PEACE BRIGADES INTERNATIONAL MEXICO PROJECT making space for peace

Human Rights Defenders Behind Bars

2010, No. 1 MEXICO PROJECT NEWSLETTER 2! BEHIND BARS PEACE BRIGADES INTERNATIONAL

CONTENTS EDITORIAL BEHIND BARS Editorial. Behind Bars 2 In this publication, PBI has chosen Juan Manuel Martínez Moreno. We The Cerezo Committee to address the issue of human rights will also address the human rights celebrates the release of defenders who are imprisoned and violations suffered in Oaxaca by Héctor and Antonio Cerezo 4 accused of committing . We more than 130 Zapotec indigenous OPIM: years of will also deal with political prison- people from the Loxicha region. and persecution, waiting ers in Mexico, individuals who are They were imprisoned in 1996, and for justice 6 rarely presented by that name. In eight of them remain behind bars– recent years, we have observed a serving prison sentences of up to Defending freedom of process in which the distinction 34 years. In Guerrero, we outline expression: Radio Ñomndaa 7 between “political ” and the accusations levelled against hu- “unjustly imprisoned human rights man rights defender David Valtierra Another year of impunity: defender” has become murky. Arango. He is one of the founders the case of Juan Manuel PBI aims to highlight cases about of Radio Ñomndaa, a community ra- Martínez Moreno 8 which it is directly aware. Here, be- dio station which broadcasts from yond questions of definitions, we Xochistlahuaca. The Organisation The Loxicha ’: Long struggle for freedom 9 are faced with situations in which of the Me’phaa Indigenous People defenders, men and women, are (Organización del Pueblo Indígena Security and Protection either serving jail terms or facing Me’phaa, OPIM) also works in the for Human Rights Defenders 10 arrest warrants. Many of these war- state of Guerrero, and PBI has in- rants are based on dubious legal terviewed two OPIM members: The Prison Microcosm 11 principles or have been executed Raúl Hernández, a prisoner of con- with violations of due process. science who has been in jail since News on the Current Several sources have indicated April 2008, and Cuauhtémoc Ramí- Situation in Mexico 12 that there are more than 500 peo- rez, former OPIM president accom- ple in jail in Mexico who could panied by PBI, who has an arrest Tita Radilla’s European Tour 13 be considered political prisoners. warrant pending against him which Criminalisation of social They were detained based on ac- seriously limits his ability to work. protest: persecuted cusations of participating in armed Since 2002, PBI has accompanied human rights defenders. guerrilla groups, for activities re- the Cerezo Committee (Comité Today’s political prisoners? 14 lated to social protests, or because Cerezo) in Mexico City. The Com- of crimes in which there are strong mittee has denounced the human Four years with indications that evidence has been rights violations suffered by three Peace Brigades manipulated by groups holding po- of the Cerezo brothers when they International in Mexico: sitions of power. were jailed in 2001. The brothers, an evaluation 15 One of the best known cases, since released, have shared their re- both within and outside of Mexico, flections in this newsletter. We con- Felipe Arreaga Sánchez, is that of the 62 people jailed dur- clude the thematic block by detail- Mexican Environmentalist 16 ing the social protests in Oaxaca in ing several factors involved in the 2006–2007. In this newsletter, we violations of the basic rights of the describe the paradigmatic case of prison population.

PBI MEXICO PROJECT DONORS Santander City Council (Spain) Overbrook Foundation Valladolid City Council (Spain) Prisioners of Conscience Fund for Rausing Trust Human Rights Defender’s Fund Rowan Foundation MFA France Civil Peace Service Misereor Welwärts Network for Social Change Zivic Non Violence XXI PBI Country Groups

Cover Photos: 1] Juan Manuel Martínez Moreno, prisoner in Oaxaca, accused of murdering United States Camaraman Brad Will 2] Raúl Hernández, prisoner of conscience from the Organisation of Indigenous Meph’aa People (OPIM) 3] Cuauhtémoc Ramírez, subject of an arrest warrant, Secretary of the OPIM and accompanied by PBI 4] Isabel Almaráz (ex Loxicha prisoner) and Erika Sebastián, Loxicha prisoner Álvaro Sebastián’s daughter, in an interview with PBI 5] Felipe Arreaga, (1959- 2009), ex prisoner of conscience from the Organisation of Women Environmentalists of the Sierra de Petatlán (OMESP), and formerly accompanied by PBI MEXICO PROJECT BEHIND BARS 3 HUMAN RIGHTS DEFENDERS AND MEMBERS OF SOCIAL MOVEMENTS FACING JAIL

