Mexico
29.04.02
Urgent Interventions
Mexico: harassment, arrest and attacks upon homosexual and transvestite persons
Case MEX 290402
Harassment of transgender persons / arbitrary arrests/ verbal and physical abuse
The International Secretariat of OMCT requests your URGENT intervention in the following situation in México.
Brief description of the situation:
The International Secretariat of OMCT has been informed by reliable sources about the harassment - including arbitrary arrests as well as verbal and physical abuse- against homosexuals, lesbians and transvestites by police officers in bars located in the centre of Aguascalientes, State of Aguascalientes, México.
According to the information received, on April 6th and 7th 2002, the state and municipal police undertook an operation in the gay bars of Aguascalientes and arrested 38 persons. They were all accused of “exercising prostitution in public zones” which constitutes a breach of the law according to the Bando de Policía y Buen Gobierno law that is in force in the city. According to the Comité Orgullo Gay Lésbico Bisexual Transgénero de Aguascalientes, the homosexuals and transvestites were arrested having left the bars while waiting for buses and taxis and forced to get out of the taxis they had taken. Our sources add that everyone was beaten during the arrests and that the police had no proof against the arrested.
According to the information received, after their arrest, the homosexuals and transvestites were taken to police quarters further away. According to Mexican regulations, a civil authority known as "Judge of Barandilla" is responsible for the fines since the normal procedure for this type of case is a monetary fine (taking into account how much money a person has) and not arrest. According to « Comité Orgullo », the people arrested were subjected to verbal abuse by the Judge who said "hasta la madre de tanto joto" (“I’ve had enough of all these faggots”) and announced his decision (shared by his colleagues) to forbid homosexuals, lesbians, bisexuals and transgender persons from assembling in public and to arrest them as often as was necessary.
According to the information received, after April 13 2002, the police undertook an operation in the gay bar « El Morbo ». The activists César Froilán Vázquez and Ernesto Martínez, of the organization Comité Orgullo, were present and according to the information received, were beaten and insulted by police agents who knew them as they were active in condemning police violence. Ernesto Martínez also accused the police of nearly strangling him. The lesbians and homosexuals who were in the bar were pushed and hit by the police. Finally the persons in the bar waited for the officers to leave but the latter, lead by commander Amaro, stayed in front of it arresting those who dared go into the street. Later the owners of the bar had to talk to this commander who intended closing the bar because of the “brawls” which had taken place within.
According to the information received, the mayor Ricardo Magdaleno Martínez declared than he wasn’t afraid of "20 or 40 persons" (referring to the activists) because he was "well prepared to fight all the faggots in Aguascalientes" and that he wouldn’t come back on his decision to "make all the dens of iniquity disappear from the city". The sources also reveal that Martínez has ordered the police to arrest "anyone of a homosexual appearance" walking down López Mateos avenue in the city centre.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the homosexuals, lesbians and transvestites of Aguascalientes and also fear they may be victims of more harassment on behalf of the police.
In general, OMCT condemns the attacks the police of Aguascalientes, México undertook against transgender persons, taking into account Article 205b of the Penal Code of Aguascalientes punishing from 6 months to two years in prison anyone who " provokes or incites hatred or violence, denies or restricts the right to work for reasons of age, sex, pregnancy, race, tongue spoken, religion, ideologie or sexual orientation," ; the Mexican constitution defends the right to work (Article 5); to freedom of movement (Article 11); the right to an individual’s freedom and security , including not being arrested arbitrarily (Article 16); the right to not being treated cruelly or degradingly (Article 22) and its Article 133 recognizes international treaties ratified by México, and the Constitution of Aguascalientes guarantees all the rights defended by the Federal Constitution.
Requested Action:
Please write to the authorities in Mexico urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the homosexuals, lesbians and transvestites in Aguascalientes, State of Aguascalientes;
ii. order a thorough and impartial investigation into the circumstances of these events, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
· Dr. Vicente Fox Quezada, Presidente de los Estados Unidos Mexicanos, 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, Tel.: (+ 52 5) 626 44 26. Fax: (+ 52 5) 346 09 06
· Dr. José Luis Soberanes Fernández, Presidente de la CNDH, México, D.F. Tel: (+ 52 5) 631 00 40, fax (+ 52 5) 681 97 93;(+52 5)681 84 90, Email: correo@fmdh.cndh.org.mx
· Ingeniero Ricardo Magdaleno Martínez, Alcalde de Aguascalientes, Palacio Municipal, Aguascalientes. Tel.:(+ 52 449) 910 10 11.email : agonzalez03@cd.ags.agas.gob.mx
· Lic. Luis Fernando Jiménez Patino Procurador de Protección Ciudadana del Estado de Aguascalientes, Zaragoza 204, Zona Centro CP 20000 - Aguascalientes. México, Fax: (+ 52 449) 915 23 80, e-mail: pdh204@ags1.telmex.net.mx
· Lic. Roberto Macías Macías Procuraduría de Justicia del Estado de Aguascalientes
Av. Heroe de Nacozani esq. José Refugio Velasco Colonia San Luis, Aguascalientes. México Tel.:(+52 449)910 26 23/29/30/28. e-mail : rmaciasm@aguascalientes.gob.mx
· Lic. Felipe González, Gobernador del Estado de Aguascalientes, Palacio de Gobierno, CP 20000 Aguascalientes, México Tel.: (+ 52 449) 910 20 15 e-mail : ofpartsgg@prodigy.net.mx
Please also write to the diplomatic representatives of Mexico in your country.
