Petition of 11 women from Atenco, victims of torture

[Mosi Ngozi]

http://narcosphere.narconews.com/not...co-still-hurts

Posted by Kristin Bricker - May 6, 2008 at 1:57 am

Two years ago, on May 3-4, 2006, federal, state, and municipal police violently invaded San Salvador Atenco, leaving two people dead and 218 people imprisoned. To date, only a handful of police have been prosecuted for very minor crimes, and many of those convicted have since been exonerated. However, sixteen activists remain imprisoned, some with life sentences.

The invasion incurred because a handful of Atenco residents attempted their yearly ritual of selling flowers in a local market before Mother's Day despite plans to build a Wal-Mart on that site. Police told them to leave the area despite a previous agreement with local authorities that they could sell flowers there, but only for the holiday. The Popular Front in Defense of the Land (FPDT), adherents to the Zapatistas' Other Campaign, arrived to support the flower vendors in resistance. The police attacked, and more adherents to the Zapatistas' Other Campaign arrived in Atenco shortly thereafter from surrounding states to support the FPDT, because an injury to one adherent to the Other Campaign is an injury to the entire Other Campaign.

Of the 47 women arrested during the police riot in Atenco, twenty-six report being mentally, physically, or sexually tortured during their detention. To date, no police officer has been convicted of torture or sexual abuse.

One woman, María Paticia Romero Hernádez, remains imprisoned for her participation in Atenco. She reports being threatened by prison officials. Prison officials recently moved a prisoner who's been harassing her into her cell. The deputy director of the prison also recently accused her of leading a prisoners' movement against prison authorities. For this reason he says he is going to plant evidence on her "to aggravate her legal situation."

This past week activists mobilized in Mexico City to commemorate and protest two years of impunity, repression, and unjust imprisonment.

On April 29, female ex-prisoners of Atenco protested outside the Special Prosecutor's Office for Crimes Related to Violence Against Women to announce their petition before the Inter-American Commission on Human Rights (IACHR)regarding the sexual torture they suffered while detained. The IACHR is considered an option of last resort, when citizens are unable to obtain justice through their own countries' legal systems.

The women and their supporters protested outside the Special Prosecutor's Office for Crimes Related to Violence Against Women to make clear that they were forced to seek justice in an international body because of the Special Prosecutor's failure to act on their cases. Sufficient evidence exists to indict the police who tortured them, but the state has failed to do so.

The women report having tried "many, many times" to schedule a meeting with the Special Prosecutor. Mariana de las Selvas has been out of prison for three months. In that time, she's tried on three separate occasions to meet with the Special Prosecutor, but the office always ignored her requests. It wasn't until the women filed their petition with the IACHR and held a protest and press conference outside the Special Prosecutor's office to denounce its inaction did the Special Prosecutor insist on meeting with the ex-prisoners.

The women agreed to the meeting, and entered with a single question for the Special Prosecutor: What has the Special Prosecutor's Office for Crimes Related to Violence Against Women done in the past two years to punish the police responsible for torture in Atenco? Representatives from the Special Prosecutor's office spoke for thirty minutes in response to the question, effectively saying that they had done nothing. Selvas reports that they gave "every excuse under the sun" for why they hadn't met with the ex-prisoners or prosecuted the police for torture, sexual abuse, and rape.

Over the weekend of May 3-4, Atenco residents and supporters held a march and protest in Atenco to protest abuse, repression, impunity, and to demand the release of the remaining political prisoners. Thousands marched in Mexico City on March 4 with the same demands.

After the Mexico City march hip-hoperos held a hip hop festival with rappers, dance hall singers, and b-boys, all demanding justice for Atenco and the immediate and unconditional release of the country's political prisoners. Performers included New Yorker BocaFloja (originally from Mexico City) and national sensation Magisterio. Female artists were well-represented at the event.


Press Release: Atenco Torture Survivors Petition IACHR
Submitted May 6, 2008 - 1:59 am by Kristin Bricker

Press Release
Mexico City, April 29, 2008

Petition of 11 women from Atenco, victims of torture, before the IACHR

Today 11 women, victims of torture during the events of May 3-4, 2006, in Atenco, have presented a petition, accompanied by the "Miguel Agustin Pro Juarez" Human Rights Center (Centro Prodh) and the International Center for Justice and Law (CEJIL in its Spanish initials), before the Inter-American Commission on Human Rights (IACHR) seeking justice and reparations for the damage caused.

