seria preocupación por integridad personal y por situación jurídica de arraigados en Chiapa de Corzo_Chiapas

Detention/ Allegations of ill-treatments/ Concerns about personal safety and integrity/ Risk of impunity

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

Brief description of the situation

The International Secretariat of OMCT has been informed by the human rights centre “Fray Bartolomé de las Casas, A.C”, member organisation of OMCT SOS-Torture Network, about the arbitrary detention, ill-treatments, violations of due process and detention in “arraigo”[1] of eight people, six of them belonging to the indigenous community “tzeltal”: Mr. Jerónimo Gómez Saragos, Mr. Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara and Mr. Jerónimo Moreno Deara, along with Mr. Alfredo Gómez Moreno and Mr. Miguel Vázquez Moreno. All incidents occurred in the Ocosingo and Chilon, in the comunities of Xanil and Crucero de agua azul in the Chiapa’s State.

The OMCT points out that it has recently denounced the “arraigo” of some other people in Chiapas[2].

According to the information received, the six above mentioned indigenous detainees, residents of San Sebastian Bachajon, were forced by the police to confess burglary and the carrying of arms such as “machetes” and pocket knifes. They were forced to put their finger prints in a document without knowing the details of the document as they are all illiterate and almost no one has a sound understanding of Spanish.

It has been reported that the indigenous detainees were tortured and ill-treated by the Police who kicked and punched them around their abdomens, rips, ears, throats, backs and chests, they were also slapped and the police also broke the teeth of one of them by punching his face with the handle of his gun. While detainees were transported to the police station several police officers allegedly sat over their bodies and put a plastic bag with water on the head of one of the detainees and also blindfolded him and placed a wet red handkerchief in his nose. Finally, without reason the police officers deposited a cell phone and a photo camera into the pockets of the detainee’s pant.

According to the same information, all the detains remain in the “Casa de Arraigo Quinta Pitiquitos, Chiapa’s district of Corzo, where they are custody as “arraigados” for 30 days, by request of Attorney General (Fiscalía Especializada Contra la Delincuencia Organizada (FECDO). The District attorney, José Alonso Hernández Vicente, has opened a file against all these individuals No. 016/FECDO/2009-04, for burglary aggravated by violence, organized crime, and other crimes that shall be found.

OMCT rejects firmly the above mentioned gross human rights violations and expresses its concern about the safety and personal integrity of Mr. Jerónimo Gómez Saragos, Mr.Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara, Mr. Jerónimo Moreno Deara, Mr. Alfredo Gómez Moreno and Mr. Miguel Vázquez Moreno and their families. OMCT urges the Mexican Federal and State authorities to take measures to guarantee and to protect the lives, the safety and the personal integrity of the above mentioned persons.

OMCT recalls that México as State Party of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and of the International Covenant of Civil and Political Rights (ICCPR), which forbidden torture and any other cruel, inhuman or degrading treatment or punishment and that according to Art. 11 of the Convention against Torture is established : “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture » Furthermore, OMCT points out that according to Article 9.1 del ICCPR « Nobody shall be subjected to arbitrary arrest or detention ».

On the other hand, OMCT point out that according to the Convention against Torture especially Art. 13, Mexican authorities are called to seriously consider the allegations formulated by victims of torture and other cruel, inhuman or degrading treatment or punishment and to open a thorough and independent enquiry of these allegations.

Backgrounds

According to the information received, on 13 April 2009 at 10am, Mr. Jeronimo Gomez Saragos was detained by the preventive State Police (PEP) at the Ocosingo market, while Mr. Saragos was buying some groceries once he had finished his work at farm.

According to the same information, around 10:00pm of the same day, Mr. Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara and Mr. Jerónimo Moreno Deara, at the Temó comunity of Chilón, were also detained by members of the PEP and State police of Caminos (PEC). The detainees were on a private car and they were going to find out the reasons of Mr. Jerónimo Gómez Saragos’ previous detention. The information received indicates that Police officers, who detained the above mentioned persons, broke the windows of their car and the detainees were taken off with punches and kicks. The above mentioned detainees explained that they were in that place at that time to monitor the road because assaults had taken place, especially in Salto de Tigre, Chilón.

Furthermore, Mr. Alfredo Gómez Moreno, who belongs to Xanil indigenous community, was also detained, by members of the PEP on 18 April 2009. According to the same information, he was detained as a consequence of the point out made against him by Mr. Juan Carlos Jiménez Hernández, member of the Organization to defend indigenous and farmers (OPDDIC), and which was with the police officers at the time of the detention3. Finally, it was denounced that Mr. Miguel Vázquez Moreno- supporter of EZLN[3]- was also detained by the PEP members at the place known as Crucero de Agua Azul. Mr. Moreno travelled along two other persons on 18 April at 09:00pm.

Information received emphasized that, the authorities did not disclose for several days any information with regard to the situation of these two persons not even about their judicial situation. They have been identified as Mr. Maximiliano Garcia Silvano and Mr. Rafael Silvano Garcia and were kept arbitrarily inside their cars, from 09:00pm on Saturday to 02:00pm on Sunday.

