Joint letter calling on the European Union to take action in response to the lack of concrete outcomes in locating the 43 students of Ayotzinapa two years after their disappearance.
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Ms Federica Mogherini
High Representative of the European Union for Foreign Affairs and SecurityPolicy
Dear Ms Mogherini:
The coming September 26th will mark the two-yearanniversary of the attacks against the students of the “Raúl Isidro Burgos”Rural Teachers' College of Ayotzinapa in Iguala. These grave acts of violenceresulted in 6 deaths, at least 40 injured and 43 disappeared students. What'smore, taking the relatives of the disappeared students into account, there havebeen over 180 direct victims and around 700 indirect victims of human rightsviolations[1].The Inter-American Commission of Human rights (CIDH) has stated that theactions taken to date by the state authorities have yet to produce any concreteoutcomes or positive advances enabling the whereabouts of the 43 disappeared tobe established.
In accordance with its mandate to verify the linesof investigation, the Interdisciplinary Group of Independent Experts (IGIE) hasrevealed diverse findings and irregularities in the investigation in the tworeports produced on the case of Ayotzinapa. More specifically, it highlightedpotential motives that could be related to drug trafficking between Mexico andthe United States.
Moreover, the Group of Experts and the ArgentineForensic Anthropology Team have rejected the claim that the 43 students were incineratedat the Cocula dump site, a version of events which continues to be stronglymaintained by the Attorney General's Office of the Republic (hereinafter PGR).It is also worthy of mentioning that in relation to the Cocula dump site story,the IGIE made various recommendations due to the multiple deficiencies thatwere identified in the investigation process, such as the lack of scientificrigour in the expert reports and the alteration of tests refuted to Tomás Zerónde Lucio, Head of the Criminal Investigation Agency at the PGR. The signs ofmistreatment or torture of various suspects, without having initiated aninvestigation in accordance with international standards is of particularconcern. In response to the conclusions presented by the IGIE, UN experts havemaintained that “much remains to be done to unveil the truth, guarantee justiceand provide reparations to the victims”[2].
The involvement of different police forces and thearmy in the events of the night of September 26-27th 2014, also remains to beclarified. The IGIE highlighted the total lack of protection of the studentteachers by all of the security forces, in spite of them having knowledge ofthe facts. In turn, the National Commission for Human rights has reported onthe potential involvement of municipal and federal police in the disappearanceof a group of student teachers. According to the PGR, 168 people have beenremanded, 73 of which are municipal police[3],however, few advances have been made in the investigation of the other securityforces identified.
In order to follow up on the precautionary measuresgranted by the CIDH and the recommendations of the IGIE, the Mexican State, theCIDH, relatives of Ayotzinapa and their representatives decided to create aspecial follow-up mechanism on July 29th. This agreement recognises that theAyotzinapa case continues to meet the requirements of severity, urgency andirreparability, and aims to continue with the search for the 43 disappearedstudents and “to double efforts to determine their whereabouts”. Theimplementation of the mechanism recently began which is an important step, but itis essential that the international community carefully monitors compliancewith the commitments and that the necessary guarantees are made so that thedesignated advisors can carry out their work without restrictions.
Various international human rights mechanisms havewarned of the grave situation that Mexico is facing in terms of disappearances.Official sources estimate that there are 28,472 missing persons[4].In this sense, the legislative actions propelled by the Government for theapproval of a General Law on Disappearances are valued positively. However,further efforts should be made to include in the law the civil societyproposals led by collectives of relatives and victims of disappeared. Finally,the high risk suffered by families that initiate searches for their loved onesmust be stressed. Collectives of relatives from various states have reportedthreats, surveillance, intercepted communication, harassment and evenassassinations for starting search brigades for disappeared persons. This alarmingsituation requires international attention.
Given the gravity of the Case of Ayotzinapa, whichillustrates an alarming situation in terms of disappearances and violence inthe country, we, the signatory organisations, hereby call upon the High Representativeto issue a public statement to express concern for the lack of specificresults in determining the whereabouts of the 43 missing students and tosupport the effective implementation of the special follow-up mechanism.Likewise to bring the following demands to the immediate attention of theMexican authorities:
• Take all possible measures to determinethe whereabouts and the circumstances surrounding the forced disappearance ofthe 43 students.
• Initiate an exhaustive investigation ofthe possible cases of torture and mistreatments of persons detained because ofthe Ayotzinapa case, in adherence with international standards.
• Guarantee the physical andpsychological integrity of the families of Ayotzinapa and the human rightsdefenders and accompanying organisations working under high risk in the pursuitof truth and justice.
In addition, we urge both the EU Delegation and theEmbassies of the EU member states in Mexico to visit the state of Guerrero andto hold meetings with the relatives of Ayotzinapa and their legalrepresentatives.
Yours sincerely,
Peace Brigades International (PBI) - Mexico
CIFCA - Copenhagen Initiative for Central America andMexico
German Network for Human Rights in Mexico
OMCT - Organisation Mondiale contre la Torture
PI - Protection International
[1] XXIIInforme de actividades, ¡Pueblo indignado! Resistir con el corazón por delante.Centro de Derechos Humanos de la Montaña, Tlachinollan.
[2] http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=19883&LangID=E
[3] http://www.razon.com.mx/spip.php?article319881 4
[4] http://www.jornada.unam.mx/2016/09/07/politica/009n1pol