POLITICAL PRISONERS AND American Commission on Human PRISONERS OF CONSCIENCE Rights also expressed concern During its years of work in Mexico, regarding the use of legal actions PBI has become aware of the prob- against human rights defenders, lems faced by human rights defend- brought about with the aim of ers and members of civil move- harassing and discrediting them: ments who have arrest warrants “criminal proceedings are institut- pending or have been imprisoned. ed without any evidence, for the They are defined as prisoners of purpose of harassing the members conscience and political prisoners. of the organisations, who must as- According to the Fray Francisco de sume the psychological and eco- Vitoria Human Rights Centre (Cen- nomic burden of facing a criminal tro de Derechos Humanos Fray indictment. Some of these proceed- Francisco de Vitoria, AC), prisoners ings have reached advanced stages, of conscience face false accusations including the prolonged provision- and have committed no . Po- al of the accused.”3 litical prisoners belong to a social movement, and may have commit- POLITICAL PRISONERS IN Cuauhtémoc Ramírez, subject of an arrest ted illicit acts. Their MEXICO TODAY warrant, Secretary of the OPIM and is a result of these illicit actions, but Various sources suggest that there accompanied by PBI the jail terms tend to be dispropor- are more than 500 people im- tionate to the acts committed.1 The prisoned in Mexico who can be cases drag for months or years, with defined as political prisoners or 1 Fray Francisco de Vitoria, OP, Human Rights Centre frequent procedural irregularities. prisoners of conscience.4 The best (Centro de Derechos Humanos Fray Francisco de Vito- ria). Their web page: www.derechoshumanos.org.mx. The late Felipe Arriaga, a human known cases are those of nearly 50 2 rights defender who was jailed for students and social activists who The Office in Mexico of the High Commissioner for Human Rights of the United Nations (HCHR). ‘Defend- 11 months between 2004–2005 on were jailed for their participation er los derechos humanos: Entre el compromiso y el charges of homicide (he was later in protests against the European riesgo’. 13 October 2009. declared innocent), explained to Union–Latin America summit in 3 Inter-American Commission on Human Rights. ‘Report PBI, “First they fabricate the crime, Guadalajara in 2004; the 62 people on the Situation of Human Rights Defenders in the so for the State and the Prosecu- imprisoned during the social pro- Americas’. 7 March 2006. (Available here: www.cidh. oas.org/countryrep/Defenders/defenderstoc.htm). tor’s Office, you’re guilty. It’s then tests in Oaxaca in 2006–2007; and 4 CIMAC, 22 October 2009. up to you to prove that you’re in- the 12 people condemned, some 5 Statement by Dolores González (Serapaz director) and nocent.” of them to more than 67 years in Luís Arriaga (Centro ProDH director). ‘Libertad y justi- prison, as a result of confrontations cia para Atenco: Acciones para reivindicar la protesta’. VICTIMS OF HUMAN RIGHTS with police in San Salvador Atenco, n.d. . VIOLATIONS in the state of Mexico, in 2006.5 The 2009 report on the situa- tion of human rights defenders in Mexico, published by the United Nations High Commission for Hu- man Rights, highlights the fact that human rights defenders, facing at- tempts to halt their activities, “have been victim of the arbitrary use of the legal system [...] in the cases where it has been possible to iden- tify the perpetrators, the participa- tion of authorities, especially local authorities, involved in obtaining and administering justice stands out.”2 A 2006 report by the Inter-

Members of the Comité Cerezo accompanied by PBI on the 16th February, 2009, the day Héctor and Antonio Cerezo were released from prison 4! BEHIND BARS PEACE BRIGADES INTERNATIONAL THE CEREZO COMMITTEE CELEBRATES THE RELEASE OF HÉCTOR AND ANTONIO CEREZO

