Observatory for the Protection of Human Rights Defenders Annual Report 2005 - Mexico

Lack of result in the investigation into the assassination of Mrs. Digna Ochoa y Plácido²⁰¹

On 24 February 2005, Mr. Bernardo Bátiz, Mexico's Public Prosecutor, decided to conduct a new examination of the forensic evidence in the case of Mrs. Digna Ochoa y Plácido, head of the legal department of the Miguel Agustín pro-Juárez Centre for Human Rights (Centro de Derechos Humanos "Miguel Agustín Pro Juárez" – PRODH) and eminent human rights defender who were killed by an unidentified person in her office in Mexico City on 19 October 2001.

In 2003, the official investigation, led by the Public Prosecutor of the State of Mexico (Procuraduría General de Justicia del Distrito Federal), had concluded that it was a suicide. In June 2003, IACHR had presented the authorities with a report that revealed several loopholes in the investigation. The report had particularly pointed out the lack of rigour in the first autopsy that was performed, in addition to irregularities in the gathering, treatment and preservation of evidence, as well as the strange appearance, eighteen months after the events, of new determining information. The report had also highlighted the lack of attention given to all the different investigative leads. Despite this criticism, the case had been closed, apparently without any remedy to these shortcomings.

On 5 July 2005, Mexico's Public Prosecutor announced that after the exhumation of the body on 28 June 2005, the new autopsy had not provided any additional information. However, by the end of 2005, the case remained open.

On 20 October 2005, the results of the ballistic report by official experts were made public before IACHR by the Mexican authorities. Nevertheless, experts hired by the family proved that the autopsy report was inaccurate regarding the origin and the trajectory of the shot. They also proved that Mrs. Digna Ochoa could not have committed suicide, as her hands bore no trace of the powder that such an act should have left.

Furthermore, by the end of 2005, Mexico was considering the withdrawal of protective measures in favour of Mrs. Bárbara Zamora and Mr. Lionel Rivero, both lawyers and colleagues of Mrs. Ochoa.

Attack against Mrs. Eréndira Cruzvillegas Fuentes²⁰²

On 15 January 2005, unknown people in a car threw bricks at the vehicle of Mrs. Eréndira Cruzvillegas Fuentes, director of the National Centre for Social Communication A.C. (Centro Nacional de Comunicación Social A.C. – CENCOS), in Oaxaca. Mrs. Cruzvillegas Fuentes, particularly involved in the defence of the rights of social leaders in the State of Oaxaca, was going home after a meeting with the Coordinating Body of the People's Indigenous Council of Oaxaca "Ricardo Flóres Magón".

By the end of 2005, the complaint lodged by Mrs. Cruzvillegas Fuentes had not been followed, and no investigation had been opened.

Threats and judicial proceedings against Mrs. Lydia Cacho Ribero²⁰³

At the beginning of 2005, Mrs. Lydia Cacho Ribero, president of the Crisis Centre for Victims – Integral Centre for Women Assistance (Centro de Crisis para Victimas – Centro Integral de Atención a las Mujeres – CIAM) in Cancún, Quintana Roo, was subjected to threats and acts of harassment by attackers of the women who found refuge at the Centre.

In particular, in January 2005, Mr. José Ramón Hernández Castillón, a former police officer of the Torréon special anti-illegal confinement corps of the Federal Investigation Bureau (Agencia Federal de Investigación – AFI), whose wife and children, victims of his aggression, found refuge at CIAM, came armed at CIAM-Cancún office and threatened Mrs. Cacho Ribero and the staff with death.

Mr. José Alfredo Jiménez Potenciano, a known drug trafficker, had acted the same way in November 2004.

By the end of 2005, the investigations into the acts of harassment by Mr. José Jiménez Potenciano and Mr. Hernández Castillón had not produced any results: the two men remained free and continued to threaten Mrs. Lydia Cacho.

Mrs. Lydia Cacho was also threatened with proceedings for kidnapping, following a complaint lodged with the office of the Quintana Roo State Prosecutor by the sister of Mr. Potenciano's wife.

Furthermore, since December 2004, CIAM-Cancún has received on several occasions telephone threats, after having denounced sexual abuse of children by entrepreneur Mr. Jean Succar Kuri, currently detained in Arizona, United States, and awaiting extradition. Finally, Mrs. Cacho Ribero appeared on a list of people who were subjected to an assassination order by Mr. Succar Kuri, sent by the latter to the local police.

On 28 February 2005, the Public Prosecutor of the Republic (Procuraduria General de la Repúbica – PGR), together with the National Commission for Human Rights (Comisión Nacional de Derechos Humanos – CNDH), offered Mrs. Lydia Cacho the protection of two local AFI officers.

