Violent and arbitrary detention of Mr. David Venegas Reyes

The International Secretariat of the World Organisation Against Torture (OMCT) requires 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 the Liga Mexicana por la Defensa de los Derechos Humanos (LIMEDDH - Mexican League for the Defence of Human Rights), a member of the SOS-Torture Network, on the violent and arbitrary arrest of Mr. David Venegas Reyes.

According to the information received, Mr. David Venegas Reyes was strongly beaten, ill-treated and then arrested by alleged members of the federal police. The events took place on 13 April 2007, around 1:15pm, while Mr. Venegas Reyes and an acquaintance were standing outside the premises of the Federal Tribunal of the 13th Division (Juzgados Federales de Décimo tercer circuito), which are located on the Avenida Juárez, in front of the Llano park, downtown Oaxaca de Juárez, state of Oaxaca.

According to the same information, 8 individuals dressed in police attire (black helmets, blue uniforms, black bullet-proof vests, and in possession of high-calibre firearms) who arrived in the back of a red pick-up truck threw themselves on to Mr. David Venegas Reyes, who was repeatedly beaten and threatened. Immediately after that, they violently forced Mr. Venegas Reyes on to the back of the pick up truck and drove away.

It has been made known that the LIMEDDH has appealed for the legal protection of Mr. David Venegas Reyes. This appeal was based on the way in which he was arbitrarily and violently deprived of his freedom, as well as on the fear of possible torture and ill-treatment to which he is vulnerable for as long as he remains detained incommunicado. It should be noted that torture and ill-treatment are banned by the 22nd article of the Mexican Constitution. The appeal was registered at the Public Prosecutor’s Office (Agencia del Ministerio Público del tercer turno adscrita a la Policía Ministerial de la Procuraduría General de Justicia del Estado (PGJE) de Oaxaca) under file number AV, Prev. 607/PME/2007. Nevertheless, the LIMEDDH have reportedly faced various obstacles which may be aimed at discouraging them from pursuing the appeal.

OMCT recalls that many people were detained in Oaxaca during various events occurred during 2006. One such event was the protest on 25 November 2006 against the new policies of Oaxaca’s Governor Ulises Ruiz. To this day, some of the detainees remain in custody even if no valid legal charges against them have been found, and without access to a fair, competent, impartial and independent trial.

The International Secretariat of the OMCT expresses its deepest concern over the physical and psychological safety and integrity of Mr. David Venegas Reyes, and that of the witnesses of his beating and arrest. Among these witnesses is Mr. Isaac Torres Carmona, head of the LIMEDDH-Oaxaca Legal Section. Furthermore, OMCT urges the Mexican government to take all necessary measures to guarantee the physical and psychological safety and integrity of the entire civil population of the state of Oaxaca.

Action requested

Please write to the Mexican authorities urging them to:

1. Immediately take all necessary measures to locate Mr. David Venegas Reyes’ whereabouts;
2. Immediately take all necessary measures to guarantee the physical and psychological safety and integrity of Mr. David Venegas Reyes, which may include providing him with urgent, free medical care in case he needs it. Likewise, guarantee the physical and psychological safety and integrity of Mr. Isaac Torres Carmona and all other witnesses to these events;
3. Order Mr. David Venegas Reyes’ immediate release in the absence of valid charges, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
4. Order a thorough, independent and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the civil penal and/or administrative sanctions as provided by law;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards, especially with the Convention Against Torture.

Addresses

• Permanent Mission of Mexico before the United Nations in Geneva, 16, Avenue du Budé. 1202, Geneva, Switzerland, Case postale 433. Fax: +4122.748.07.08. E-mail: mission.mexico@ties.itu.int
• Mr. President Felipe Calderón Hinojosa, Residencia Oficial de "Los Pinos", Co. San Miguel Chapultepec, México D.F., C.P. 11850 Mexico, Fax: +52.5.55.522.94.13 / +52 5 55 277 23 76. E-mail: radio@appresidencia.gob.mx; webadmon@appresidencia.gob.mx
• Mr. Eduardo Medina-Mora Icaza, General Prosecutor of the Republic, Reforma Norte esquina Violeta 75. Colonia Guerrero, CP. 06300, México D.F., Tel:+52.5.55.346.20.03 y + 52.5.55.346.20.03. E-mail: ofproc@pgr.gob.mx, Fax: +52.5.55.346.09.06
• Dr. José Luis Soberanes Fernández, President of the CNDH, E-mail: correo@ cndh.org.mx Tel: 52.5.55.631.00.40, +52.5.55.681.81.25, Fax: +52.5.55.681.84.90, Lada sin costo: 01 800 00 86; E- mail: correo@fmdh.cndh.org.mx
• Mr. Francisco Javier Ramírez Acuña, Governor Secretary, Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtemoc, México D.F., C.P.06600, México, 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 Iguiniz, Director of Office for Promotion and Defense of Human Rights, Reforma 99, PISO 21, PH, Colonia Tabacalera, C.P. 06030, México Fax: + 52 55 5128 0234 TEL: +52.5.55.128.02.23 y 24, E-mail:rsepulveda@segob.gob.mx
• Mexican Commission for the Defense and Promotion of Human Rights A.C., Tehuantepec 155, Col. Roma Sur, México DF, CP 5584 2731, México, E-mail: cmdpdh@laneta.apc.org
• Governor of Oaxaca, Lic. José Murat Casab, Palacio de Gobierno, Bustamante s/n, 68000 Oaxaca, Oaxaca México, Fax: + 52 951 51 637 37
• Dr. Sergio Segreste Rios, President of the Human Rights Commission of Oaxaca, Calle de los Derechos Humanos No. 210, Col. América, 68050, Oaxaca, México, Fax: + 52 951 51 35 197.

Please also write to the Mexican diplomatic representations in your country.

Geneva, 17 April 2007

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