 January, in observance of the monthly commemoration of the Acteal massacre, Chenalhó municipality, the Las Abejas Civil Society published a communique expressing solidarity with the relatives and comrades of the disappeared students from the Normal Rural School of Ayotzinapa in Guerrero.  With respect to the case, Las Abejas asked “how it is possible that the supposed president of Mexico and his collaborators repress the relatives and comrades of the disappeared students instead of engaging in a truthful investigation and applying punishment to those responsible for their disappearance?”  They noted beyond this that, if it was the case that the Army was involved in the atrocity, “why hide or cover this up–why do they fear?”

At the municipal level, the Las Abejas Civil Society denounced that Manuel Ansaldo Meneses, whom it indicates as being one of the “paramilitaries [who was responsible for] the Acteal massacre […] is requesting economic support for the other material authors of the massacre and those released from prison by the supposed ministers of justice of the Supreme Court [sic].”

For more information (in Spanish):

Comunicado de Las Abejas 22 de enero 2015 (Sociedad Civil Las Abejas, 22 de enero de 2015)

Las Abejas se solidarizan con Bachajon y Ayotzinapa y anuncian su presencia el 24 por Jtatik Samuel (Espoir Chiapas, 22 de enero de 2015)

For more information from SIPAZ (in English):

Chiapas: During the XVII anniversary of the Acteal massacre, Las Abejas denounce impunity and affirm, “They could not kill our roots” (30 December 2014)

Chiapas: Three of the remaining five prisoners held for the Acteal massacre are released (6 December 2014)

Chiapas: New communique from Las Abejas, five years after the release of those responsible for the Acteal massacre (2 September 2014)

Chiapas: Las Abejas Civil Society challenges Mexican justice system and continues demanding justice (2 May 2014)

Chiapas: Case against Zedillo for Acteal massacre is dismissed (21 July 2013)


Guerrero: Delay in release for Nestora Salgado; her daughter claims to have been threatened by phone

February 5, 2015

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Photo @We Demand Freedom for Nestora Salgado (Facebook)

Though the Human Rights Commission from the Chamber of Deputies and different civil non-governmental organizations have demanded the release of Nestora Salgado García, member of the Regional Coordination of Communal Authorities (CRAC), Isabel Miranda de Wallace and Alejandro Martí, the presidents of the Halt Kidnapping and Mexico SOS organizations, came out against the call for her release.  In a press-conference, they called on President Enrique Peña Nieto and the Supreme Court to review the case and carry out due process, rather than succumb to politics.  They indicated that to release of Salgado García would be “illegal and against the state of right.”

Nestora Salgado was arrested on 21 August 2013 in Olinalá, Guerrero, where she had served as a coordinator for CRAC, by Army and police units, accused of kidnapping.  This presumed kidnapping of which she is accused was the legitimate arrest of a person accused of robbery, according to the CRAC.

Meanwhile, Saira Rodríguez, daughter of Nestora Salgado, denounced that the previous week, she once again received a threatening phone call, and though she admitted being frightened by this act of intimidation, she also noted that it is a sign that the legal process to free her mother from incarceration is progressing well.  “On 9 January, when I came to visit my mother, I received a call from an unknown number.  It was a man who told me: ‘Pray to God that your mother remains where she is, because otherwise, you and your angels will pay the consequences.’  At that moment I became scared and I hung up,” Rodríguez noted in an interview with La Jornada.  It bears noting that the government of Rogelio Ortega Martínez has presented a request for the cancellation of the charges against Nestora Salgado to Miguel Ángel Godínez Muñoz, the state prosecutor, who must now evaluate whether this is to proceed or not.

For more information (in Spanish):

Nueva demora en liberación de Nestora Salgado (La Jornada, 12 de enero de 2015)

Hija de Nestora Salgado acusa que recibió una amenaza telefónica (La Jornada, 15 de enero de 2015)

Se oponen Alejandro Martí y Miranda de Wallace a liberar a Nestora Salgado (La Jornada, 12 de eenero de 2015)

Nestora Salgado, a un paso de la libertad (Proceso, 12 de enero de 2015)

Acusan a perredistas de presionar para liberar a Nestora Salgado (Milenio, 12 de enero de 2015)

For more information from SIPAZ (in English):

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/National: Emergence of Committee of Women for the Liberty of Nestora Salgado (2 September 2014)

Guerrero: Navy kidnaps coordinator of CRAC en Olinalá (13 September 2013)


Oaxaca: Threats from the mayor of Santa María Chimalapa denounced

December 16, 2014

images

Miguel Ángel García Aguirre, regional coordinator of the National Committee for the Defense of the Chimalapas, accused Silaín Hernández, mayor of Santa María Chimalapa, of being responsible for the threats he has received if he does not abandon the Zoque zone.  He explained in mid-November that he received phonecalls from at least two numbers from Oaxaca threatening him to leave the community.  He said he had received the call of a person who had refused to identify himself, “but to me it seemed like it was Silaín […] threatening me to leave Chimalapas […] this all in a threatening tone.”  He assured that, though the mayor be responsible for this behavior, he would continue to work in defense of the land in Chimalapa.

For his part, Silaín Hernández accused Miguel Ángel García and Luis Bustamante, also a member of the National Committee for the Defense of the Chimalapas, as well as the ex-secretary of governance Jesús Martínez Álvarez of causing a social destabilization after having released media communiques.  The mayor referred to a case from about two weeks ago, when a document that was firmed by the National Committee was released assuring that its membership along with the ejidal commissioner had not wanted to hold assemblies that would address questions of accountability and the prospect of a dam that would be installed on Zoque territory.

