Arbitrary detention and ill-treatment against Mr. Roberto Encino López / Harassment against his family

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Mexico.

Brief description of the situation

The International Secretariat of the OMCT is gravely concerned with the information received from Antenna International, a member organisation of the SOS-Torture Network, and other reliable sources of the arbitrary arrest, and alleged ill-treatment and torture committed against Mr. Roberto Encino López. Mr. Encino López is an 18-year-old student of indigenous Tsetsal origin. Mr. Encino Lopez’s family has also been the subject of harassment by members of the Mexican Army from the 11th Unassigned Infantry Company (C.I.N.E - 11ª. Compañía de Infantería No Encuadrada) of the 39th military zone, in the Municipality of Altamirano, Chiapas State.

According to the information received, Mr. Roberto Encino López, who attends the Technical Middle School No.36 in Altamirano (Escuela Secundaria Técnica No.36 de Altamirano), was violently arrested on 16 May 2007. At the time of his arrest, Mr. Encino López was out with some schoolmates in the El Campo neighborhood. He was arrested by two people of military appearance traveling in a black Volkswagen Jetta, who forced him into the vehicle and drove him to the military barracks.

According to the same information, throughout the car journey he was ill-treated and even kneed in the back. Once they arrived at the military barracks, he was escorted to a room where he was made to sit on a chair and left in the darkness with a soldier watching over him. Later on, a man identified by the victim as the Lieutenant-Colonel (Teniente Coronel) violently interrogated the victim about an allegedly stolen hand grenade, hitting and humiliating him repeatedly. At one point, Mr. Encino López was allegedly warned: “You’ve been travelling to San Miguel Chiptic (a community in Altamirano) with a 30 year old man. If you sold it to the Zapatistas, you’re finished!”[1]

The officials accuse Mr. Roberto Encino López of having stolen a hand grenade which was apparently lost by members of the Army. The accusations are based on the fact that Mr. Encino López often visited the military barracks along with some schoolmates to collect food waste. This food waste was used to feed pigs as part of a school project.

Furthermore, while Mr. Roberto Encino López was being interrogated, Mr. Carlos Encino López, his brother, reportedly showed up looking for him at the military barracks. According to the information received, after speaking to the Lieutenant-Colonel, Mr. Carlos Encino López was given a few minutes with his brother to try to convince him to “give him the hand grenade”. The victim, Roberto Encino López, declared that the lights were turned off when his brother came into the room. He also said that after a while they were taken to the Lieutenant-Colonel’s office and asked for the name of all other classmates involved in the food waste collection for their school project. The Encino López brothers mentioned Mr. Jorge Luis Sántiz Sántiz and were released and given fifteen minutes to go fetch him.

Later that day, Mr. Jorge Luis Sántiz Sántiz presented himself at the military barracks, accompanied by his father. They asked to speak to the Lieutenant-Colonel, who in turn asked Jorge Luis if he had found a “small piece of metal” amongst the food waste. Jorge Luis gave a negative reply, adding that the military cook had told him there was a seven thousand pesos reward for whoever found the aforementioned “piece of metal”. Mr. Jorge Luis and his father were dismissed, but they were instructed not to leave town and warned that they would remain under investigation.

Ever since, the Encino López brothers have been the subject of harassment by Mr. Juan Encino, a relative and former soldier. Mr. Juan Encino has continuously questioned them on the grenade’s whereabouts, and has warned them not to get any lawyers involved in the affair.

On 21 May 2007, Mr. Juan Encino showed up at the family home with some soldiers in civilian attire. They drove a red car, and one of them threatened Mr. Carlos Encino López saying, “If you don’t have the grenade then tell us the truth, but if we don’t find the culprit then you’re going to jail. Tell your brother [Roberto] that there are some people here to speak to him. If he won’t come out, we can send someone to fetch him”[2]. Later that day, at around eight in the evening, the same soldiers came back, broke into the family home, enquired after Mr. Carlos Encino López, and left.

According to the information received, a medical specialist’s report was requested after the alleged torture inflicted upon Mr. Roberto Encino López. Among other things, this report stated, “[…] Result: The complete medical examination has revealed traces of possible torture or ill-treatment. Similar scars and traces have been found on others persons who have been victims of torture before and it can therefore be deducted that he was also subjected to acts of torture.”[3]

The International Secretariat of the OMCT manifests its great concert for the personal safety and integrity of Mr. Roberto Encino López, Mr. Carlos Encino López, Mr. Jorge Luis Santíz Santíz, and that of all other students involved in the aforementioned school project. OMCT would call on the national and local authorities to urgently take all necessary measures to adequately protect them, and all members of their families, against any form of intimidation or reprisal.

