Mexico
07.05.02
Urgent Interventions

Mexico: arbitrary arrests, detention and beatings of three members of the same family

MEX 070502
Arbitrary arrest and detention / Torture / ill-treatment / Harassment

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Mexico.

The International Secretariat of OMCT has been informed by a reliable source of the arbitrary detention and alleged torture and ill treatment of Vicente López Pérez, and his sons Vicente López Rodríguez and Mariano Lopez Rodriguez, in Simojovel, State of Chiapas, by members of the Agencia Estatal de Investigacion (AEI).

According to the information received, on December 5, 2001, 53 year-old Vicente López Pérez, was captured by various members of the community (“Ejido” Constituciòn”) of Simojovel, who accused him of robbery and of murdering Mr Juan Vàsquez Sànchez, a member of the same community. Our sources add that a day later his sons, Vicente López Rodríguez and Mariano Lopez Rodríguez, aged 22 and 16 respectively, were detained in Los Chorros when they came to ask for money they had earned working in the coffee plantations, from where they were brought to the community (“Ejido” Constituciòn”), where they were accused of robbery and murder. It is important to remark that these youths do not live in the community (“Ejido” Constituciòn”) but in Yab Muk’Ta Na, municipality of Pantelhó.

According to the information received, the following day the youths were transferred to the police quarters (PM) of Simojovel and from there were transferred separately to a “white house” by two people in civilian clothes who have been identified by the detainees as judicial police officers. Our sources add that in this house the father and his sons were blindfolded and taken to different rooms in which they were beaten in the abdomen, face, ribs and neck; they then had their head wrapped in a wet towel and covered in a plastic bag before being beaten all over the body once again.

According to the information received the perpetrators repeatedly dunked the youths’ heads into a bucket of soapy water until they nearly drowned while shouting abuse at them, forcing them to admit their guilt and threatening them with “30 years in jail” otherwise, to which the victims answered “we are not guilty”. Our sources add that they were also threatening with further beatings if they ever told of the torture that they had undergone. Back at the police station the victims were asked by the municipal police if they had been beaten, to which they answered that they had been.

According to the information, the following day the same men who had taken them from the police quarters to the “white house” took them to a clinic for a medical inspection. The Lopez Rodriguez sons were told that they had nothing wrong and the police were given a document before taking them back to the police station where they were shown to an agent from the Ministerio Publico (MP).

According to the information received, during the interview with the MP the victims were in the presence of an interpreter but without legal representation nor anyone they could trust. Moreover, during the testimony municipal and judicial police officers were also present. Vicente López Rodríguez was forced to sign a document with his fingerprints without him being able to verify its contents. Only the father dared accuse the officers of the ill-treatment, the sons being afraid of the threats received; apparently the MP ignored the father’s accusations.

According to the information received, a few days ago Mr Vicente Lopez Perez was freed due to a lack of evidence and has filed a complaint for torture against the members of the Agencia Estatal de Investigacion of Simojovel. One of his sons remains in captivity in the District Jail of that municipality for the crimes of robbery and murder whereas the younger son is incarcerated in a centre for Juvenile Criminals, the Villa Crisol in Berriozabal.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Vicente López Pérez, and his sons Vicente López Rodríguez and Mariano Lopez Rodriguez, and recalls that, in the light of international norms of human rights, admissions of guilt extracted while under torture should not be considered valid, therefore the Lopez family’s guilt should be reconsidered if it has been established solely on their admissions given under torture.

Action Requested:

Please write to write to the authorities of Mexico urging them to:

· take all necessary measures to guarantee the physical and psychological integrity of Vicente López Pérez, and his sons Vicente López Rodríguez and Mariano Lopez Rodriguez;
· order their immediate release of Vicente López Rodríguez and Mariano Lopez Rodriguez;
· in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
· order a thorough and impartial investigation into the circumstances of these events, in particular the alleged acts of torture committed against the people aforementioned, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

Mexico :
· Dr. Vicente Fox Quezada, Presidente de los Estados Unidos Mexicanos, Palacio Nacional,
Patio de Honor, Piso 1, Col. Centro 06067 México, D.F., Tel. (+ 52 5) 395 67 00, 272 69 03, 515 57 14. Fax : (+ 52 5)277 23 76. Webpage http://www.presidencia.gob.mx

· General Rafael Macedo de la Concha, Procurador General de la República, Ave. Reforma esq. Violeta, México, D. F. C.P. 06300, Tel.: (+ 52 5) 626 44 26. Fax: (+ 52 5) 346 09 06

· Dr. José Luis Soberanes Fernández, Presidente de la CNDH, Periférico Sur 3469, Col. San Jerónimo Lídice, 10200, México, D.F. Tel: (+ 52 5) 631 00 40, (+ 52 5) 681 81 25
Fax: (+ 52 5) 681 84 90, Lada sin costo: 01 800 00 869 Email: correo@fmdh.cndh.org.mx

Chiapas:
· Licenciado Julio Cesar Luis Ferro, Gobernador del Estado de Chiapas, Palacio de Gobierno, Av Central y Primero Ote Col. Centro 29009, Tuxtla Gutierrez, Chiapas
· Lic. Jorge Hernández Aguilar, Procurador General Justicia del Estado de Chiapas, Fax: +52 961 -65376
· Lic. Julio Cesar Luis Ferro, Gobernador del Estado de Chiapas, Palacio de Gobierno, Av. Central y primero Ote, Col. Centro 29009, Tuxtla Gutierrez, Chiapas. México. Fax (+ 52 961) 20 9 17
· Lic. Cuauhtemoc Lopez Sanchez, Presidente de la Comisión Estatal de Derechos Humanos de Chiapas, Argentina 455, Col. El Retiro, 29040, Tuxtla Gutierrez Chiapas. Fax (+ 52 961) 25 5 06
· Lic. Homero Tobilla Cristiani, Secretario General del Gobierno del Estado de Chiapas, México Fax: (+ 52 - 961) 28 2 98

Please also write to the embassies of Mexico in your respective country.

Geneva, May 16th 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.