Covering events from January - December 2002
UNITED MEXICAN STATES
Head of state and government: Vicente Fox Quesada
Death penalty: abolitionist for ordinary crimes
International Criminal Court: signed
The Mexican government renewed its commitment to protect and promote human rights at home and abroad. Nevertheless, there were widespread reports of arbitrary detention, torture and ill-treatment throughout Mexico. There were new reports of threats and smear campaigns against human rights defenders in a number of states. Investigations into the killing of a prominent human rights lawyer continued. The government met with human rights defenders to establish protection and promotion measures. There were a number of reports of extrajudicial executions and at least one "disappearance". A Special Prosecutor began investigations into past human rights violations. General José Francisco Gallardo, a long-term prisoner of conscience, was released. Indigenous communities continued to suffer violence and marginalization. Thirteen international treaties were ratified, but a reservation to the Inter-American Convention on Forced Disappearance of Persons strengthened impunity.
Background
In the second year of President Fox's administration, domestic policy focused on the harmonization of national legislation with international law, cooperation with international organizations, and dialogue with civil society. A human rights unit was established in the Interior Ministry. Discussions regarding the reform of the state to strengthen human rights protection continued, although definitive proposals were still pending at the end of the year. The majority of Mexico's 31 state governments, under whose jurisdiction many human rights violations were committed, failed to seriously confront human rights abuses. Despite the federal government's policies and initiatives, the underlying causes of human rights violations remained to be tackled.
Internationally, the Mexican government played an important role in promoting human rights issues. The government maintained support for the International Criminal Court, and took steps to ratify the Rome Statute. However, the Senate imposed conditions on approving the ratification of the Rome Statute which, in practice, could obstruct the work of the Court and result in a breach of Mexico's obligations under international law.
Intergovernmental organizations
There were visits by several UN Special Rapporteurs and by the UN Working Group on Arbitrary Detention. The Inter-American Commission on Human Rights (IACHR) Special Rapporteur on the Rights of Women visited. Representatives of the judiciary and legislature sought to discredit the report by the UN Special Rapporteur on the independence of lawyers and judges.
The crucial second phase of the Technical Cooperation Program with the UN High Commissioner for Human Rights was negotiated and signed. In December the Senate gave approval to the establishment of an Office of the High Commissioner to oversee the implementation of the Program.
Administration of justice
Key institutions at federal and state level, such as the police, the military, the prosecution services and the judiciary, were frequently either directly responsible for human rights violations or were complicit in failing to prevent or effectively investigate abuses. The National and State Human Rights Commissions were unable to effectively safeguard fundamental human rights or hold the authorities to account. The profound reforms required to the structure and practices of these institutions to guarantee transparency, accountability and adherence to international human rights standards did not take place.
Arbitrary detention, torture and ill-treatment
The use of arbitrary detention, ill-treatment and torture by police, military and prosecution services agents at state and federal level remained widespread. In a number of cases detainees reportedly died as a result of torture. Judges failed to assess adequately allegations of coerced confessions, perpetuating the use of torture as a means of investigation. Unsafe convictions based on coerced confessions were widespread. No officials were prosecuted for torture. The excessive and unaccountable power of the prosecution services at federal and state level made credible independent investigations into allegations of abuses virtually impossible, denying justice to victims and ensuring impunity.
- On 29 March, Guillermo Vélez Mendoza died within hours of being detained by agents from the Procuraduría General de la República (PGR), Office of the Attorney General, in connection with a number of kidnappings. The initial autopsy indicated that he died as a result of torture. However, a PGR investigation suggested that he died as a result of an accidental fall while attempting to escape. The irregularities in the investigation undermined its credibility and underlined the weakness of official inquiries into such incidents.
- In January, after an armed hold-up in Chiapas state, Miguel Angel Gómez, Andrés Gómez Luna and Mariano Cruz Hernández were detained and reportedly tortured to extract confessions by state judicial police in the presence of state prosecutors.
There were new reports of threats, harassment and smear campaigns against human rights defenders. Discussions with the federal government led to a number of defenders receiving protection, although questions remained about the effectiveness of these measures. State authorities failed to take effective action. Investigations into past and present threats against defenders did not advance, contributing to a climate of impunity. There were reports of journalists being threatened or facing prosecution for defamation for reporting corruption or human rights violations.
- The killing of human rights lawyer Digna Ochoa in October 2001 remained unsolved at the end of 2002. The quality of the official investigation was repeatedly called into question; the investigating team reportedly leaked case information suggesting she had committed suicide. At the end of the year a new prosecutor had been assigned to the case and a visit by IACHR experts to assess the evidence was pending.
- In January shots were fired at the home of the president of the Chiapas State Human Rights Commission, Pedro Raul López. In October he was reportedly beaten up by three armed men and warned to stop the Commission criticizing the human rights record of the local authorities.
