Mexico
05.06.02
Urgent Interventions

Mexico: torture and hunger strike of two detainees

Case MEX 050602
Torture / Hunger-strike

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

Brief Description of the Situation

The International Secretariat of OMCT has been informed by Acción de los Cristianos para la Abolición de la Tortura, ACAT-México, of concerns for the physical and psychological integrity of two prisoners of conscience, Jacobo Silva Nogales and his wife Gloria Arenas Agís, since they are currently engaged in a hunger strike at Almoloya de Juárez, Estado de México and in Neza-Bordo respectively.

According to the information received, the two political prisoners, Jacobo Silva Nogales and Gloria Arenas Agís, are currently being held at the Penal de Máxima Seguridad de Almoloya de Juárez, Estado de México and in the Centro de Readaptación Social de Neza-Bordo respectively. The couple was charged and purportedly found guilty of holding a firearm, terrorism, criminal association, and abduction.

According to the reports, Jacobo Silva Nogales and Gloria Arenas Agís admitted to have been part of the armed group Ejército Revolucionario Insurgente del Pueblo (ERPI); however, they reportedly did so under torture. They were both arbitrarily detained on October 1999, and subsequently allegedly held incommunicado and tortured during several days, forcing them to sign or place their fingerprints on statements that had been previously prepared.

According to the information received, the United Nations Human Rights Commission confirmed that during the couple’s detention Mexican Authorities violated international treaties by subjecting the prisoners to torture and to illegal and arbitrary acts, but despite this, the authorities have not satisfactorily investigated the allegations of torture, and the procedural violations committed during the criminal process.

According to the reports, Jacobo Silva Nogales and Gloria Arenas Agís have engaged in a hunger-strike, to ask for their immediate release due to the procedural violations and the allegations of tortured mentioned above. Mr. Nogales has been engaged in a hunger strike for 44 days, and Mrs. Agis for 24. Mr. Nogales had to be transferred to the prison’s infirmary due to his serious loss of weight, and other health related problems that endangered his life. Mrs. Agis health is also deteriorating as a result of the hunger strike. ACAT – Mexico has requested that doctors from its organisation be allowed to examine the prisoners.

The International Secretariat of OMCT, is gravely concerned for the physical and psychological integrity of the prisoners of conscience, Jacobo Silva Nogales and Gloria Arenas Agís. OMCT reminds that according to international human rights laws, the prisoners cannot be judged guilty if the only evidence against them has been allegedly obtained under torture.

Action Requested

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

i. take all necessary measures to guarantee the physical and psychological integrity of Jacobo Silva Nogales and his wife Gloria Arenas Agís and ensure that they are given appropriate medical assistance as a matter of urgency;

ii. order their immediate release 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;

iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;

iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.

Addresses

· Doctor Vicente Fox Quezada, Presidente de la República Mexicana, México Distrito Federal, Fax: (+52 5) 516 58 37, (+52 5) 515 57 29, Email: radio@presidencia.gob.mx ; sprivada@presidencia.gob.mx
· Lic. Jorge Madrazo Cuellar, Procurador General de la República, Av.Reforma, esq. Violeta, Col Guerrero México DF, CP 06300 Mexico / DF México, Fax: (+52 5) 626 44 26, Email : ofproc@pgr.gob.mx
· Dr. José Luis Sobenares Fernández, Presidente de la Comisión Nacional de Derechos Humanos, Periféco Sur 3469, Col. San Jeronimo Lidice, CP 10200 México / Df México, Fax: (+52 5) 681 71 99, (+52 5) 681 92 39
· Emb. Mariclaire Acosta Urquidi, Embajadora Especial de Derechos Humanos y Democracia, Fax : +52 5327 30 45, Email : macosta@sre.gob.mx
· Mtro. Ricardo Sepúlveda; Director de la Unidad de Estudios Legislativos. Av. Reforma 99, Col. Tabacalera, C.P. 06030 México D.F. Fax: 0052-55-128 02 34; Tel: 0052-55-5128 0224 rsepulveda@segob.gob.mx

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

Geneva, June 5th 2002

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