On 6 April 2005, PGR asked the deputy director of the judiciary police of the northern zone of the State of Quintana Roo, Mr. Luis Germán Sánchez Méndez, to take the necessary protective measures in favour of Mrs. Cacho and the women and children in CIAM refuges.

Whereas Mrs. Cacho Ribero benefited, at the end of 2005, from the protection of three AFI officers, she was arrested in her office on 16 December 2005 by officers of the judiciary police of the State of Puebla, and taken to the Quintana Roo Prosecutor's office without an arrest warrant. She was denied the right to speak to her lawyer. She was then transferred to the prison of San Miguel in the State of Puebla, more than 1,500 km from Cancún, in spite of her poor health condition, following a bout of pneumonia. Once in Puebla, Mrs. Cacho learnt that the detention order had been issued by the judge of the Puebla Fifth Court, in accordance with the complaint lodged by the textiles entrepreneur Mr. Camel Nacif Borges. He accused her of "defamation", following the publication of a book denouncing the networks of prostitution entitled The demons of Eden, in which she mentioned his presumed membership of one of these networks.

After 30 hours of detention, Mrs. Cacho was released on bail of 70,000 Mexican pesos (more than 5,500 euros). On 23 December 2005, the Court of Puebla judged that there were elements which allowed to judge Mrs. Cacho Ribero for "defamation" and "slander", two crimes liable to a prison sentence. However, deeming that the crimes were not serious, the Court decided that Mrs. Cacho Ribero would appear free. Nevertheless, she had to report monthly to the judge until her trial, for which no date had been determined by the end of 2005.

Mrs. Cacho Ribero decided to lodge a complaint before the State Supreme Court against the government and the Public Prosecutor's office of the state of Puebla for incompetence.

In addition, other CIAM members were harassed and threatened in 2005. On 5 December 2005, four members of CIAM were thus detained for an hour in Chamula Zinacantán by police officers from the group Base de Operaciones Mixtas (BOM), with the aim of searching their vehicle and filming them. The officers did not show them any warrant.

Assassination of Mr. Manuel Hidalgo Espinoza²⁰⁴

In February 2005, Mr. Manuel Hidalgo Espinoza, one of the heads of the organisation House of the People, which defends the rights to land of indigenous Tzotziles, was murdered in Venustiano Carranza, in the State of Chiapas.

For many years Mr. Hidalgo had been, because of his activities, subjected to acts of harassment and death threats from caciques (powerful people working in the forestry concern denounced by ecologists) and from paramilitaries of Alianza San Bartolomé.

Acts of harassment against the Fray Bartomolé de las Casas Human Rights Centre²⁰⁵

On 23 February 2005, members of the Fray Bartomolé de las Casas Human Rights Centre (Centro de Derechos Humanos Fray Bartolomé de las Casas – CDHFBC/Frayba) were denied access to the San Cristobal prison, in the State of Chiapas, by AFI policemen, allegedly because they had not received authorisation from the Special State Prosecutor.

In March 2005, three hackers searched into Frayba's electronic archives, extracted all the information and blocked several computers. The organisation lost an important part of the information it had kept with a view to the publication of its annual report. Furthermore, Frayba's headquarter was burgled on 4 April 2005.

Break-in at Tequio Jurídico headquarters²⁰⁶

On 15 March 2005, the offices of the human rights organisation Tequio Jurídico, in Salina Cruz, in the State of Oxaca, were burgled and several documents and computers were stolen. In 2003, this organisation had already been broken into, but no perpetrator had been identified.

Ongoing serious acts of harassment against OESP members

Attack against Mr. Albertano Peñalosa Domínguez and assassination of two of his sons²⁰⁷

On 19 May 2005, Mr. Albertano Peñalosa Dominguez, a member of the Sierra de Petatlán Environmental Organisation (Organización ecólogica de Sierra de Petatlán – OESP), and his children were ambushed whilst driving. Unknown people shot at them several times with large-bore guns. Two of his children, 9-year-old Armando Peñalosa, and 20-year-old Adatuel Peñalosa, were killed. Idalí and Isaac Peñalosa, aged 15 and 19 years old respectively, as well as Mr. Albertano Peñalosa, survived. By the end of 2005, no enquiry had been opened, and the perpetrators of these crimes had not been identified.

Moreover, an arrest warrant was issued by the Guerrero State Prosecutor's office against Mr. Peñalosa, who was accused of the murder of Mr. Abel Bautista Guillén, son of the cacique Mr. Bernardo Valle Bautista, which took place in May 1988 near Mayemal village.

