Arrest warrants issued in 2005 torture case of Lydia Cacho

Photo: Expansión Política.
Left to right: Lydia Cacho, Mario Marín Torres, and José Kamel Nacif. Photo: Expansión Política

12/14/20 (written by aahrensviquez) – Mexican federal prosecutors re-issued warrants on December 4, 2020 for the arrest of Puebla’s former governor, Mario Marín Torres; businessman José Kamel Nacif; and Pueblas’s former subsecretary of Public Security, Hugo Adolfo Karam Beltrán, for the unlawful detention and torture of journalist Lydia Cacho in 2005. This highly publicized case has largely been seen as illustrative of the dangers of being a journalist in Mexico and the government’s failure to hold those responsible to account.

The Case of Lydia Cacho

In 2005, Mexican journalist and activist Lydia Cacho published her book The demons of Eden: the power that protects child pornography (Los demonios del Edén, el poder que protege a la pornografía infantil). The book exposed the protection that businessmen Jean Succar Kuri and José Kamel Nacif were receiving from politicians and other businessmen when they were accused of creating a prostitution and child pornography ring. On December 16, 2005, months after the publication of her book, Cacho was arrested in Cacún at the Center for Women’s Comprehensive Assistance (Centro Integral de Atención a la Mujer) headquarters by members of Puebla’s judicial police force on charges of defamation. She was then transferred back to Puebla to face trial.

It was during her transfer, from December 16 to 17, 2005, that Cacho was tortured by members of the police force. According to ARTÍCULO 19, an independent, nonpartisan organization in Mexico and Central America that advocates for the freedom of press, during the ten  hours Cacho was detained, the authorities did not give her food or administer her bronchitis medication, nor was she allowed to sleep. Cacho was only allowed to use the bathroom once and place one phone call during this period. She was subjected to psychological and physical torture, sexual abuse, and threats.

Cacho was eventually released from custody on bail. She went to trial on January 17, 2006 and was fully exonerated on the charges of calumny. 

On February, 14, 2006, in an explosive exposé, an anonymous source publicized a phone call between Governor Marín and businessman Nacif that took place prior to Cacho’s 2005 detention. In the phone call, Nacif urges Marín to arrest Cacho so that she would be sexually assaulted in prison in retaliation for her calumny against him. The governor reassures him, saying that he will deliver a “f**king knock over the head” (“p*nche coscorrón”) to Cacho because in Puebla “the law is respected” (author’s own translation). On March 13, 2006, Cacho filed charges against Marín and Nacif, as well as other state figures.

15 Years of Impunity

In the 15 years since Cacho was detained and arrested, only two people have been sentenced in relation to the case. Two members of the police force, including former Puebla police commander Juan Sánchez Moreno, were convicted of carrying out the torture. So far, however, there has been no accountability for those who ordered the torture. 

The Cacho case eventually made it to the docket of the Mexican Supreme Court (Suprema Corte de Justicia de la Nación, SCJN). The justices launched an investigation of the case and the involvement of Puebla’s then-governor Marín. However, in a surprise ruling on November 29, 2007, the SCJN voted six to four to not go forward in prosecuting the case. The court found that though there were some violations of Cacho’s rights, they were not severe and did not merit the involvement of the SCJN. At the time, René Delgado, the former editor of the newspaper Reforma, called the 2007 vote a “monumental homage to impunity and cynicism” (author’s own translation).

Seeking justice elsewhere, ARTÍCULO 19 filed a petition on Cacho’s behalf to the Human Rights Committee of the United Nations (UN). The Committee ruled in Cacho’s favor in 2018, formally recognizing human rights abuses against the journalist. They determined that Cacho’s detention was arbitrary, meaning that there was little to no evidence that she had committed a crime at the time of the arrest. The Commitee also found that the arrest and torture had been retaliatory in nature. Additionally, they noted that the sexual nature of Cacho’s torture indicated that she had been discriminated against because of her gender, a protected characteristic. Finally, the Committee found that the state had not fulfilled its obligation to investigate this case and hold those responsible accountable.

Two months after ARTÍCULO 19 presented their petition to the UN, Mexican federal prosecutors brought the charges against the police commanders that carried out the torture ordered by their superiors. In 2016 Succar, who Cacho exposed in her 2005, was indeed convicted of child pornography and child sexual abuse in Cancún and was convicted to 112 years of prison.

