National/Chiapas: INM offers public apology to four indigenous migrants from Chiapas

@Proceso

On November 7, in the Hall of Fine Arts in San Cristóbal de Las Casas, the National Institute of Migration (INM) offered a public apology to four Tzeltal indigenous people from Chiapas who were detained, tortured and almost deported by INM elements. In 2015, the two men and two women were on their way north, looking for work in one of the country’s several industrial crops. Presenting their birth certificates and their electoral identification at a checkpoint in San Juan del Río, Querétaro, “INM agents told them they were false, took them to a migratory station and told them they were Guatemalans; they mistreated them so that they would admit to being from Guatemala”, explained María Fernanda Pincus, director of the Legal Clinic of the University program of the National Autonomous University of Mexico (UNAM). One of the victims was still a minor at the time of the arrest.

Accompanied by the Municipal President of San Cristóbal, Jerónima Toledo Villalobos, Francisco Garduño Yáñez, commissioner of INM, apologized to the legal representative of the victims, Gretchen Kuhner, for the violation of their human rights and the “damage to the image, honor and dignity“, of the 4 people. “They were not present at the ceremony because they want to maintain a private life, but it was very important that a public apology be made because it is not something that happens only to them; they said we don’t want it to happen to us, but neither to other people”, said María Fernanda Pincus. According to Gretchen Kuhner, the victims accept the apology.

As consequence and in an administrative process, two deputy directors, an agent, a coordinator and two heads of department were punished with suspensions between 15 and 30 days. “Through me, the Institute is committed to guaranteeing measures of non-repetition, so that the acts that violated the human rights of these people do not happen again”, Garduño Yáñez said. He added that the end of non-repetition “translates into prevention through the sensitization of public servants attached to the INM, on issues related to indigenous communities and the urgency of its members to migrate to other parts of the country.” According to María Fernanda Pincus, in addition, there will be “reparation of the damage in economic terms, because they were going to work in the north of the country as agricultural day laborers and they will be paid what they missed earning in those days.”

Mario Peña, also from the Legal Clinic of the UNAM’s University Program on Human Rights, pointed out that “there are no conditions to know who are Mexicans and who are foreigners. We have noticed that people in vulnerable conditions with little command of Spanish are more affected and that they are not provided with an interpreter of their language in migration procedures”.

For more information:

Pide el INM disculpas a indígenas tzeltales por agresión en retén (La Jornada, November 7, 2019)

El INM ofrece disculpa pública a indígenas chipanecos confundidos con migrantes (El Proceso, November 7, 2019)

Ofrece INM disculpa pública a 4 indígenas de Chiapas (El Heraldo de México, November 7, 2019)

Ofrecen disculpa pública a tzeltales torturados en 2015 (EL Universal, November 8, 2019)

For more information from SIPAZ:

National/International: Effort to Protect Migrants “Lasted a Few Months”, UNHCHR (November 7, 2019)

Chiapas: Migration Authorities Stop Migrant Caravan in Tapachula (October 17, 2019)

National/International: CSOs Denounce Poor Conditions in Provisional Migration Centers in Chiapas (October 13, 2019)

Chiapas: African Migrants Clash with National Guard in Tapachula (October 8, 2019)

International/National: UN High Commissioner for Refugees (UNHCR) Ends Mexican Visit while African Migrants Protest in Tapachula (October 7, 2019)

National/International: Mexico and US Reevaluate Migration Agreement after Three Months; Disagreement over Desired Outcomes (September 23, 2019)

International/National: UNO Calls for Evaluation of National Guard as Migratory Control in Mexico (September 2, 2019)

National/Guerrero: VIDEO of Torture in Ayotzinapa Case Belies “Historic Truth”

@nytimes

In recent days, a video showing acts of torture against Carlos Canto Salgado during his detention in the case of Ayotzinapa was made public by several media outlets.

According to information from Aristegui Noticias, “Canto was arrested by elements of the Federal Ministerial Police and the Secretariat of the Navy (SEMAR in its Spanish acronym); his case is one of 34 cases in which the UNHR found “strong elements of conviction” that indicate the commission of acts of torture, in addition to other human rights violations.”

