Investigation into the rape allegation resulting in the death of an indigenous woman

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

New information:

The International Secretariat of the OMCT is gravely concerned by the new information received from a member of the SOS-Torture Network, the Human Rights Centre “Miguel Agustín Pro Juárez”, regarding the rape of the 73 year-old indigenous woman, Ms. Ernestina Ascencio Rosario. According to the victim’s family members, the attack, which resulted in the victim’s death, was allegedly carried out by several members of the military in the region of Tetlalzingo, municipality of Soledad Atzompa, Veracruz.

According to the information received, on 29 March 2007, the National Commission for Human Rights (CNDH) published its conclusions with reference to a second autopsy that has been completed by technical-scientific experts on Ms. Ernestina Ascencio Rosario’s remains. In its conclusions, the CNDH established that “there is no evidence that the causes of [her] death are related to cranium traumatism, fractures and dislocation of cervical vertebras, and no traces of tears in the vaginal area, of rectal perforations, or external lesions of traumatic origin have been found”, thus rejecting the hypothesis of rape.

In a declaration to the press, on 13 March 2007, the Mexican President Mr. Felipe Calderón had stated that “there is no evidence that [the woman] has been raped”, while the CNDH mentioned, on 14 March, that the results of the autopsy carried out on 9 March would not be available before 15-20 days. Notwithstanding this, on 14 and 16 March, the President of the CNDH declared, in a press communiqué, that the possible causes of Ms. Ernestina Acencio’s death were not related to rape.

Given all the contradictory and precipitate declarations that have been issued before the decision by the General Prosecutor’s Office of the State of Veracruz on whether there are sufficient elements to indict the soldiers for the rape and death of Ms. Ernestina Ascencio, OMCT fears that the investigations will be neither independent nor thorough, thus leaving the perpetrators unpunished.

Brief reminder of the situation:

According to the information received, Ms. Ernestina Ascencio Rosario was raped on 25 February by around 4 to 11 members of the 63rd Infantry Battalion of the 26th military zone of Lencero, Veracruz. Ms. Rosario was found still alive by her family members, to whom she narrated the events. According to the victim’s testimony, “the soldiers threw themselves at her”. Later, she was transferred to the regional hospital of Río Blanco due to the critical health state in which she was, where she died on 26 February. According to the victim’s family members, the death certificate specified that Ms. Ernestina Ascencio had been raped and had died as a consequence of a liver infection and an intestinal infection. The body also showed traces of torture and the rectum was pierced.

As stated by the information received, military authorities have issued various statements denying all responsibility. In a statement released on the 6th of March, they declared that “criminals wearing military clothing had perpetrated the crime”. According to this statement, the criminals’ reason for wearing the military clothing was to lay the blame on members of the Army in order to compel them to leave the area. In the face of such discourse, OMCT is worried that the investigation carried out by the “Procuraduría General de Justicia del Ejército” (Military Prosecutor’s Office) will be neither independent nor thorough, leaving the perpetrators unpunished.

OMCT also fears that this incident, which has reportedly brought about general discontent in the nearby indigenous communities as well as the social and political destabilization of the region, may result in violent action by the local population and the authorities.

OMCT recalls the existence of various reports on cases of rape allegedly carried out by members of the Mexican Army who, alongside their superior officers, have not yet been prosecuted or punished in compliance with the legislation.

Actions requested:

Please write to the Mexican authorities to urge them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ernestina Ascencio Rosario’s family;
2. Order a thorough and impartial investigation into Ms. Ernestina Ascencio Rosario’s rape, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Award a compensation to Ms. Ernestina Ascencio Rosario’s family;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights norms, in particular the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women.

Addresses:

• Misión Permanente de México ante las Naciones Unidas en Ginebra, 16, Avenue du Budé. 1202, Ginebra, Case postale 433. Fax : + 4122 748.07.08 E-mail: mission.mexico@ties.itu.int
• Embajador Sr. Jorge Ciero, Misión Diplomática de México en Bruselas, 94 avenue F.D. Rossevelt, 1050 Ixelles, Bélgica, Tel.: + 32 2 629 07 11; Fax: + 32 2 644 08 19
• Presidente Felipe Calderón Hinojosa, Residencia Oficial de "Los Pinos", Co. San Miguel Chapultepec, México D.F., C.P. 11850. Fax: +52.5.55.522.94.13 / +52 5 55 277 23 76. E-mail: radio@appresidencia.gob.mx; webadmon@appresidencia.gob.mx
• Sr. Eduardo Medina-Mora Icaza, Procuraduría General de la República, Reforma Norte esquina Violeta 75. Colonia Guerrero CP. 06300, México D.F. TEL: +525553462003 y + 525553462.03. E-mail: ofproc@pgr.gob.mx; Fax: +525553460906
• Dr. José Luis Soberanes Fernández, Presidente de la CNDH, E-mail: correo@ cndh.org.mx. Tel: 525556310040, Fax: +525556818490, E- mail: correo@fmdh.cndh.org.mx
• Francisco Javier Ramirez Acuña, Secretario de Gobernación, Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtemoc, México D.F., C.P.06600. Fax: +52.5.55.093.34.14 / + 52.5.55.093.34.15 E-mail: santiagocreel@compuserve.com; ghuerta@segob.gob.mx
• Maestro Ricardo Sepúlveda, Director de la Oficina para la Promoción y la Defensa de los Derechos Humanos, TEL: +52.5.55.128.02.23 y 24, Fax: +52.5.55.128.02.34 y + 52.5.55.128.02.24, E-mail: rsepulveda@segob.gob.mx
• Secretaría Particular de la Secretaría de la Defensa Nacional, comsoc@mail.sedena.gob.mx, Tel: +52 55- 55-80-11-51, Fax: +52 55- 55-80-11-53
• Secretaría Particular del Gobernador de Veracruz, Tel.: +52 (01) 228 8-41-88-00, Fax: +52 (01) 228 8-41-88-18, E-mail: fidelherrera@veracruz-llave.gob.mx
• Procuraduría de Justicia del Estado de Veracruz, +52 (01) 228 8-41-61-70

Please also write to the diplomatic missions of Mexico in your country.

Geneva, 2 April 2007.

Please let us know of any action undertaken, quoting this appeal’s number.