Geneva, May 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Harassment of transgender persons / arbitrary arrests/ verbal and physical abuse
The International Secretariat of OMCT requests your URGENT intervention in the following situation in México.
Brief description of the situation:
The International Secretariat of OMCT has been informed by reliable sources about the harassment - including arbitrary arrests as well as verbal and physical abuse- against homosexuals, lesbians and transvestites by police officers in bars located in the centre of Aguascalientes, State of Aguascalientes, México.
According to the information received, on April 6th and 7th 2002, the state and municipal police undertook an operation in the gay bars of Aguascalientes and arrested 38 persons. They were all accused of “exercising prostitution in public zones” which constitutes a breach of the law according to the Bando de Policía y Buen Gobierno law that is in force in the city. According to the Comité Orgullo Gay Lésbico Bisexual Transgénero de Aguascalientes, the homosexuals and transvestites were arrested having left the bars while waiting for buses and taxis and forced to get out of the taxis they had taken. Our sources add that everyone was beaten during the arrests and that the police had no proof against the arrested.
According to the information received, after their arrest, the homosexuals and transvestites were taken to police quarters further away. According to Mexican regulations, a civil authority known as "Judge of Barandilla" is responsible for the fines since the normal procedure for this type of case is a monetary fine (taking into account how much money a person has) and not arrest. According to « Comité Orgullo », the people arrested were subjected to verbal abuse by the Judge who said "hasta la madre de tanto joto" (“I’ve had enough of all these faggots”) and announced his decision (shared by his colleagues) to forbid homosexuals, lesbians, bisexuals and transgender persons from assembling in public and to arrest them as often as was necessary.
According to the information received, after April 13 2002, the police undertook an operation in the gay bar « El Morbo ». The activists César Froilán Vázquez and Ernesto Martínez, of the organization Comité Orgullo, were present and according to the information received, were beaten and insulted by police agents who knew them as they were active in condemning police violence. Ernesto Martínez also accused the police of nearly strangling him. The lesbians and homosexuals who were in the bar were pushed and hit by the police. Finally the persons in the bar waited for the officers to leave but the latter, lead by commander Amaro, stayed in front of it arresting those who dared go into the street. Later the owners of the bar had to talk to this commander who intended closing the bar because of the “brawls” which had taken place within.
According to the information received, the mayor Ricardo Magdaleno Martínez declared than he wasn’t afraid of "20 or 40 persons" (referring to the activists) because he was "well prepared to fight all the faggots in Aguascalientes" and that he wouldn’t come back on his decision to "make all the dens of iniquity disappear from the city". The sources also reveal that Martínez has ordered the police to arrest "anyone of a homosexual appearance" walking down López Mateos avenue in the city centre.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the homosexuals, lesbians and transvestites of Aguascalientes and also fear they may be victims of more harassment on behalf of the police.
In general, OMCT condemns the attacks the police of Aguascalientes, México undertook against transgender persons, taking into account Article 205b of the Penal Code of Aguascalientes punishing from 6 months to two years in prison anyone who " provokes or incites hatred or violence, denies or restricts the right to work for reasons of age, sex, pregnancy, race, tongue spoken, religion, ideologie or sexual orientation," ; the Mexican constitution defends the right to work (Article 5); to freedom of movement (Article 11); the right to an individual’s freedom and security , including not being arrested arbitrarily (Article 16); the right to not being treated cruelly or degradingly (Article 22) and its Article 133 recognizes international treaties ratified by México, and the Constitution of Aguascalientes guarantees all the rights defended by the Federal Constitution.
Requested Action:
Please write to the authorities in Mexico urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the homosexuals, lesbians and transvestites in Aguascalientes, State of Aguascalientes;
ii. order a thorough and impartial investigation into the circumstances of these events, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
· Dr. Vicente Fox Quezada, Presidente de los Estados Unidos Mexicanos, 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, Tel.: (+ 52 5) 626 44 26. Fax: (+ 52 5) 346 09 06
· Dr. José Luis Soberanes Fernández, Presidente de la CNDH, México, D.F. Tel: (+ 52 5) 631 00 40, fax (+ 52 5) 681 97 93;(+52 5)681 84 90, Email: correo@fmdh.cndh.org.mx
· Ingeniero Ricardo Magdaleno Martínez, Alcalde de Aguascalientes, Palacio Municipal, Aguascalientes. Tel.:(+ 52 449) 910 10 11.email : agonzalez03@cd.ags.agas.gob.mx
· Lic. Luis Fernando Jiménez Patino Procurador de Protección Ciudadana del Estado de Aguascalientes, Zaragoza 204, Zona Centro CP 20000 - Aguascalientes. México, Fax: (+ 52 449) 915 23 80, e-mail: pdh204@ags1.telmex.net.mx
· Lic. Roberto Macías Macías Procuraduría de Justicia del Estado de Aguascalientes
Av. Heroe de Nacozani esq. José Refugio Velasco Colonia San Luis, Aguascalientes. México Tel.:(+52 449)910 26 23/29/30/28. e-mail : rmaciasm@aguascalientes.gob.mx
· Lic. Felipe González, Gobernador del Estado de Aguascalientes, Palacio de Gobierno, CP 20000 Aguascalientes, México Tel.: (+ 52 449) 910 20 15 e-mail : ofpartsgg@prodigy.net.mx
Please also write to the diplomatic representatives of Mexico in your country.
Geneva, May 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.