The communique in question distanced itself from the president of the ejidal commission, Ildeberto Mendoza, “for not having demonstrated interest in defending the interests of the people” amidst the permanent aggressions and invasions promoted by corporations and the Chiapas state government.  The document expresses that this decision was taken after the mayor manipulated Ilderberto Mendoza to suspend the general assembly on two occasions during which it had been planned to discuss the constitutional motion that had been interposed by the Supreme Court for Justice in the Nation (SCJN) regarding the invasion of more than 160,000 hectares of land by people from Chiapas.

For more information (in Spanish):

Denuncian amenazas de Silaín Hernández (Noticias Net, 19 de noviembre de 2014)

Alcalde de Chimalapas acusa al Comité Nacional para la Defensa de los Chimalapas de desestabilización social (Página 3, 19 de noviembre de 2014)

Desconocen a autoridad comunal por no defender a Chimalapas de invasiones y megaproyectos (Chiapas Paralelo, 13 de noviembre de 2o14)


Mexico: At least 170,000 displaced in Mexico

December 15, 2014

índice

On 26 November in Mexico City, the Mexican Commission for the Defense and Promotion of Human Rights presents its book Internal Displacement Induced by Violence: A Global Experience, a Mexican Reality, as written by Laura Rubio Díaz-Leal, an investigator and member of said organization.

The aim of the book is to make visible the victims of displacement and to call on the State to create an assistance program and to take into account this now-ignored phenomenon.

The author of the work commented during her presentation that, in the majority of the country, it was quite impossible to document how many Mexicans have left their homes due to violence, but a very conservative calculation estimates at least 170,000.

In this sense, Esperanza Hernández, the spokesperson for at least 600 families from 40 communities in Sinaloa state that have been displaced by the violence of organized crime in the state, noted that “They [the cartels] patrolled as though they were the government; they threatened us and told us that if we didn’t leave, they would conscript us into their service.  On 10 January 2012, they killed a neighbor of Ocurague and the next day during the night, they killed an entire family.  Maddened by fear, we decided to flee and leave everything behind.”

Ramón Cossío, justice for the Supreme Court for Justice in the Nation (SCJN), noted for his part that “this involves not only the act of leaving the place where one would desire to stay, but also it is a question of leaving due to finding oneself in a situation of extraordinary complexity.  The phenomenon of the displaced continues without name in Mexico, and for this reason it is not attended to by the State.”

For more information (in Spanish):

Desdeña el gobierno desplazamientos forzados por la inseguridad: expertos,  La Jornada 30 de noviembre de 2014

Al menos 170 mil personas desplazadas por violencia en México, Diariopresente, 1 de diciembre de 2014

Desplazados por violencia en México, un fenómeno ignorado que afecta al menos a 170 mil personas, Animal Politico, 1 de diciembre de 2014

Desplazados en México son víctimas y requieren tratamiento, CNN, 26 de julio de 2014

For more information from SIPAZ (in English):

Chiapas : “return without justice” of those displaced from the Puebla ejido (26 April 2014)

Chiapas: Public denunciation from those displaced from Banavil (16 September 2013)

Chiapas: The displaced of Banavil, Tenejapa in “precarious and inhumane conditions” (8 April 2013)


Chiapas: Three of the remaining five prisoners held for the Acteal massacre are released

December 6, 2014

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Abejas of Acteal (@SIPAZ archive)

Nearly 17 years after the Acteal massacre, the Supreme Court for Justice in the Nation (SCJN) decided to release three of the remaining five Tsotsil indigenous individuals imprisoned in the Amate prison for their participation in the Acteal massacre.

The massacre took place on 22 December 1997, when 45 members of the Las Abejas of Acteal organization were killed, the majority being women and children.

The three who have been released had requested an official recognition of innocence, which was granted to them based on criteria stipulated by the SCJN in 2008, when it ordered the release of dozens of prisoners for the first time, having decided that the Federal Attorney General’s Office (PGR) used illegal evidence in its investigation, thus violating the right of the accused to due process.  For their part, Las Abejas expressed that “if for the SCJN there are no guilty ones, if all the paramilitaries who have been sentenced are in fact innocent, then we demand that they give us back the lives of our martyrs, and that they present our children and parents who were shot to death on 22 December 1997 with life.”  They added that “other than for the government, it will be the SCJN that will be responsible for any conflict that results from the release of these paramilitaries, because the social fabric has been degraded and destroyed.  It has not been repaired, such that there are no conditions that would guarantee the non-repetition of the acts.”

In sum, 102 indigenous persons were processed for the killing of 45 members of the Las Abejas community, in addition to 4 unborn children, and they began to be released in 2008, after having advanced legal motions before the federal authorities.  Now, only two people remain imprisoned for the massacre.

For more information (in Spanish):

La justicia en México es un teatro: Sobrevivientes de Acteal, Chiapas Paralelo, 18 de noviembre de 2014

Ordena la Corte liberar a tres tzotziles vinculados con la masacre de Acteal, Proceso, 12 de noviembre de 2014

Ordena la SCJN la liberación de tres sentenciados por la masacre de Acteal, La Jornada, 13 de noviembre de 2014

Acteal: consagración de la impunidad, La Jornada, 13 de noviembre de 2014

For more information from SIPAZ (in English):

Chiapas: New communique from Las Abejas, five years after the release of those responsible for the Acteal massacre (2 September 2014)

Chiapas: indigenous organizations and communities also affected by “counterinsurgency and war of extermination” express their solidarity with the EZLN (9 June 2014)

Chiapas: Las Abejas Civil Society challenges Mexican justice system and continues demanding justice (May 2, 2014)


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