Human Rights and Civil Society · Justice in Mexico · Transparency & accountability

National Commission on Human Rights Reports on Complaints and Violations

9/19/11 — On the September 15 International Day of Democracy, the National Commission on Human Rights (Comisión Nacional de los Derechos Humanos México, CNDH) held a forum and released a report to promote the development of the “Culture of Lawfulness to build a better México.” On the eve of Mexico’s independence day, the symbolic purpose of “the independence from violence and human rights abuses” was made clear by CNDH during the release of a report documenting human rights complaints spanning from January through June 2011.

On Friday September 16, CNDH released its report detailing misconduct, torture, and human rights abuse by authorities totaling over a thousand incidents in just six months. One of the main reports by CNDH alleges documented instances of the Mexican Army using electric shock torture to a man in Veracruz to obtain a confession. Secretary of National Defense (Secretaría de la Defensa Nacional, Sedena) Guillermo Galván Galván and CNDH agree that the specific incident occurred April 21, 2010 when two police officers arrested the victim who fled after a confrontation between soldiers and gunmen in the Rancho El Lindero in the town of Panuco. The incident was reported in early January 2011 after the story was corroborated.

The detainee, whose name was not released and to whom the CNDH referred to as V1, was present at scene of a shooting because he had been picked up in Matamoros days earlier by criminals and forced to work for them. After being confronted by the Mexican Army and charged as a suspect, he fled to a nearby village where soldiers found him. He was detained and transported blindfolded in a van to a shack outside of Tuxpan. “He was blindfolded and, when he denied his affiliation with organized crime, had water poured on his skin and given electric shocks all over his body, producing open wounds,” described the CNDH document. According to reports, V1 was then taken to army barracks in Tuxpan, where he was subjected to physical and psychological torture, although an Army doctor certificated that there were no signs of torture or mistreatment during the interview. Fourteen hours after being arrested, V1 was handed over to the Attorney General’s Office (Procuraduría General de la República, PGR). According to the CNDH report, the Attorney General verified that the victim suffered multiple lacerations to the face, chest, back, stomach, arms, and blisters in various parts of the body. This report was confirmed by a medical expert, and the PGR has opened a preliminary investigation into the military’s actions.

On April 23, V1 was arrested for alleged involvement in federal crimes and spent six months detained at Social Rehabilitation Center No. 5, in Villaldama, Veracruz. He was released on October 22, 2010 due to lack of evidence. According to the National and Military Attorney General’s preliminary investigation, the release date was not reported to the Unit Inspection and Control of the Mexican Army and Air Force. “It is unacceptable that even with the evidence in the case, there was no administrative investigation or to rule on the probable criminal liability that might arise for public servants (military) who participated in the events of the incidents to obtain the confession” stated Palencia. CNDH instructed the Department of Defense to make amends to the victim and to collaborate in the complaint filed with the PGR and the Office of Military Justice.

Comisión Nacional de los Derechos Humanos México- Reported Instances of Torture, January 2011- June 2011

Total: 1,004
Baja California: 103
Michoacán: 101
Guerrero: 77
Durango: 74
Oaxaca: 48
Coahuila: 46
Nuevo León: 45
Tamaulipas: 45

The president of CNDH, Raul Plascencia Villanueva, announced that the recent constitutional reforms surrounding human rights protections were the most important and and impactful policy change that could benefit contemporary Mexico. (To read more about the recent reforms, see page 14 of TBI’s July News Report.) The human rights representative of Guanajuato, Gustavo Rodríguez Junquera, additionally stressed that the reforms represented a historic victory and is the most important step that has taken on the subject in decades, which benefits the design and supervision of human rights in Mexico. In his inaugural address of Congress, Rodríguez stressed that public safety in Mexico is tumultuous, but that public institutions and government entities must fulfill their required duties.

For more information about public security, human rights, and due process in México, TBI visiting scholar Miguel Sarre is giving a public lecture September 19, 5:30-7:00pm at the University of San Diego Kroc Institute for Peace and Justice Theatre.

Sources:

“Es trascendental la reforma sobre derechos humanos: Plascencia.” Informador. September 8, 2011.

“NECESARIO FOMENTAR VALORES EN EL HOGAR.” Comisión Nacional de los Derechos Humanos México.  September 15, 2011.

Sánchez, Verónica. “Acusa CNDH tortura militar contra detenido.” Reforma. September 16, 2011.

 

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