Since February 2002, Peace Bri- was made, which was screened cessible to the public. Finally, gades International has accom- in nearly every Mexican state. the work implies travel to other panied Emiliana, Francisco and Now, with Héctor and Antonio countries to present the human Alejandro Cerezo Contreras, at the free, we have two more people rights problems we have identi- request of the Mexican League for who can participate in the Com- fied in Mexico. We also partici- the Defense of Human Rights (Liga mittee’s work, enriching it with pate in analytical processes on Mexicana por la Defensa de los their experience and the spirit the criminalisation of social Derechos Humanos, LIMEDDH). of resistance they developed in protest. The three have suffered harass- jail. Having them with us gives ment and threats as a result of us great happiness. It validates PBI: What obstacles do you face in their work in support of their im- us and confirms that it is pos- conducting your work? prisoned brothers. In March 2005, sible to make things happen. CC: We have suffered death Alejandro Cerezo was declared in- [With them,] we have developed threats, been followed by police, nocent and released. Héctor and a greater capacity to deliver received harassment and al- Antonio Cerezo completed their workshops and human rights most daily incidents of surveil- sentences and were released on courses. lance, especially when we have 16 February 2009. PBI was there at left Mexico City and travelled to their release. PBI: What is the current work of other states. The organisation the Cerezo Committee? is victim of a process in which PBI: What type of actions has the CC: We have different work ar- our work is stigmatised and Cerezo Committee carried out eas. One part documents hu- criminalised. Some officials of while the brothers were jailed? man rights violations against the Mexican State refer to us as What is the current situation? prisoners. Another offers work- terrorists or criminals. Cerezo Committee (CC): We or- shops and capacity building in ganised marches, sit-ins, music protection, as well as informa- PBI: What does the Committee festivals, filed criminal com- tion on security issues, for hu- understand by the term “political plaints, released urgent actions, man rights defenders. The Com- prisoner”? reporting on the human rights mittee publishes a quarterly CC: Firstly, we speak of political violations and informing people magazine, and maintains a prisoners as people who break about the case. A documentary web page with a data base ac- established legal frameworks through their form of struggle. Secondly, there are prisoners of conscience: someone who has not broken any laws but is im- prisoned and criminalised by the State regardless. And there is a third type of prisoner, the person jailed for political mo- tives. This person has not been a militant in any political move- ment, but instead is detained after participating in a protest, or almost as a casual victim of a repressive State operative.

PBI: Why is defending political prisoners part of defending human rights? CC: Normally when these people are detained, it is done without an arrest warrant, an arbitrary Francisco Cerezo, detention. In Mexico, detainees founding are tortured, and the court cas- member of es are run for political reasons the Comité and without the judges acting Cerezo and independently. For this reason, accompanied defending people in these situ- by PBI, in the ations is part of the defence of Cerezo Café human rights.. MEXICO PROJECT BEHIND BARS 5 THE CEREZO BROTHERS: FROM PRISONERS OF CONSCIENCE TO HUMAN RIGHTS DEFENDERS

On 13 August 2001, we were detained in Mexico City, half-year term we were illegally and unjustly made to the three brothers, Alejandro, Héctor and Antonio Ce- serve. rezo Contreras, together with Pablo Alvarado Flores and Sergio Galicia Max. We were all accused of placing FREE ONCE MORE bombs in the entrances of three banks in Mexico City. At the time of writing (November 2009), after an in- tense capacity-building process in our first months of DETENTION AND IMPRISONMENT freedom, Antonio and Héctor have participated in de- Both Héctor and Antonio were detained at our home livering the various workshops offered by the Cerezo at 5am. There was no search warrant or arrest warrant. Committee: human rights, documentation of human They tortured us physically and psychologically for 12 rights violations, security for social organisations, and hours, attempting to force us to admit our guilt. Alejan- a workshop for relatives of detainees. We have deliv- dro was detained when he arrived at our home at four ered the workshops to student groups or members o’clock that afternoon; he was also psychologically tor- of social organisations, even other human rights or- tured. The other two people were detained elsewhere ganisations in Mexico City or in other Mexican states. in Mexico City; we had never met them before our de- This has given us a broad overview of the grave situ- tention. On 17 August 2001 we were imprisoned in the ation of human rights violations throughout most of Federal Maximum Security Centre known as “the Al- Mexico. In many places, we have given testimony re- tiplano.” The process of entering a maximum-security garding our experiences in jail and participated in so- prison implies prolonged torture, as the methods used cial forums and forums of human rights organisations. are based on the systematic violation of the physical We have joined in the Committee’s activities, which and moral integrity of the prisoners, even more so if is also a way of supporting the financial consolidation the individuals are political prisoners or prisoners of of our organisation and guaranteeing the continuity conscience. of our activities. Now we are experiencing what the Committee’s other members have been through for BIRTH OF THE CEREZO COMMITTEE the last eight years: harassment and being followed, From the time we were imprisoned, both the legal bat- both openly and by undercover officers. During our tle and the ongoing denunciations of the human rights illegal detention and torture, we lived through diffi- violations we suffered began. Our relatives and friends cult experiences; daily life in jail was also hard. How- formed a committee for our freedom, which consol- ever, this has not stopped us from believing that de- idated to become what is now the Cerezo Commit- fending human rights is an act of justice; even more tee Mexico (Comité Cerezo México), a human rights so, it is an act of love and commitment to humanity. defence organisation. Alejandro Cerezo was freed, ex- onerated of all charges, in 2005; Pablo Alvarado Flores was released in 2006, once he’d completed his five- Alejandro, Héctor and year prison term; and Héctor and Antonio Cerezo were Antonio Cerezo Contreras, set free in 2009, after we completed the seven-and-a- Cerezo Committee