The federal, state, and municipal police incursion into San Salvador Atenco on March 3-4, 2006, resulted in human rights violations. Twenty-six of the 47 detained women have denounced having been victims of sexual, physical, or verbal violence by the police that guarded them inside the the vehicles that transported them to the Santiaguito prison.

The Attorney General of the Republic (PGR in its Spanish initials), via the Special Prosecutor for Crimes Related to Violence Against Women (FEVIMTRA in its Spanish initials), headed at that time by Alicia Elena Perez Duarte, initiated an investigation into those who would seem to be responsible for the crimes committed against some women in the Atenco case. Since February 2007, Centro Prodh, a friend of the court in the complaint, verbally and orally requested on multiple occasions that the then-Prosecutor bring charges against the probable perpetrators, something which never occurred despite having all of the necessary prerequisites to do so. Almost two years after the FEVIMTRA initiated the preliminary investigation (FEVIM/03/05/2006), no one has been charged for the torture that the detained women suffered at the hands of public security.

In the State of Mexico a preliminary investigation (TOL/I/466/2006) was incorporated in civil court. Only 21 police were charged, but not for the crime of torture. Rather, they were charged with minor crimes such as abuse of authority or lewd acts. To date, 15 police have already been exonerated and currently only six police officers face charges. Notwithstanding, it's possible that the FEVIMTRA could charge more perpetrators in case 03/05-2006 for the crime of torture of a sexual nature.

On January 25, 2008, a Spanish citizen who suffered serious attacks against her physical integrity and was deported during the previously mentioned operations, filed a criminal complaint with the Spanish National Court. She denounced acts of torture which are susceptible to being recognized by the courts of said country owed to the principle of national jurisdiction which prevails in cases of serious crimes, as sanctioned by international law.

It is troubling that two years after the crimes occurred there are no results and the victims continue waiting for the attention and support guaranteed by the Mexican Constitution. This demonstrates yet again the deficiencies of the Mexican justice system; the governmental entities have proven themselves ineffective with respect to the charging of authorities responsible for the violations of human rights committed in Atenco. Impunity prevails.

The lack of results of the legal processes initiated in the State of Mexico demonstrate that in this state the processes of prosecution and the administration of justice lack impartiality and objectiveness; they remain under the governor's sphere of control. In the federal realm the situation is no different. The investigations initiated by the FEVIMTRA have not resulted in charges despite the fact that the women denouncing the torture have provided sufficient information for this to occur.

Faced with this situation the women who were victims of sexual torture have decided to turn to the IACHR, an autonomous body within the Organization of American States. Cases are presented to the IACHR when the State has not complied with its obligations of internally investigating and punishing the perpetrators of criminal acts.

Today the victims, the Centro Prodh, and CEJIL have presented a petition before the IACHR with the goal of seeking justice and reparations for the victims of this case, charging the Mexican State with failing to meet its obligations before the international community. It should be remembered that the Mexican State is responsible for the actions of its agents. The history of the case is described, along with the complete testimonies of the 11 victims/petitioners and the human rights that are considered violated: the right to physical integrity, the right to personal freedom and security, the right to access to justice, the right to equality and to not be discriminated against, and the right to dignity and privacy. The evidence consists of 20 annexes, including forensic evidence collected as dictated by the Manual for the Efficient Investigation and Documentation of Torture and Cruel, Inhuman, or Degrading Treatment or Punishment (Istanbul Protocol) practiced by the National Commission for Human Rights, the Collective Against Torture and Impunity, and the PGR (only two), which returned results that indicated the existence of acts of torture.

Through the international accusation the petitioners want the IACHR to declare that the Mexican State detrimentally violated their human rights, and and that it recommends to the State a serious, impartial, and effective investigation where the perpetrators of torture will be sanctioned, as well as sufficient reparations for the damage.

In Atenco a group identified by the police as "subversive" was systematically tortured: the women weren't only individually abused, but rather, also as a group. They were treated like objects, as spoils of war. Men and women were identified by the state as enemies and not as citizens.

Cases like Atenco also demonstrate the lack of lack of recourse for citizens' participation and for the legitimate expression of discontent. Faced with the the sustained, innovative forms of manifesting popular discontent, the government responds making disproportionate and illegitimate use of force.

The persistent difficulty in accessing justice and the fact that the cases of human rights violations won't be handled with the priority that they require, it becomes necessary to continue searching for paths that make justice possible for the victims.

Communications and Analysis Department of the Centro Prodh
E-mail: comunicacion(at)centroprodh(dot)org(dot)mx



Translation: Kristin Bricker



Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977