Arrest Warrants Issued for Marín, Nacif, and Karam

Finally, in April of 2019, arrest warrants were issued for Marín, Nacif, and Karam. However, they were cancelled in November 2020 by the Third Circuit Court in Cacún through a writ of amparo. Judge María Elena Suárez Préstamo of the First Unitary Court (Primer Tribunal Unitario) reissued the warrant on December 4, 2020 for their arrest after reviewing the case. Marín, Nacif, and Karam are currently fugitives. 

Mexican Attorney General Alejandro Gertz Manero reported in July that Nacif was traced to Lebanon and disclosed that they were in communication with the Lebanese government to process his extradition. Cacho sharply criticized Gertz in an interview with W Radio Mexico, claiming that she had located Nacif through her coordination with Europol and Interpol and Gertz had risked her case by making that information and strategy public. She also rebuked him for mishandling her case. She posited that through her work, she and her team also located Marín and Karam, but neither of them have been detained either. Cacho is suspicious that Gertz may have some vested interest in not seeing her case through.

2020 Continues the Trend of Violence Toward Journalists in Mexico

In an article in El País, ARTÍCULO 19 described the Cacho case as a “fight against impunity in one of the most violent countries in the world to practice journalism.” Indeed, violence against journalists in Mexico have been widely publicized and well-documented over many years. Justice in Mexico consistently includes a section addressing violence against journalists in its  yearly Organized Crime and Violence in Mexico Special Report.

According to the Committee to Protect Journalists (CPJ), from 1992 to 2020 there were 53 confirmed cases of journalists killed, 67 unconfirmed cases, and four cases of media-support workers were killed in Mexico (“Explore all CPJ data”). The CPJ identifies both homicides cases with motives that have been confirmed to have been related to the journalist’s profession, as well as cases with unconfirmed motives. In fact, this year, the CPJ identifies Mexico as the country with the most homicide cases with five confirmed motives in 2020, followed by Iraq and the Philippines each with three confirmed journalist murders. In 2020, the following journalists were  murdered in Mexico:

  • María Elena Ferral Hernández of El Diario de Xalapa and El Quinto Poder was murdered on March 30, 2020;
  • Jorge Miguel Armenta Ávalos of Última Palabra and Medios Obson was murdered on May 16, 2020;
  • Pablo Morragares Parraguirre from PM Noticias was murdered on August 2, 2020;
  • Julio Valdivia of El Mundo was murdered on September 9, 2020; and 
  • Israel Vázquez of El Salmantino was murdered on November 9, 2020.

The aforementioned ARTÍCULO 19 has not released their most updated data on violence against journalists in 2020. However, the organization released their tallies for the first six months of 2020 (from January to June 2020). The findings are alarming. The report documented 406 instances of violence or aggression against journalists including cases of threats, harassment, assault, murder, and disappearance, among others. This is up 45% from the 280 cases they identified during the same period in 2019.

In an effort to address the violence against journalists, the Mexican government created the Mechanism for the Protection of Defenders of Human Rights and Journalists (Mecanismo de Protección a Personas Defensoras de Derechos Humanos y Periodistas). Its objective is to provide protection for journalists that were threatened, including temporary relocations, armored vehicles, and security escorts. According to the Mexican National Commission for Human Rights (Comisión Nacional de los Derechos Humanos) report, there is a 90% impunity rate for crimes committed against journalists. Not only does the government often fail to protect journalists and bring their perpetrators to justice, public officials are often the perpetrators of said violence against journalists. ARTÍCULO 19 identifies public officials as the assailants of 199 cases out of the 406 cases of aggression against journalists that were identified in the first six months of 2020.

The Cacho case is a poignant, public exemplification of the issues facing Mexican journalists. She was victim to institutionalized torture at the hands of public officials in retaliation for holding power to account. Even with evidence against her assailants so widely publicized, she was unable to obtain justice from the government. Even now that her case was reopened, the arrest warrants have not been carried out, with very little hope that they ever will be. Moreover, she maintains that the justice system has continued to mishandle her case. Her public ire after 15 years is the same frustration that is inherent to being a journalist in Mexico.

Sources

“Gober precioso.” Youtube.com. February 13, 2007.

Relea, Francesc. “La impunidad ya tiene carta blanca en México.” El País. December 5, 2007.

Castro, Aída. “Cronología: Caso Lydia Cacho.” El Universal. June 2, 2008.