Alejandro and Héctor Cerezo 6! BEHIND BARS PEACE BRIGADES INTERNATIONAL OPIM: YEARS OF PRISON AND PERSECUTION, WAITING FOR JUSTICE 1

Initiating legal proceedings is justice and dignity. That’s why human rights defenders are] a one of the forms of aggression we’re dying, because of the com- well-planned instrument used used against the Organisation of munity’s needs. I’m not the only by the State to silence critical the Me’phaa Indigenous People one who is suffering; the organi- voices [...] In Guerrero, there are (OPIM). The OPIM sees these court sation suffers, my family suffers. more than 200 arrest warrants cases as a demonstration of the The people in the government against people who struggle for power of individuals and groups live quite calmly, working there social justice [...] The justice sys- –bothered by the OPIM’s work in at their desk, every two weeks tem doesn’t work in Mexico [...] defence of basic rights– to manipu- they get their salary, while I am The first priority is executing the late the legal system.2 In April 2008, poor, they have me in jail and arrest warrant and putting you 15 members of the OPIM were ac- unable to provide food for my in jail. Afterwards they start le- cused of the assassination of Ale- children. I can’t work because gal proceedings, and then it’s up jandro Feliciano García. Despite in- I’m detained, and that’s what I to you to prove that you’re in- consistencies in the incriminating ask: that I be released. nocent [...] I’m motivated by the evidence, five OPIM members were struggle for justice. We demand jailed; they were subsequently de- Cuauhtémoc Ramírez, who has an that those responsible for the clared prisoners of conscience by arrest warrant pending 4 deaths of [other indigenous hu- . One OPIM We have had to set aside the man rights defenders in the re- representative remains in prison.3 work of the organisation. The gion] are punished, and we will warrants forced us to leave the continue to fight impunity [...] Raúl Hernández, currently in jail area. If we hadn’t left, we could [Cuauhtémoc considers PBI’s They don’t like it that we’re get- be prisoners now, or I don’t accompaniment as] a window ting organised. [...] They don’t know what else could have hap- onto the rest of the world [...] [He like it that we make demands, pened. [...] The release of our four hopes that world-wide attention [...] that we’re telling the truth companions shows that the ac- can persuade the Mexican gov- about what is happening and cusation is false, but the govern- ernment to allow him and his about the community’s needs. ment acts like this so we human colleagues to] work in an open [...] the government threatens rights defenders will stop our and peaceful way to defend hu- us: if we speak up they can jail work. [...] [Court cases against man rights. or kill us. Here I am in jail. I’m not in my house criticising the government [...] I ask the gov- Raúl Hernández, prisoner of conscience from the OPIM, together with ernment that it doesn’t attack Obtilia Eugenio Manuel, President of the OPIM innocent people, that they find in an interview with PBI the people who have really com- mitted crimes. I haven’t. And that the government conducts an in- vestigation into who really killed that person. [...] I ask that there be justice, that there be peace. That’s what we’re asking for, not only myself but the whole of the OPIM asks the government for

