Alleged rape of an elderly indigenous woman by members of the military results in her death

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

Brief description of the situation:

The International Secretariat of the OMCT is gravely concerned with the information received from a member of the SOS-Torture Network, the Human Rights Centre “Miguel Agustín Pro Juárez”, regarding the rape of 73 year-old Ms. Ernestina Ascencio Rosario. The attack, which resulted in the victim’s death, was allegedly carried out by several members of the military in the region of Tetlalzingo, municipality Soledad Atzompa, Veracruz.

According to the information received, Ms. Ernestina Ascencio Rosario was raped on the 25th of February by around 4 to 11 members of the 63rd Infantry Battalion of the 26th military zone of Lencero, Veracruz. Ms. Rosario was found still alive by her family members, to whom she narrated the events. According to the victim’s testimony, “the soldiers threw themselves at her”. Later, she was transferred to the regional hospital of Río Blanco due to the critical health state in which she was, where she died on the 26th of February. According to the victim’s family members, the death certificate specified that Ms. Ernestina Ascencio had been raped and had died as a consequence of a liver infection and an intestinal infection. The body also showed traces of torture and the rectum was pierced.

As stated by the information received, military authorities have issued various statements denying all responsibility. In a statement released on the 6th of March, they declared that “criminals wearing military clothing had perpetrated the crime”. According to this statement, the criminals’ reason for wearing the military clothing was to lay the blame on members of the Army in order to compel them to leave the area. In the face of such discourse, OMCT is worried that the investigation carried out by the “Procuraduría General de Justicia del Ejército” (Military Prosecutor’s Office) will be neither independent nor thorough, leaving the perpetrators unpunished.

OMCT also fears that this incident, which has reportedly brought about general discontent in the nearby indigenous communities as well as the social and political destabilization of the region, may result in violent action by the local population and the authorities.

OMCT would like to recall that Mexico is a State Party to the United Nation’s Convention on the Elimination of All Forms of Discrimination against Women, which in its 2nd article states that, “State Parties condemn discrimination against women in all its forms […] and, to this end, undertake […] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women […]”. Furthermore, the Declaration on the Elimination of Violence against Women clearly stipulates in article 4 that States shall “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons”.

Lastly, OMCT would like to express its fear that these Human Rights violations as well as their perpetrators may remain exempt from punishment. Consequently, OMCT calls upon the Mexican government to make sure that the due disciplinary investigation be carried out by the “Procuraduría Regional” (Regional Prosecutor’s Office) as well as the “Procuraduría General de la República” (National Prosecutor’s Office) in order to ensure a thorough and impartial investigation into these serious events. This investigation should be aimed at identifying, prosecuting and punishing the perpetrators in compliance with criminal and/or administrative legislation. In doing so, it must not be overseen that under no circumstance may such an alarming crime be considered an act of duty.

Brief reminder of the situation:

OMCT recalls the existence of various reports on cases of rape allegedly carried out by members of the Mexican Army who, alongside their superior officers, have not yet been prosecuted or punished in compliance with the legislation.

Some of these unresolved cases are listed below chronologically:

• On 4 June 1994, several soldiers raped three sisters of indigenous tsetsal origin, Ana, Beatriz and Celia González, aged 12, 15 and 17 at the time. Later that year, a communiqué published in July by the Secretary of National Defence (Secretaría de la Defensa Nacional, SEDENA) “firmly rejected the false imputations”. The Inter-American Commission on Human Rights, on its thorough report (Report No. 53/01, case 11.565, 4 April 2001), issued a number of recommendations on its cases. Almost 13 years after the events took place in Altamirano Chiapas, the victims have not yet received any form of compensation and the investigation remains blocked before the military jurisdiction.
• At Zopilotepec, Atlixtac de Álvarez, Guerrero, 28 year-old Ms. Delfina Flores Aguilar and 31 year-old Ms. Aurelia Méndez Ramírez, both of indigenous tlapanecan origin, reported on 3 December 1997 to have been raped by five soldiers.
• In 1997, the raping of 12 women by soldiers of the Mexican Army was reported to the Oaxaca division of the LIMEDDH. Nevertheless, no further action was taken in regards to this case due to threats to put the members of the CEDH (Local Human Rights Commission) in jail if they proved to be incapable of proving the accusations.
• On 21 April 1999, 50 year-old Ms. Victoriana Vázquez Sánchez and 33 year-old Ms. Francisca Santos Pablo from Barrio Nuevo San José, in Tlacoachixtlahuaca, Guerrero were intercepted and raped in nearby abandoned houses by alleged members of the military.
• Ms. Valentina Rosendo Cantú was also sexually abused on 16 February 2002 by eight soldiers of the 41st Battalion of Infantry in Barranca Bejuco, Acatepec, Guerrero.
• On 22 March 2002, 27 year-old Ms. Inés Fernández Ortega was raped at her home in Barranca Tecuani, Ayutla de los Libres, Guerrero by 11 soldiers.
• On 11 July 2006, over 20 soldiers assaulted the tolerance zone of the Municipality of Castaños, Coahuila, raping 13 women. As in all the previous cases, the military justice will be prosecuting the soldiers blamed.

Actions requested:

Please write to the Mexican authorities to urge them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ernestina Ascencio Rosario’s family;
2. Order a thorough and impartial investigation into Ms. Ernestina Ascencio Rosario’s rape, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Award a compensation to Ms. Ernestina Ascencio Rosario’s family;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights norms, in particular the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women.

Addresses:

• Misión Permanente de México ante las Naciones Unidas en Ginebra, 16, Avenue du Budé. 1202, Ginebra, Case postale 433. Fax : + 4122 748.07.08 E-mail: mission.mexico@ties.itu.int
• Embajador Sr. Jorge Ciero, Misión Diplomática de México en Bruselas, 94 avenue F.D. Rossevelt, 1050 Ixelles, Bélgica, Tel.: + 32 2 629 07 11; Fax: + 32 2 644 08 19
• Presidente Felipe Calderón Hinojosa, Residencia Oficial de "Los Pinos", Co. San Miguel Chapultepec, México D.F., C.P. 11850. Fax: +52.5.55.522.94.13 / +52 5 55 277 23 76. E-mail: radio@appresidencia.gob.mx; webadmon@appresidencia.gob.mx
• Sr. Eduardo Medina-Mora Icaza, Procuraduría General de la República, Reforma Norte esquina Violeta 75. Colonia Guerrero CP. 06300, México D.F. TEL: +525553462003 y + 525553462.03. E-mail: ofproc@pgr.gob.mx; Fax: +525553460906
• Dr. José Luis Soberanes Fernández, Presidente de la CNDH, E-mail: correo@ cndh.org.mx, Tel: 525556310040, Fax: +525556818490, E- mail: correo@fmdh.cndh.org.mx
• Francisco Javier Ramirez Acuña, Secretario de Gobernación, Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtemoc, México D.F., C.P.06600. Fax: +52.5.55.093.34.14 / + 52.5.55.093.34.15 E-mail: santiagocreel@compuserve.com; ghuerta@segob.gob.mx
• Maestro Ricardo Sepúlveda, Director de la Oficina para la Promoción y la Defensa de los Derechos Humanos, TEL: +52.5.55.128.02.23 y 24, Fax: +52.5.55.128.02.34 y + 52.5.55.128.02.24, E-mail: rsepulveda@segob.gob.mx
• Secretaría Particular de la Secretaría de la Defensa Nacional, comsoc@mail.sedena.gob.mx, Tel: +52 55- 55-80-11-51, Fax: +52 55- 55-80-11-53
• Secretaría Particular del Gobernador de Veracruz, Tel.: +52 (01) 228 8-41-88-00, Fax: +52 (01) 228 8-41-88-18, E-mail: fidelherrera@veracruz-llave.gob.mx
• Procuraduría de Justicia del Estado de Veracruz, +52 (01) 228 8-41-61-70

Please also write to the diplomatic missions of Mexico in your country.

Geneva, 8 March 2007.

Please let us know of any action undertaken, quoting this appeal’s number.