“In response to accusations like that of the UN, the Attorney General’s Office (PGR in its Spanish) – now the Attorney General of the Republic – denied having built the so-called “historical truth” based on torture and affirmed that it only verified vexations in two cases,” different human rights centers reported. The UN High Commissioner for Human Rights called on the Attorney General’s Office to relaunch the investigation of the case, as well as to definitively dismiss the so-called “historical truth”.

The video “confirms that the investigation of the disappearance of the student teachers resorted to practices that violated human rights” and shows “that the internal investigation of the officials who have diverted and obstructed justice is pending.”

It should be recalled that the National Human Rights Commission (CNDH in its Spanish acronym) in its recommendation on Ayotzinapa regarding Canto Salgado “expressly concluded that there was no evidence that he had been subjected to asphyxiation or electric shocks, despite the abundance of evidence and despite the repeated complaint of the detainee himself.” The video also proves that the CNDH “covered up this practice with a recommendation that is not reliable”, the organizations SERAPAZ, Tlachinollan, Fundar and CentroProdh indicated.

“It is time to break the chain of complicity and cover-ups around the Ayotzinapa case, and to focus the Mexican State’s efforts on truth and justice for all those involved with strict adherence to human rights,” said Jan Jarab, representative of the UNHR in Mexico.

For more information in Spanish:

ONU pide nueva investigación de caso Ayotzinapa tras video de tortura de detenido (Aristegui Noticias, 24 de junio de 2019)

Video de tortura comprueba inacción de gobierno en caso Ayotzinapa: ONU (Milenio, 24 de junio de 2019)

Video confirma tortura en caso Ayotzinapa y acredita encubrimiento de CNDH: OSC (23 de junio de 2019)

Ayotzinapa: video demuestra uso impune de la tortura en la investigación (Comunicado de Prensa, 23 de junio de 2019)

For more information from SIPAZ:

Guerrero: Attorney General and SEDENA Denounced for Lack of Interest in Solving Ayotzinapa Case (May 17, 2019)

Guerrero/National: More Information Published on Role of Army in Ayotzinapa Case (March 15, 2019)

Guerrero/National: Commission for Truth and Access to Justice in Ayotzinapa Case Set Up. Federal Judge Orders Investigation into Possible Responsibility of Attorney General Employees for Irregularities (January 22nd, 2019)

Guerrero/National: Decree Establishes Truth Commission for Ayotzinapa Case (December 19th, 2018)

Guerrero/National/International: CNDH and IACHR Ayotzinapa Reports (December 14th, 2018)

Guerrero/National: Ayotzinapa, Four Years On… (October 1st, 2018)

Chiapas: Annual report from Frayba on “Human-Rights Insurgency”

Participation by Estela Barco during presentation of report @ SIPAZ

On 5 November, the Fray Bartolomé de Las Casas Center for Human Rights (CDHFBC) presented its annual report that carries the title “The Human-Rights Insurgency,” which deals with the “perspective, questions, and situations” that the CDHFBC has documented and monitored in Chiapas from March 2014 to March 2015. During the presentation of the document, several members of the directive council of CDHFBC spoke, including Blanca Martínez Bustos, director of the Fray Juan de Larios Center for Human Rights; Jorge Santiago Santiago; Estela Barco Huerta, general coordinator for the Social and Economic Development of Indigenous Mexicans; and the president of the council, jtatik Raúl Vera López, bishop of Saltillo.

The CDHFBC described the present context as a moment that “is a dark time, amidst the implementation of saddening repressive measures that constitute State terrorism, whereby military occupation and the state of siege are normalized. With this, the violations that make up crimes against humanity such as torture, forcible disappearance, extrajudicial executions, femicide, and forcible displacement, among other crimes, are daily occurrences in Chiapas and Mexico.”