“Juez ratifica condena a Jean Succar Kuri por abuso de menores.” Regeneración. August 10, 2016.

“ONU reconoce violaciones a los derechos de la periodista Lydia Cacho.” ARTÍCULO 19. August 2, 2018.

“Demanda CNDH esclarecer el 90% de crímenes contra periodistas que permanece en impunidad lacerante- 13 en los últimos once meses-por falta de investigaciones prontas, diligentes, profesionales y eficaces de Procuradurías y Fiscalías.” Comisión Nacional de los Derechos Humanos. November 2, 2019.

“Syria, Mexico deadliest countries for journalists in 2019.” Committee to Protect Journalists. December 17, 2019.

Vivanco, José Miguel. “El luto del periodismo en México.” Human Rights Watch. June 11, 2020.

Calderón, Laura, et al. “Organized Crime and Violence in Mexico: 2020 Special Report.” Justice in Mexico. July 2020.

Hernández Zamora, Araceli. “El Fiscal tiró a la basura mi caso por bocón: Lydia Cacho.” W Radio Mexico. July 13, 2020.

“‘Todo lo tiró por bocón, por inútil’: Lydia Cacho acusó a Gertz Manero de echar a perder la investigación contra Kamel Nacif.” Infobae. July 13, 2020.

“Primer semestre de 2020: crecen exponencialmente las agresiones contra la prensa y continúan los asesinatos.” ARTÍCULO 19. September 14, 2020.

ARTÍCULO 19. “15 años de impunidad en el ‘caso Lydia Cacho’.” El País. November 16, 2020.

“Caso Lydia Cacho: De nueva cuenta se giran órdenes de aprehensión contra Marín, Nacif y Karam por delito de tortura.” ARTÍCULO 19. December 4, 2020.

“Vuelven a girar órdenes de captura contra Kamel Nacif y Mario Marín por tortura contra Lydia Cacho.” Animal Político. December 4, 2020.

“Explore all CPJ data.” Committee to Protect Journalists.

“Sobre ARTICLE 19.” ARTÍCULO 19.

Ni una más: Femicides in Mexico

Source: Femtiden

Source: Femtiden

04/04/18 (written by Michelle Lara Olmos)- The murder of 19-year-old Mara Fernanda Castilla in September of 2017 elicited a fitting response; outraged citizens marched across Mexico demanding government action against the often recognized, but rarely addressed trend of femicide in Mexico. Less than six months later, Mexico’s National System of Public Security (Sistema Nacional de Seguridad Publica, SNSP) released statistics ranking January 2018 as the month with the third highest number of femicides in Mexico’s recorded history, with 64 femicides.

Femicide, the murder of a woman, in particular committed by a man, on account of her gender, is not new to Mexico. The majority of femicides victims are stabbed, beaten to death, or strangled. The interpersonal violence against women in Mexico has staggered over the past ten years, catching the attention of many civil society organizations, both inside and outside of Mexico. Human rights efforts are often dedicated to building public-will to address and resolve gender related crimes. According to the Telesur television network, a representative from the United Nations Human Rights to Mexico, Jan Jarab, condemned Mexico’s lack of federal action against rising femicides, which only reinforces a culture of gender-based violence. He commented “Impunity is very high so you can not see the deterrent effect of the [femicide] sanction” (Telesur). Continuing, he urged Mexico’s government to reevaluate its efforts and seek solutions to protect their women.

According to United Nations statistics, around 64,000 women and girls are killed annually. Moreover, 14 of the top 25 countries with the highest rate of femicides resides in Latin America and the Caribbean. Specific to Mexico, UN statistics show that an average of seven women are murdered daily. Some attribute the recent spike in Mexico’s femicides to the rise in violence between organized crime groups. Regardless, Mexico’s rate of femicides reflects the level of impunity characteristic of Mexico’s culture even today.

“Violence against women isn’t an epidemic, it’s a pandemic in Mexico,” said Ana Guezmez, a United Nations Women on behalf of Mexico (Reuters). A 2017 joint report from the National Women’s Institute in Mexico and the UN Women’s agency highlighted the increase of femicides from an annual rate of 3.8 femicides per 100,000 women in 1985 to 4.6 in 2016. Other statistics, like those released by Mexico’s National Commission to Prevent and Eradicate Violence against Women, report that the number of femicides increased by 500 percent between 2001-2010. According to the Guardian, the rise in femicides relatively corresponds to former President Felipe Calderon’s military strategy against organized crime, which led to an overall rise in homicides. Relatedly, the states with the highest levels of femicide are often those with a high organized crime group presence. For example, the state of Guerrero has been particularly affected by organized crime presence and in 2016, the city of Acapulco in Guerrero suffered 107 femicides, the highest number of femicides than any other municipality that year.

