Mexico
05.05.03
Urgent Interventions

the forced disappearance of Marcelino Santiago Pacheco

Case MEX 020503

Forced Disappearances / Risk of torture


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 Accion de los Cristianos para la Abolicion de la Tortura de Mexico, ACAT-Mexico, of the forced disappearance of indigenous Zapoteco, Marcelino Santiago Pacheco in Oaxaca, Mexico. According to the information received, on April 28th, 2003, Marcelino Santiago Pacheco, an indigenous Zapoteco and member of the Organisation of Indigenous Zapoteco Communities (La Organizacion de Pueblos Indigenas Zapotecos) OPIZ, disappeared in Oaxaca. The spokesman for OPIZ, and member of the National Movement for the Freedom of Political Prisoners and Prisoners of Conscience (La Coordinacion Nacional por la Libertad de los Presos Politicos y de Conciencia) Juan Sosa Maldonado, claimed to have spoken with Mr. Pacheco the night before his disappearance. On April 27th, 2002, at about 8:30 p.m. Mr. Moldonado and Mr. Pacheco had a brief conversation, agreeing to wait for colleagues coming from Loxicha, and discussing an important meeting taking place the following Tuesday in Oaxaca. The following day, Monday, April 28th, 2002, Mr. Pacheco left home some time after 2 p.m. headed towards the centre, leaving his recently washed laundry drying. He has not been seen by his family since.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Pacheco, particularly seeing as how he has already been a victim of forced disappearance and torture. OMCT calls on the Mexican government to immediately disclose Mr. Pacheco's whereabouts, to allow family meetings and access to legal counsel, and to guarantee his integrity at all times. OMCT calls for the immediate release of Mr. Pacheco unless there are valid legal charges against him, which are in line with international law, and, if such charges exist, for them to be promptly brought before an independent and competent tribunal and for his procedural rights to be guaranteed at all times. Background Information According to the same sources, Marcelino Santiago Pacheco had suffered a previous forced disappearance lasting nine months. After his disappearance, a local Amnesty Law helped his case at the local level, but he served four years in prison under federal charges. He was finally pardoned and released in July 2002, after a prolonged hunger strike. In October 2002, OPIZ denounced the former governor and Secretary of the Interior, Diodoro Carrrasco Altamirano, the former state prosecutor and director of the police, for human rights violations committed against indigenous Zapotecas. Mr. Pacheco was waiting for an appointment to testify when he disappeared. According to information received, at least 150 indigenous Loxichas have been imprisoned and tortured in the last few years. The majority have been pardoned and freed. There are reportedly fourteen prisoners under federal law, six about to be sentenced. The forced disappearances of Felipe de Jesus Antonio Santiago and the afore-mentioned Marcelino Santiago Pacheco were amongst the longest and most severe of the disappearances, consisting of nine months of detention and torture. Simon Antonio Juarez reportedly disappeared on two separate occasions. There have also been documented cases of extrajudicial killings. The Interamerican Commission on Human Rights intervened in the case of the extrajudicial execution of Selerino Jiménez Almaraz, whose killer, ex-police officer Lucio Esteban Vasquez Ramirez, is currently imprisoned.

Action requested


Please write to the authorities in Mexico urging them to: i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Pacheco ; ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times; iii. guarantee that Mr. Pacheco is granted access to legal representation and family visits; iv. take all measures necessary to guarantee the security and integrity of the indigenous Zapotecos and to prevent further violence in the region; v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses



  • President of the Republic President Vicente Fox Quesada, Residencia Oficial de Los Pinos Colonia San Miguel Chapultepec, Fax: (+52-55) 55 22 34 26, E-mail: webadmon@appresidencia.gob.mx


  • Secretary of the Interior Mtro, Ricardo Sepulveda, Reforma 99. Colonia Tabacalera CP. 06030 México, DF. Fax: (+52-55) 51 28 02 34 y 24, E-mail : rsepulveda@segob.gob.mx


  • General Prosecutor of Justice of the State of Oaxaca, Fax: (+52-951) 51 56 786


  • Oaxaca State Comision for Human Rights, Calle de los Derechos Humanos 210. Colonia América. CP. 68050. Oaxaca, Oaxaca, Fax: (+52-951) 51 35 197



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

Geneva, May 2nd, 2003

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