The document proclaims the comprehensive defense of human rights that is the work of the CDHFBC. The questions it addressed include torture, impunity, defense of land and territory, as well as the ongoing war context, which in the report corresponds to four chapters: Torture, an implicit negation; A look at the cracks of impunity; War in Chiapas, territory, and peoples; and Reality of war-context.

The CDHFBC expressed that torture “is engrained and generalized in the Mexican justice system, and it is not only denied but even rationalized.” From the perspective of historical memory, remembrance is the principal pillar “of the struggle of victims and their families in the cases of crimes against humanity […]. They collectively protect and transmit memory against forgetting and impunity.” With regard to the “internal armed conflict in Chiapas,” the “communities and organizational processes persist and resist in defense of their autonomy and territory amidst State policies that seek to plunder land, spirit, and culture.” Lastly, the chapter on “Reality” is dedicated to the Zapatista teacher Galeano, who was murdered on 2 May 2014 in La Realidad, official municipality of Las Margaritas, Chiapas.

For more information (in Spanish):

Informe: La Insurgencia de los Derechos Humanos

Boletín Frayba presenta su Informe Anual: La Insurgencia de los Derechos Humanos (CDHFBC, 4 de noviembre de 2015)

Despojo territorial, espiritual y cultural, una constante en Chiapas: Frayba (Chiapas Paralelo, 6 de noviembre de 2015)

For more information from SIPAZ (in English):

Chiapas: 25-year anniversary of “Frayba” (30 March 2014)

Chiapas: Presentation of the six-year report from the Fray Bartolomé de las Casas Center for Human Rights (26 March 2013)

 

National: 20 NGOs criticize process to create General Law on Torture

(@ Amnesty International)

On 31 August, twenty civil non-governmental organizations (NGOs) and institutions called on the federal government to incorporate international standards and the suggestions of experts in elaborating the General Law on Torture, which will be developed over the next six months. They criticized the consultative process to elaborate the General Law on Torture and demanded mechanisms to promote dialogue and the participation of interested groups, victims, and persons. In a letter directed to President Enrique Peña Nieto, the persons in question note that “in difficult times such as these in Mexico, the creation of a law that aspires to effective participation, eradication, and sanctioning of torture should be effected through a democratic process that involves the diverse voices that have demanded the creation of this normative mark in recent years.” The NGOs call on the government to take into account international standards and the recommendations made by experts on the question so that this reform promotes authentic transformation and not be limited to cosmetic changes that end up being insufficient for uprooting this practice, as through the fabrication of charges, the lack of serious investigations, and the damages imposed on victims and their families.

In whatever case, torture is a question of a practice that in Mexico has been consistently denounced by the NGOs, both domestic and international, and that has been used with impunity by public servants as a means of investigating crimes to obtain confessions or “punishing” those who have been arrested. Intervening on the question, Juan E. Méndez, the UN Special Rapporteur on torture and other cruel and unusual punishments, expressed that torture in Mexico is generalized and takes place within a context of impunity. Méndez has recommended that Mexico “publicly recognize the dimension of impunity with regard to torture and abuses and send clear public messages to all security and justice officials, state and federal, that all tortures and abuses will be seriously investigated and punished, in accordance with international law, as well as constitutional and criminal statutes.” Another point that the NGOs made and that will be forwarded to the Congress of Deputies is that the General Law must take into account the perspectives of victims, limit military jurisdiction, break with the obstacles before the denunciations, and not allow the law to be limited merely to abstractions, but rather it must become a real tool.

For more information (in Spanish):

ONGs piden al Congreso las incluya en Ley contra Tortura y acate estándares internacionales (Sin Embargo, 03 de septiembre de 2015)

Critican 20 ONG el proceso para crear la ley general contra la tortura (La Jornada, 01 de septiembre de 2015)

La iniciativa de Ley General contra la Tortura deberá ser acorde con el Derecho Internacional de los Derechos Humanos (Desinformemonos, 19 de agosto de 2015)

Indispensable retomar aportes de OSC y personas expertas en la elaboración de la Ley General contra la Tortura (Amnistía Internacional, 12 de agosto de 2015)