Action requested

Please write to the authorities in Mexico urging them to:

1. Take immediate appropriate measures to guarantee the safety and physical and psychological integrity of Mr. Jerónimo Gómez Saragos, Mr. Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara, Mr. Jerónimo Moreno Deara, Mr. Alfredo Gómez Moreno and Mr. Miguel Vázquez Moreno, and all the members of their families;
2. i. Guarantee to every detainee the immediate and unconditional access to a lawyer freely chosen by them, access to a doctor of their choice and unconditional visits by their families;
3. Order the immediate release of Mr. Jerónimo Gómez Saragos, Mr. Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara, Mr. Jerónimo Moreno Deara, Mr. Alfredo Gómez Moreno and Mr. Miguel Vázquez Moreno in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
4. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Guarantee adequate reparation to Mr. Jerónimo Gómez Saragos, Mr. Antonio Gómez Saragos, Mr. Miguel Demeza Jiménez, Mr. Sebastián Demeza Deara, Mr. Pedro Demeza Deara, Mr. Jerónimo Moreno Deara, Mr. Alfredo Gómez Moreno and Mr. Miguel Vázquez Moreno;
6. i. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards;

Addresses

• Permanent Mission of Mexico to U. N Genève, 16, Avenue du Budé. 1202, Ginebra, Case postale 433. FAX: + 41 22 748 07 08 E-mail: mission.mexico@ties.itu.int;
• Señora Embajadora de Mexico ante la UE. Sandra Camila Fuentes Berain Villenave, observadora permanente de Mexico ante el Consejo de Europa 94, Avenue F.D. Roosevelt, 1050 Bruselas, Bélgica. FAX: +32264408 19 Tel. + 32 2 629 07 77; E-mail: embamex@embamex.eu
• Señor Presidente Felipe de Jesús Calderón Hinojosa, Residencia Oficial de los Pinos, Casa Miguel Alemán, Col. San Miguel Chapultepec, C.P. 11850, México DF. Tel.: +52 5527891100; FAX: +52 55527 72 376 ; + 52 55 27 89 11 13 E-mail: felipe.calderon@presidencia.gob.mx
• Licenciado Fernando Francisco Gómez-Mont Urueta, Secretario de Gobernación, Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtémoc, México D.F., C.P. 06600, México, Fax: +52 55 5093 3414 E-mail: secretario@segob.gob.mx
• Licenciado Mauricio E. Montes de Oca Durán, Unidad para la promoción y defensa de los derechos humanos SEGOB. E-mail: mmontesdeoca@segob.gob.mx
• Dr. José Luis Soberanes Fernández, Presidente de la Comisión Nacional de Derechos Humanos. E-mail: correo@cndh.org.mx
• Licenciado Milton Escobar Castillejos, Presidente del Supremo Tribunal de Justicia del Estado de Chiapas. E-mail: dyrpstje@hotmail.com Conmutador: + 52 961 61 78700 (cuando les contesten por favor pedir tono de fax)
• Licenciado Amador Rodríguez Lozano, Fiscal General de Justicia del Estado de Chiapas. Libramiento Norte Oriente S/N, Col. Infonavit El Rosario, C.P. 29049, Tuxtla Gutiérrez Conmutador: + 52 961 617 23 00 Ext. 17117, 17118 E-mail: fiscaliachiapas@prodigy.net.mx
• Señores Magistrados de la Segunda Sala en Materia Penal de la Magistratura Superior del Estado de Chiapas. Conmutador: + 52 961 61 78701 (cuando les contesten por favor pedir tono de fax).
• Licenciado Juan José Sabines Guerrero, Gobernador Constitucional del Estado de Chiapas. Tuxtla Gutiérrez, E-mail: secparticular@chiapas.gob.mx Fax: +529616188088 +52 961 6188056
• Licenciado Juan Carlos Moreno Guillen, Presidente de la Comisión de Derechos Humanos de Chiapas, Boulevard Comitán 143 Col. Moctezuma, Tuxtla Gutiérrez. Tel. +52 961602 8980 y 602 8981, Lada sin costo: 01 800 55 28 242 E-mail: cdh@cdhchiapas.org.mx

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

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

[1] It has been denounced that while a person is detained in “ arraigo”, the detainee is not “officially” detained. However, its judicial status is ambiguous and it prevents to guarantee the innocence presumption and fair trial. According to the complaints the “arraigo” is used to wear one self out psychologically and is also used to pressure detainees or to make false accusations. On the other hand, the U.N Committee against Torture (CAT), in its sessions of November 2006, pointed out to the Mexican authorities its worry about the “arraigo” in the Mexican criminal code.

[2] See appeal OMCT Case MEX 080409.1, issued on 22 April 2009.

[3] It has been denounced the Relationship between members of the OPDDIC, functionaries of public security and investigation authorities, this is a reiterate pattern in this area and it is used to accuse people and point out against followers of “The other campaign”.(political initiative, independent and supporter of popular participation in order to listen to Mexican people in the reaching of their problem’s answers).

4 EZLN Ejército Zapateca de Liberación Nacional.