1 PBI has accompanied the OPIM since 2005. The inter- views with Cuauhtémoc Ramírez (22 October 2009) and Raúl Hernández (18 November 2009) can be found on PBI Mexico’s web page: . 2 The OPIM demands that public funds be used trans- parently within the municipality; issues reports on the corruption of public employees; and demands an end to the impunity which reigns in crimes committed by the Army against the civilian population. 3 Tlachinollan Human Rights Centre of the Montaña. “Testigos de cargo contra Raúl Hernández eviden- cian fuertes contradicciones durante diligencia”. 13 Noviembre 2009. 4 The plea for legal protection against the arrest war- rant was granted on 21 April 2009. On 18 May, the Fed- eral Attorney General’s Office requested a review of the decision, which is still being processed. MEXICO PROJECT BEHIND BARS 7 DEFENDING FREEDOM OF EXPRESSION: RADIO ÑOMNDAA

David Valtierra with other members of the Radio Ñomndaa in the radio station

Radio Ñomndaa–The Word of the Federal de Investigaciones, AFI) and According to members of the Water (La Palabra del Agua) is a the Guerrero Investigative Police radio station, these incidents dem- community radio station which (Policía Investigadora Ministerial, onstrate the attempts to crimi- transmits from the municipality of PIM) violently entered the transmis- nalise and intimidate Radio Ñom- Xochistlahuaca, in the Costa Chica sion booths of the radio station and ndaa’s work: “the only way they region of the state of Guerrero. The damaged the station’s equipment.4 can find to silence us is through station gives voice to the Amuzgo harassment.”7 One of the station’s (Nn`anncue) indigenous people.1, 2 NEW ARREST WARRANT members describes the situation in They demand that their communi- AGAINST DAVID VALTIERRA these words: “The authorities and ty’s right to freedom of expression, In October 2009, Radio Ñomndaa the local political chiefs [caciques] as outlined in Convention No. 169 reported new acts of aggression pursue us. We want to face this ag- of the International Labour Organi- by Aceadeth Rocha Ramírez di- gression, and we consider the in- zation (ILO) and the United Nations’ rected mainly against David Valti- stitutions and the authorities that 2007 Declaration on the Rights of erra Arango, radio co-founder and represent the State are responsible, Indigenous Peoples, be recognised. management committee member. we demand justice.”8 The founders and members of the On 13 October 2009, arrest war- radio station, in addition to main- rants were issued against David taining this space on the airwaves, Valtierra and 30 others, accusing have operated as an autonomous them of kidnapping and robbing 1 In the Amuzgo language, Nn`anncue means “the peo- municipality since 2004.3 Ariosto Rocha Ramírez (brother of ple in the middle’. These activities have made the Aceadeth) during the August 2008 2 Irma Guadalupe Aguirre Pérez. Amuzgos de Guerrero. members of the radio station, to- municipal elections in the town of (Comisión Nacional para el Desarrollo de los Pueblos 5 Indigenas, México: 2007), p. 5. gether with other inhabitants of Xo- Arroyo Grande. The Investigative 3 Iñigo Prieto Beguiristáin. “Radio Ñomndaa, The Word chistlahuaca, victims of threats and Police have participated together of the Water’. Americas Program Citizen Action Pro- harassment. They attribute these at- with the military in operatives in file. (Washington DC: Center for International Policy, tacks to Aceadeth Rocha Ramírez, both Xochistlahuaca and Omete- 2 June 2009). Available here: . 4 La Jornada. “Historia de agravios’. 3 November 2009. who still holds political control in individuals. At the same time, the 5 La Jornada Guerrero: 4 November 2009, 6 November the municipality and is currently accused were preparing a plea for 2009, 24 November 2009. El Sur de Acapulco: 3 No- a local deputy for the Institutional legal protection [amparo].6 Follow- vember 2009. Revolutionary Party (Partido Rev- ing the detention and imprison- 6 See also the interview with José Valtierra Arango of 15 olucionario Institucional, PRI). Over ment of David Valtierra, the Ministry November 2009, available at . 7 La Jornada Guerrero. “Denuncian nueva embestida ofi- the last five years, this situation has of Indigenous Affairs (Secretaria de cial contra Radio Ñomndaa’. 3 November 2009. resulted in a toll of five dead and Asuntos Indígenas, SAI) paid David’s 8 30 members of the Radio Ñomndaa and residents of more than 100 wounded. In Octo- bail; this allows him to remain at Xochistlahuaca during a press conference in La Red ber 2008, 40 troops from the Fed- liberty while the case progresses, Guerrerense de Organismos Civiles de Derechos Hu- eral Investigation Agency (Agencia rather than continuing in jail. manos, 5 November 2009. 8! BEHIND BARS PEACE BRIGADES INTERNATIONAL ANOTHER YEAR OF IMPUNITY: THE CASE OF JUAN MANUEL MARTÍNEZ MORENO