For more information from SIPAZ (in English):

National/International: Army and security forces involved in extrajudicial executions, torture, and forcible disappearances: US State Department (21 July 2015)

Oaxaca: More than 500 cases of torture and 26 executions: Truth Commission (29 June 2015)

National: New Amnesty International report, “Out of Control: Torture and Other Abuses in Mexico” (15 September 2014)

Chiapas: Presentation of the Special Report: “Torture, mechanism of terror” (3 July 2014)

National: UN Special Rapporteur on torture ends official visit to Mexico (16 May 2014)

Chiapas/National: 26 June, International Day of Support for Torture Victims

(@Amnesty International)

On 26 June was celebrated the International Day of Support for Torture Victims, which this year was focused on the right to rehabilitation. The declarations and denunciations regarding torture have not ceased after the visit to Mexico by the UN Special Rapporteur on Torture, who in his report stressed that “torture and abuses of the incarcerated on the part of the authorities in Mexico are generalized.” Many cases are not denounced due to fear of revenge, and principally they are the committed by municipal, state, and federal police, as well as ministerial agents and the military. “Torture and abuse take place during the first 24 to 48 hours of the arrest, and generally they end after the person is arraigned: the methods that are used include threats, insults, destruction of belongings, as well as beatings (usually involving hard objects), electrocution, water-boarding, violence, and sexual abuse.” Beyond this, he added that the disparity between the number of denunciations and testimonies received and the number of condemnations is a “worrying sign of impunity.” The Rapporteur declared he had been pressured to keep his report short, leading in turn to the accusation that the report was based on a small number of cases.

On the one hand, the National Commission on Human Rights (IACHR) in Mexico communicated that from 2001 to May 2015 it received 10,688 complaints regarding torture and other abuses (on average 2 a day). It affirms that in just over two years of the administration of Enrique Peña Nieto, it has received 2,119 denunciations, with the military being the most frequently accused force. It also poinst to the fact that the country has lacked a national registry to reflect the totality of the cases of torture and other abuses. The results it has available have been compiled by the CNDH, state human-rights commissions, and the denunciations that have been brought together.

Beyond this, the Inter-American Commission on Human Rights (IACHR) declared that despite the fact that thirty years have passed since the Inter-American Convention to Prevent and Sanction Torture, this practice persists in the region. Several commissions have expressed their concerns regarding the use of rape as a method of torture against women, the attempt to justify such actions with arguments based on threats to national security or the need to obtain information in investigations, or to prevent attacks. In this way, the IACHR has called on members of the Organization of American States (OAS) to investigate all denunciations of torture and other cruel, inhuman, and degrading treatment.

Amnesty International also pronounced itself on the question, reporting that 64% of Mexicans fear being subjected to torture after arrest; this places Mexico as the second-highest country with this fear on the global scale. Beyond this, AI adds that 7,000 denunciations of torture have been made in the past 3 years, but only 7 cases sanctioned at the federal level. AI is organizing a graphical campaign against torture.

In observance of the day, a number of denunciations appeared in the media, including the charge that 40% of those arrested for the Ayotzinapa case have been subjected to torture and other abuses during their arrest, or the hunger strike undertaken by eight prisoners from different institutions in Mexico City to demand the cessation of prison abuse. In Chiapas, the Fray Bartolomé de las Casas Center for Human Rights (CDHFBC) denounced the torture of a Tzotzil couple as a means of forcing them to incriminate themselves in a murder case. The CDHFBC also organized a projection and conversation regarding torture in San Cristóbal de Las Casas, where two experts on the question were present together with Silvia Domínguez, who gave testimony on the case of her brother Gabriel Domínguez, who died in police custody.