In February, prisoner of conscience General Gallardo was released after the President ordered the reduction of his sentence to time served. No investigation was undertaken into the abuse of the judicial system which had led to his imprisonment for more than eight years.
Misuse of the judicial system
There were reports of the misuse of the judicial system, particularly at state level, where social activists were subjected to extended pre-trial detention and excessive prison sentences. Infrastructure and development projects created social tensions. There was also concern at the potential impact on local communities of projects included in the Plan Puebla Panamá, a development plan for the southern states of Mexico and Central America.
- In February, President Fox annulled the 20-year prison sentences of Aurelio Guzmán Mateo and Leocadio Ascencio Amaya, two indigenous fishermen from Pátzcuaro, Michoacan State. They had been convicted in 2000 for their part in protests against restrictions to their community's fishing grounds. There was no investigation into the judicial process which led to their original sentence.
- The threatened expropriation of communal lands for the construction of a new airport in Atenco, Mexico State, led to detentions, violent confrontation between police and protesters and allegations of ill-treatment and excessive use of force.
- In August and October plans to develop an environmentally sensitive site, Casino de la Selva, in Cuernavaca, Morelos State, led to protesters being detained, allegedly with excessive use of force.
Extrajudicial executions and "disappearances" continued to be carried out, primarily against criminal suspects or for directly criminal purposes. The close link between investigating authorities and the agents implicated in such abuses encouraged impunity.
- In March, Jesús Angel Gutiérrez Olvera was reportedly detained by Federal District Judicial Police in connection with a number of kidnappings. Despite official investigations, his whereabouts remained unknown. A human rights defender who took up the case suffered threatening calls and intimidating surveillance.
In January a Special Prosecutor was appointed to head the unit to investigate past crimes against members of political and social movements. The new prosecutor reopened a number of cases on receipt of complaints from victims, including more than 500 "disappearances" over the past three decades. A number of witnesses and accused, including a former president, were interviewed. At the end of the year, there was no clear indication of advances in investigations. There was concern at the limited resources available to the unit, its lack of independence from the PGR and its failure to claim jurisdiction over important cases involving the military.
The role of the armed forces in civilian policing activities continued to cause concern. Senior military officials continued to play key roles in the PGR and military jurisdiction continued to protect officials from prosecution for human rights violations. The reservation placed on the Inter-American Convention on Forced Disappearance of Persons strengthened the role of military justice. A decision by the Supreme Court on a challenge to the legality of the reservation was still pending at the end of the year.
Indigenous communities
Indigenous communities continued to suffer marginalization and discrimination. The Supreme Court rejected legal challenges to controversial indigenous legislation passed by Congress in 2000 which was widely condemned for failing to enshrine effective recognition and protection of the rights of indigenous communities. The failure of the legislation to reflect principles negotiated with the Ejército Zapatista de Liberación Nacional (EZLN), Zapatista National Liberation Army, increased tension in Chiapas where the conflict remained unresolved. A heavy military presence remained in the state and there continued to be reports of attacks and threats by armed civilian groups or so-called paramilitaries acting with the apparent protection or acquiescence of local or municipal authorities.
- On 7 August, José López Santís, a leader of the autonomous Zapatista community 6 de Agosto, was shot and killed by three armed men.
In Oaxaca and Guerrero states there were reports of armed groups or local officials acting on behalf of local political bosses, threatening or attacking opposing factions in the community. The state authorities reportedly failed to prevent or investigate such acts, encouraging a climate of impunity.
- On 2 May, 26 indigenous people were gunned down in the municipality of Santiago Textitlán, Oaxaca. The state authorities had reportedly failed to take seriously warnings of impending violence. Following the massacre, mass arrests were made in a neighbouring community and detainees were reportedly tortured to extract confessions.
There was continuing concern at the failure of the authorities to investigate fully the cases of women who had been murdered or gone missing in Ciudad Juárez, and Chihuahua, Chihuahua State. More cases were reported and human remains were discovered. On 5 Februrary, Mario Escobedo Anaya, the lawyer of one those accused of the killings, was killed by state judicial police who were later exonerated by a judge for acting in self-defence. Journalists and victims' families campaigning on the cases were harassed.
At least two indigenous women were reportedly raped by members of the army in the Guerrero State during counter-insurgency operations.
- On 16 February, a 17-year-old woman was reportedly raped by members of 41 Battalion near her home in Barranca Bejuco, municipality of Ayutla. The doctor at a local clinic refused to certify her injuries for fear of reprisals from the military and she had to travel a further six hours to Ayutla to receive medical attention. Despite legal challenges by human rights organizations, the case was being handled by a military prosecutor.
An AI delegation visited the country in July, travelling to Oaxaca, Guerrero and Chiapas.
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