OMCT recalls that Mexico is a State Party to the UN Convention Against Torture as well as the International Covenant on Civil and Political Rights (ICCPR). Both of these Human Rights instruments reinforce what is said on the Covenant’s article 7, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” As per these two international treaties, the Mexican authorities should seriously look into all torture and ill-treatment allegations reported by the victims on this appeal, as well as launch a thorough and independent investigation on these events. OMCT also recalls that according to article 15 of the Convention Against Torture, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made”.

Action requested

Please write to the Mexican authorities urging them to:

1. Urgently take all necessary measures to guarantee the physical and psychological integrity of Mr. Roberto Encino López, Carlos Encino López y Jorge Luís Santíz Santíz and all members of their families, including free access to adequate medical assistance if they were to need it;
2. Order an immediate, thorough and impartial investigation into all events reported on this appeal, in particular into the allegations of the torture and ill-treatment to which Mr. Roberto Encino López was subjected, in order to identify all those responsible, bring them to trial and apply the civil penal and/or administrative sanctions as provided by law;
3. Adequately compensate Mr. Roberto Encino López;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights rules and standards, particularly with the Convention Against Torture.

Addresses

• Permanent Mission of Mexico to the United Nations in Geneva, 16, Avenue du Budé. 1202, Geneva, Case postale 433. Fax: +4122.748.07.08. E-mail: mission.mexico@ties.itu.int
• Mexican Embassy in Brussels, 94 avenue F.D. Roosevelt, 1050 Brussels, Belgium. Fax: +32 2 644 08 19
• Mr. President Felipe de Jesús Calderón Hinojosa, Residencia Oficial de los Pinos, Casa Miguel Alemán, Col. San Miguel Chapultepec, C.P. 11850, México DF. Tel: +52 (55) 27891100 Fax: +52 (55) 527 72 376. + 52 (55) 27 89 11 13. ; E-mail: felipe.calderon@presidencia.gob.mx
• Licenciado Francisco Javier Ramírez Acuña, Secretario de Gobernación, Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtémoc, México D.F., C.P. 06600, México ; FAX (55) 5093 34 14 E-mail: frjramirez@segob.gob.mx
• Licenciado José Luis Soberanes Fernández, Presidente de la Comisión Nacional de Derechos Humanos, Periférico sur 3469, Col. San Jerónimo Lidice 10200 México D.F. ; Tel.: +52(55)54907400 Fax: +52(55)56817199 + 55.568 18125 ; E-mail: correo@cndh.org.mx ; correo@fmdh.cndh.org.mx ; aasatashvili@cndh.org.mx
• Licenciado Eduardo Medina-Mora Icaza, Procurador General de la República, Procuraduría General de la República, Paseo de la Reforma nº 211-213, Piso 16, Col. Cuauhtémoc, Del. Cuauhtémoc, México D.F., C.P. 06500, MÉXICO, Fax: +52 55 53 46 09 08; + 52 55 27 89 11 13 (si responde una voz, digan: "tono de fax, por favor"), Correo Electrónico: ofproc@pgr.gob.mx

Addresses in Chiapas

• Sr. Pablo Salazar Mendiguchía, Gobernar of the State of Chiapas, Palacio de gobierno, 1er Piso, Tuxtla Gutiérrez, Chiapas, Conmutador:+52.961.61.290.47, + 52.961.61.290.48 ; +52.961.61.210.93,+ 52.961.61.233.52 y + 52.961.61.205.28 E-mail: secpart@prodigy.net.mx
• Sr. Mariano Herrán Salvatti, Fiscal General del Estado de Chiapas, C.P 30064 Tuxtla Gutiérrez,Chiapas,Conmutador:+52.961.61.653.59;+52.961.61.653.65;+52.961.61.653.74;+52961.61.653.73, Ext 300 – 303
• Magistrado Milton Escobar Castillejos, Presidente del Supremo Tribunal de Justicia del Estado de Chiapas, Palacio de Justicia Tuxtla Gutiérrez, Conmutador:+52.961.617.87.00 FAX: +52.961.616.53.50 E-mail: presidencia@stj-chiapas.gob.mx

Please also write to the Mexican embassy in your country.

Geneva, 7 June 2007.

Please let us know of any action undertaken, citing this appeals number in your message.

[1] Translation by OMCT.
[2] Translation by OMCT.
[3] “Lo anterior de acuerdo a la historia y hallazgos de síntomas e incapacidades, tanto agudas como crónicas, que tienen correlación con la historia de abusos y malos tratos.” Translation by OMCT.