Due to international pressures and civil society efforts, Mexico’s chamber of deputies (Cámara de Diputados) passed counter-femicide initiative by way of legislation in 2007. This legislative sanction categorized femicide as the most serious form of gender violence, taking an important step towards preventing violence against women. The legislation also established the practice of gender violence alerts, a tool intended to provide emergency measures to women and also to bring attention to the issue of gender-based violence. In 2017, 10 Mexican states enacted a gender alert for violence against women. Out of the 671 femicides occurring in 2017, 6 out of 10 occurred in a state where an alert was activated.

Unfortunately, the National Citizen Observatory on Femicide (Obervatorio Nacional contra el Femicidio) released figures that out of the 800 femicides between January and June 2017, only 49 percent were investigated. An unidentified Reuters source commented,” Violence against women is so rife that there’s no political cost for those who don’t deal with the issue.” The Citizen Observatory, an alliance of civil society organizations partnered with UN Women, actively campaigns for increased accountability and transparency of information on the issue of femicide. According to UN Women, femicide is often the culmination of widespread gender-based violence.

Source: Daphneé Denis

Source: Daphneé Denis

In a UN Womens’ Report “The long Road to justice, prosecuting femicide in Mexico,” the authors explain a direct correlation between Mexico’s “patriarchal, misogynist mindset and gender violence and girls which can result in death is perpetrated, in most cases, to conserve and reproduce the submission and subordination of them derived from relationships to power.” According to the authors of the report, misogyny is still very relevant in Mexico. A survey released by Reuters ranked Mexico City the fourth most dangerous city for women. According to a collaborative report, La Violencia Feminicida en México, Aproximaciones y Tendencias 1985-2016, there has been little change to the overall cultural mindset, which marginalized women as “disposable” and permeating gender-based violence, and ultimately, femicide. In 2016, there were 2,746 femicides in Mexico and in the last decade there was 23,800.

Notable organizations working towards ending the system violence against women in Mexico include: Nuestras Hijas Regreso a Casa, Red Mesa de Mujeres, El Closet de Sor Juana, Las Hijas de Violencia, etc. These activists organize campaigns, rallies and marches in order to keep femicides in the limelight and seek a solution. For example, Juarez Imelda Marrufo Nava, a women activist, works with the families of the femicide victims in order to get justice for their daughters. She began her organization, Red Mesa de Mujeres de Ciudad Juarez, in 2001, following the discovery of a nearby mass grave. Her organization focuses on attaining legal support for the victims’ families as well as bringing more attention to the issues of impunity and gender violence.
Marches are a particularly effective advocacy mechanism for raising awareness of femicides and impunity in Mexico. Recently, on March 8th, large crowds of women protested in the streets of Mexico City, demanding greater attention and accountability for women’s rights abuses. Women held signs that read, “Not one more femicide,” “I want to live without the fear of thinking that my daughter will not return.”

 

Sources

Díaz, Lizabeth and Anahi Rama.“Violence against women ‘pandemic’ in Mexico.” March 6, 2014.

The long road to justice, prosecuting femicide in Mexico.” UN Women. November 29, 2017.

Femicides Surge in Mexico as Cartel Violence Soars.” December 14, 2017.

Mexico: murders of women rise sharply as drug war intensifies.” Associated Press in Mexico. December 14, 2017.”

Mexico’s first ‘Seduction School,’ Rape Culture and Femicide.” Telesur. January 22, 2018.

Enero de 2018, mes con mas femicidos en la historia de Mexico.” SIPSE Mexico. February 23, 2018.

UN Calls on Mexico Increases Efforts Against Gender Violence.” Telesur. March 7, 2018.

Garcia, Jacobo. “Las mujeres mexicanas se movilizan contra la violencia machista.” El Pais. March 8, 2018.

ONU Mujeres insta a acelerar soluciones para el feminicidio en México.” Diario las Americas. March 8, 2018.