On 30 May 2005, Mr. José Luis Luege Tamargo, Federal Prosecutor for the Protection of the Environment (Procuraduría Federal de Protección al Ambiente – Profepa), assured the public that "State authorities [were] investigating the ambush, but that it was probably a matter of settling of scores between families after previous murder attempts, an unfortunate custom in Guerrero".

Release of Mr. Felipe Arreaga Sánchez²⁰⁸

On 18 September 2005, Mr. Felipe Arreaga Sánchez, OESP secretary, in the State of Guerrero, was released after 10 months of detention in the Zihuatanejo Centre for Social Rehabilitation.

On 3 November 2004, Mr. Felipe Arreaga Sánchez, actively involved in the fight against the deforestation of the Sierra de Guerrero, had been arrested in Petatlán by the Guerrero State Ministerial Police. In the past, he had already been subjected to harassment from the military and police authorities because of his activities. Mr. Felipe Arreaga Sánchez had been, like Mr. Peñalosa, accused of the murder of Mr. Abel Bautista Guillén, and of "criminal association". However, on the day of the crime, Mr. Felipe Arreaga Sánchez was in the village of Las Mesas, recovering from an injury to his spinal column.

In March 2005, Mr. Felipe Arreaga Sánchez was awarded the Chico Mendes Prize for the Protection of the Environment, a prestigious award related to the ecology on the continent.

By the end of 2005, 13 other heads of OESP remained under arrest warrants.

Enforced disappearance of Mr. Diego Bahena Armenta and Mr. Orlando Rebolledo Téllez²⁰⁹

On 5 September 2005, Mr. Diego Bahena Armenta, a member of OESP and of Coyuca de Catalán, as well as a former member of the Southern Sierra Farmers' Organisation (Organización de Campesinos de la Sierra del Sur – OCSS), was arrested along with nine other men from several Guerrero communities by military members of the 19th Infantry Batallion, based in Petatlán, and accused of holding fire-arms exclusively reserved for the army. He was presented before the Zihuatanejo Federal Prosecutor and then transferred to the Las Cruces penitentiary, in Apapulco, before being released on 13 September 2005.

On 8 November 2005, Mr. Diego Bahena Armenta, who lives in Zihuatenejo, in Guerrero province, disappeared, after being abducted from his workplace by eight armed unknown persons.

Subsequently, the General Prosecutor, Mr. Eduardo Murueta Urrutia, affirmed that the Ministerial Investigatory Police (Policía Investigadora Ministerial – PIM) was not involved in the detention or the disappearance of Mr. Diego Bahena Armenta. He also added that the latter would be associated with the Revolutionary Army of Insurgent People (Ejército Revolucionario del Pueblo Insurgente – ERPI).

By the end of 2005, Mr. Diego Bahena Armenta was still missing, such as Mr. Orlando Rebolledo Téllez, another OESP member, who disappeared on 14 February 2005.

Assassination of Mr. Octavio Acuña Rubio²¹⁰

On 21 June 2005, Mr. Octavio Acuña Rubio, one of the heads of the Queretaro Association for Sexual Education (Asociación Queretana de Educación para la Sexualidad – AQUESEX), was found stabbed to death at his organisation's offices in the State of Querétaro. Nothing was stolen from the premises.

AQUESEX is an NGO devoted to HIV/AIDS education and prevention, promoting the rights of homosexuals and which also fights against police brutality.

In the past, AQUESEX had been subjected to recurring acts of harassment (thefts, homophobic graffitis painted on the main door).

One week before being killed, Mr. Acuña Rubio had taken part in a Forum on Sexual Rights and had expressed fear of reprisals from the police, because of his numerous denunciations of the violations committed by members of the police.

On 24 September 2004, Mr. Acuña Rubio had lodged a complaint with the Queretaro State Human Rights Commission (CEDHQ) after verbal and physical attacks from policemen, against himself and his partner, Mr. Martin Romero, in the night of 17 September 2004.

By the end of 2005, the perpetrators of this murder had still not been identified.

Assassination of two OCSS members²¹¹

Assassination of Mr. Alfonso García Rosas

On 2 July 2005, Mr. Alfonso García Rosas, a member of the Southern Sierra Farmers' Organisation (OCSS), was executed by a group of armed men, who removed him by force from his home in Atoyac, State of Guerrero.

Assassination of Mr. Miguel Angel Mesino

On 18 September 2005, Mr. Miguel Angel Mesino, an OCSS member and the brother of the organisation's director, Mr. Rocío Mesino, was killed 100 metres away from the municipal police station in the centre of Atoyac. His friend, Mr. Zohelio Jaimes, the brother of the director of the Great Coast's Coalition of Ejidos (Coalición de Ejidos de la Costa Grande), was injured.

