Mexico
25.01.02
Urgent Interventions

Mexico: arbitrary detention of four men by alleged member of the Partido Revolucionario Institucional (PRI),

Caso MEX 250102
Arbitrary detention/Torture and mistreatment/Harassment

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Mexico.

The International Secretariat of OMCT has been informed by a reliable source of the arbitrary detention of Mr. Manuel Cruz Méndez, and the brothers Mr. Antonio Gómez Luna, Mr. Andrés Gómez Luna and Mr. Miguel Angel Gómez Luna, by alleged member of the Partido Revolucionario Institucional (PRI), in the rural area (Ejido) of Cuauhtémoc, in the municipality of Ocosingo, Chiapas. It is believed that one of those detained was subjected to torture in the offices of the Public Prosecutor.

According to the information received, on January 17, 2002, in the region of San Jerónimo Tulijá, Mr Méndez, who is a truck driver, was detained by alleged PRI members from several communities within the rural area of Cuauhtémoc, while he was making a special trip for Mr. Antonio Luna and Mr. Andrés Luna, who were travelling with him, to the community of El Tumbo. Following his detention, Mr. Méndez was brought before an agent of the Public Prosecutor in Pelenque by state security officials.

According to the information received, Mr. Méndez was detained along side with the two brothers, Mr. Antonio Luna and Mr. Andrés Luna, who were travelling with Mr. Méndez in order to gather information surrounding the detention of their other brother Mr. Angel Luna, who was arrested on January 16, 2002. According to the report, Mr. Angel Luna was detained by order of PRI members who accused him of being responsible for the attack against a TELECOM truck that was transporting aid on behalf of the PROGRESA program (a program for families in extreme poverty that encourages development through aid in health, food and education). The incident occurred on January 15, 2002 on the highway between the Tuijá bridge and Egipto.

According to the information received, on January 19, 2002, Mr. Franciso Cruz Pérez, a human rights defender in the Region of San Jerónimo Tulijá, visited the Public Prosecutor’s office to inquire about the situation of Mr. Méndez. There, Mr. Pérez was informed that he would be allowed only two minutes to talk with those detained as they were transferring the detainees the Cerro Hueco Prison in Tuxtla Gutiérrez. According to Mr Pérez, he was unable to meet with Mr. Méndez, but did briefly talk to Mr. Miguel Angel Gómez Luna, who showed signs of poor health due to beatings and other forms of torture. When Mr. Gómez began to describe what he had been subjected to, an official, visibly disturbed, told Mr. Pérez that his interview with the detainee would no longer be permitted.

According to the information, also on January 19, 2002, a group of approximately eight people from San Jerónimo Tulijá, recognized by the local population as presumed paramilitaries, went to the offices of the Public Prosecutor to give declarations against the mentioned detainees. It is alleged that the two leaders of this group, Messrs. Miguel Gutiérrez Pérez and Gerónimo Gutiérrez Pérez approached Mr. Méndez’s defender, Mr Francisco Pérez, asked why he was present, and proceeded to threaten him. Since this day, Mr. Pérez has been harassed by paramilitaries in his efforts to carry out his work to defend Mr. Méndez. It is believed, according to the autonomous authorities San Jerónimo Tulijá, who are conducting an investigation in coordination with Mr. Pérez, that Mr. Méndez’s association with those accused for alleged involvement in the truck attack is unfounded.

According to the information received, on January 22, 2002, Mr. Pérez visited the Cerro Hueco Prison to inquire on the state of the above mentioned detainees. There, he was told that the accused were not registered on the official government list of those detained. Subsequently, Mr. Pérez searched through several of the judicial rulings, and various requests from the Public Prosecutor’s office in charge of penal procedures, of which none gave information on the location of the concerned detainees.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Manuel Cruz Méndez, Mr. Antonio Gómez Luna, and Mr. Miguel Angel Gómez Luna, and in particular Mr. Andrés Gómez Luna, who has experienced reported torture and mistreatment. Furthermore, OMCT is deeply troubled by the harassment of Mr. Franciso Cruz Pérez who has taken on the investigation of those detained.

Action Requested:

Please write to write to the authorities of Mexico urging them to:

· take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons Mr. Manuel Cruz Méndez, Mr. Antonio Gómez Luna, Mr. Miguel Angel Gómez Luna, and Mr. Andrés Gómez Luna;
· order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
· order a thorough and impartial investigation into the circumstances of these events, in particular the alleged acts of torture committed against Mr. Andrés Gómez Luna, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

Mexico :
· Dr. Vicente Fox Quezada, Presidente de los Estados Unidos Mexicanos, Palacio Nacional,
Patio de Honor, Piso 1, Col. Centro 06067 México, D.F., Tel. (+ 52 5) 395 67 00, 272 69 03, 515 57 14. Fax : (+ 52 5)277 23 76. Webpage http://www.presidencia.gob.mx

· General Rafael Macedo de la Concha, Procurador General de la República, Ave. Reforma esq. Violeta, México, D. F. C.P. 06300, Tel.: (+ 52 5) 626 44 26. Fax: (+ 52 5) 346 09 06

· Dr. José Luis Soberanes Fernández, Presidente de la CNDH, Periférico Sur 3469, Col. San Jerónimo Lídice, 10200, México, D.F. Tel: (+ 52 5) 631 00 40, (+ 52 5) 681 81 25
Fax: (+ 52 5) 681 84 90, Lada sin costo: 01 800 00 869 Email: correo@fmdh.cndh.org.mx

Chiapas:
· Licenciado Julio Cesar Luis Ferro, Gobernador del Estado de Chiapas, Palacio de Gobierno, Av Central y Primero Ote Col. Centro 29009, Tuxtla Gutierrez, Chiapas
· Lic. Jorge Hernández Aguilar, Procurador General Justicia del Estado de Chiapas, Fax: +52 961 -65376
· Lic. Julio Cesar Luis Ferro, Gobernador del Estado de Chiapas, Palacio de Gobierno, Av. Central y primero Ote, Col. Centro 29009, Tuxtla Gutierrez, Chiapas. México. Fax (+ 52 961) 20 9 17
· Lic. Cuauhtemoc Lopez Sanchez, Presidente de la Comisión Estatal de Derechos Humanos de Chiapas, Argentina 455, Col. El Retiro, 29040, Tuxtla Gutierrez Chiapas. Fax (+ 52 961) 25 5 06
· Lic. Homero Tobilla Cristiani, Secretario General del Gobierno del Estado de Chiapas, México Fax: (+ 52 - 961) 28 2 98

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

Geneva, January 30th, 2002

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