For more information (in Spanish):

La tortura y los malos tratos son generalizados en México, dice la ONU(CNN México, 9 de marzo de 2015)

‘‘Recibí presiones para minimizar mi informe sobre tortura’’: Méndez (La Jornada, 2 de abril de 2015)

En 14 años, 10 mil 688 quejas por tortura y otros tratos crueles(ContraLínea, 28 de junio de 2015)

Se deben indagar de oficio todas las denuncias de tortura: CIDH (CIMAC Noticias, 26 de junio de 2015)

Comienzan ocho reclusos huelga de hambre indefinida para denunciar tortura y extorsión (La Jornada, 29 de junio de 2015)

Torturados, la mitad de los procesados por caso Ayotzinapa: expertos del GIEGI (Proceso, 29 de junio de 2015)

Torturan a pareja tzotzil para que se inculpe de crimen, acusa el Frayba(Proceso, 29 de junio de 2015)

Cambiemos la historia #ALTOTORTURA (Amnistía Internacional)

For more information from SIPAZ (in English):

Oaxaca: More than 500 cases of torture and 26 executions: Truth Commission (29 June 2015)

National: New Amnesty International report, “Out of Control: Torture and Other Abuses in Mexico” (15 September 2014)

Chiapas: Presentation of the Special Report: “Torture, mechanism of terror” (3 July 2014)

National: UN Special Rapporteur on torture ends official visit to Mexico (16 May 2014)

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

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)

National/International: UN Special Rapporteur on Torture presents report about Mexico in Geneva

Juan E. Méndez, United Nations Special Rapporteur on Torture (@UN)

On 9 March, Juan E. Méndez, United Nations Special Rapporteur on Torture and other cruel, inhuman, and degrading Treatment, presented the report based on his visit to Mexico between April and May 2014 in Geneva, Switzerland.  In his conclusions, he mentions that “torture and ill-treatment of the incarcerated after their arrest and prior to their presentation to the justice system are generalized phenomena in Mexico which take place within the context of impunity.”  He added that there is evidence of the active participation of police and military forces, “but also tolerance, indifference, or complicity on the part of some doctors, public defenders, prosecutors, and judges.”  He indicated furthermore that torture is used “to punish the arrested and to extract confessions or incriminating information.”  He highlighted moreover that “the impunity of torture and other abuses is sufficient to lead to its repetition and exacerbation.”

For this reason, the Special Rapporteur recommended legislative reforms that would integrate international standards into domestic law, thus effectively preventing and punishing torture and other abuses, as well as to undertake the investigation of all denunciations that are presented, including “the tasks that remain in terms of the Dirty War.”  He recommended also that the dimension of the phenomenon be publicly recognized, and that all the authorities receive strong public pressure insisting that all abuses will be seriously investigated and punished.

Following the presentation of this report, Jorge Lomónaco, Mexican representative before international organizations, affirmed that “we cannot agree with the view that torture is generalized in the country, because that is not the case in reality.”  He added that what the Special Rapporteur claimed “does not reflect the enormous efforts that my country’s government has made to strengthen a culture of respect for human rights in the law and in practice.”

For more information (in Spanish):

Ver Informe completo (Juan E. Méndez, diciembre de 2014)

Generalizada, la tortura en México (Proceso, 7 de marzo de 2015)

“Todos los cuerpos policiales torturan en el país” (El País, 9 de marzo de 2015)

México: entre la tortura y la impunidad (Centro PRODH, Animal Político, 9 de marzo de 2015)

La tortura es generalizada en México: relator de ONU; eso es mentira, responde embajador (Animal Político, 9 de marzo de 2015)

México y ONU ahora chocan por informe sobre la tortura (Milenio, 10 de marzo de 2015)

For more information from SIPAZ (in English):

National: New Amnesty International report, “Out of Control: Torture and Other Abuses in Mexico” (15 September 2014)

Chiapas: Presentation of the Special Report: “Torture, mechanism of terror” (3 July 2014)

National: UN Special Rapporteur on torture ends official visit to Mexico (16 May 2014)

Chiapas: release of indigenous prisoners and denunciation of torture in the state (29 April 2014)

Chiapas: Torture and killing of youth the responsibility of municipal police from Acala, CDHFBC denounces (18 March 2014)

Chiapas: Torture and kidnapping of youth Hiber Audentino García Villafuerte (1 January, 2014)