In the past, several members of the Mesino family who had assumed running positions in OCSS had been imprisoned or assassinated.

Assassination of Mr. Tomás Cruz Zamora²¹²

On 18 September 2005, Mr. Tomás Cruz Zamora, a member of the Huamuchitos community in Cacahuatepec, opposed, as the majority of the community members, to the construction of the "La Parota" hydroelectric factory, was killed while he was taking home some thirty members of his community after an assembly of homeowners opposed to "La Parota", which took place in Aguas Calientes, Acapulco, in the State of Guerrero. Mr. Cirilo Cruz Elacio, a member of the same community, but in favour of the construction of the hydroelectric factory, threatened him, made him stop and shot a bullet in his head before running away. The attacker was immediately identified and placed under custody.

This murder took place in the context of tensions between communities and national and federal authorities over this construction, the institutions having failed to inform the inhabitants of the situation and to involve them in any of the carried out consultations.

On 27 June 2005, two army vans arrived with the intention of intimidating Mr. Cruz Zamora. On the same day, members of the army arrested, at Aguas Calientes, two directors of the Council of Ejidos and Communities Against "La Parota" (Consejo de Ejidos y Comunidades Opositorias a La Parota – CECOP), Mr. Marco Antonio Suástegui and Mr. Francisco Hernández, for having protested against the construction of the hydroelectric factory. They were held in detention for 10 days.

By the end of 2005, the leaders of the community, as well as the residents in the area, were still subjected to intimidation.

Threats against three LIMEDDH members²¹³

On 30 October 2005, Mrs. Yesica Sánchez Maya, president of the Oaxaca section of the Mexican League for the Defence of Human Rights (Liga Mexicana por la Defensa de los Derechos Humanos – LIMEDDH), along with two colleagues, was threatened by the police, whilst returning by bus from San Juan Lalana, where they had held a workshop on human rights.

Eleven members of the preventive police of the State of Oaxaca stopped the bus for "straightforward routine checks", and, without presenting a warrant, tried to make LIMEDDH president and her two colleagues get off the bus. After they refused to obey, the policemen "advised" them to stop frequenting the region, then threatened them by saying that they knew about their activities. The three members of LIMEDDH lodged a complaint, but by the end of 2005, no investigation had been opened.

These events took place in the context of tensions and violations of the rights of the inhabitants of the communities of San Lorenzo, La Esperanza, Lalana, Coapam and Oaxaca, where the population is constantly harassed (threats, acts of intimidation, thefts and even one attempted sexual assault) by groups of the "White Guards", a parallel police force, supported by the government of the State of Oaxaca.

Assassination attempt against Mr. Gustavo Jimenéz Pérez²¹⁴

On 20 November 2005, Mr. Gustavo Jimenéz Pérez, a member of the Chiapas Civil Alliance (Alianza Cívica-Chiapas), which aims at promoting citizens' participation in the democratisation of society, was at home when six men attacked him with knives, pushed him and wounded his face. Believing him dead, they left him almost unconscious.

On 22 November 2005, at a press conference, Mr. Gustavo Jiménez Pérez denounced the attack he had been victim of, as well as the theft of some of his personal items. Whilst returning to his home, Mr. Gustavo Jiménez Peréz, along with Mr. Luis Gabriel Ramirez Cuevas, a member of the Alliance, and a lawyer for the "Fray Bartolomé de Las Casas" Human Rights Centre, found a man, who had clearly been searching the house and destroyed some objects. Fearing him to be armed or accompanied by other people, Messrs. Gustavo Jiménez, Gabriel Ramiréz and the lawyer quickly left the house. The individual in question escaped, uttering threats all the long.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

201. See Annual Report 2004.

202. See Urgent Appeal MEX 001/0105/OBS 006.

203. See Open Letter to the Mexican authorities, 3 February 2005, and Urgent Appeal MEX 008/1205/OBS 129.

204. See the "Miguel Agustín Pro Juárez" Human Rights Centre Report, El derecho a defender los derechos humanos en 2005, December 2005.

205. Idem.

206. Idem.

207. See Urgent Appeal MEX 004/1204/OBS 094.1.

208. See Annual Report 2004.

209. See Urgent Appeal MEX 005/1205/OBS 126.

210. See IGLHRC Press Release, 14 December 2005.

211. See "Miguel Agustín Pro Juárez" Human Rights Centre Report, El derecho a defender los derechos humanos en 2005, December 2005.

212. See Urgent Appeal MEX 002/0905/OBS 085.

213. See Urgent Appeal MEX 003/1105/OBS 107.

214. See Urgent Appeal MEX 004/1105/OBS 119.