The date of 16 October 2009 in the investigation of the assas- threats. Liliana Tejada declared marked a year since the detention sination of the journalist, Brad that “the person [unofficially] of Juan Manuel Martinez Moreno, Will”.2 According to Amnesty Inter- named as one of those respon- accused of the murder of US cam- national, the “the evidence against sible for the death of Brad Will, eraman Brad Will. Brad was killed him is flawed and he is a being when he sees me, he follows me during a march of the Popular As- used as a scapegoat [...] Investiga- until he catches up and he stands sembly of the Peoples of Oaxaca tions carried out by the Offices of there, looking at me.” But the (Asamblea Popular de los Pueblos the Oaxaca State Attorney General family continues to fight for Juan de Oaxaca, APPO) on 27 October [Procuraduría General de Justicia Manuel’s release. “We continue 2006, in the municipality of Santa del Estado, PGJE] and the Federal moving forward, even though he’s Lucía del Camino in the state of Attorney General insist that Brad in jail. We will fight for his release, Oaxaca. Juan Manuel’s story “is an Will was shot at close range and although it may be the last thing emblematic case of the injustice that a witness saw Juan Manuel we do. They will have to take our and impunity experienced in Mexi- Martínez near him at the time of lives in order to silence us. This co. Evidence against him is lacking, the shooting. However, this key is such a serious injustice that it yet there are clearly political inter- witness did not originally identify doesn’t matter if we’re threatened ests behind this accusation, as well Juan Manuel Martínez and did not or if they kidnap us, we will fight as the state’s obvious willingness actually see Brad Will being shot. for his freedom.” to hold Juan Manuel .”1 Independent experts from Physi- For lawyer Alba Cruz, she cians for Human Rights (PHR) and admits that taking this case has BASELESS ACCUSATION the National Human Rights Com- caused her problems. However, she Juan Manuel, a baker by profession mission [Comisión Nacional de says, “I believe in Juan Manuel. I am as well as a father of three and an Derechos Humanos, CNDH] have certain of his innocence, and it is APPO sympathiser, was accused reviewed the forensic evidence a huge injustice that has destroyed of shooting Brad Will. He was ar- and concluded that the official fo- not only his life but also that of his bitrarily detained, shut in an isola- rensic conclusion –that the shots family. What’s more, as a witness to tion cell, and left without food and were fired from close range– is not how he has been pressured, I’m water for three days. Only when based on scientific evidence.”3 motivated to fight against this kind he was called to make a state- of injustice which, unfortunately, is ment did he find out the charges HARASSMENT seen in Oaxaca as it is in the rest against him. While in jail, he suf- The family of Juan Manuel Mar- of Mexico.” fered psychological torture, and tínez has suffered harassment and repeated visits from police officers who tried to force him to confess. Liliana Tejada, Juan Manuel’s wife, Alba Cruz, Juan Manuel Martínez’ lawyer told us: “There is not a single per- son who names Juan Manuel as the person allegedly responsible, as he was not there at the time of the in- cident.” Alba Cruz, Juan Manuel’s lawyer, observes that “there is not a single direct imputation in the accusation made by the Federal At- torney General’s Office [Procura- duría General de la República, PGR]. Ms. Cruz considers that Juan Manuel has become a scapegoat for the United States, as one of the clauses in the Mérida Initiative de- mands that Mexico show progress

1 Statement by Alba Cruz, lawyer for the accused and member of the 25 November Liberation Committee (Comité de Liberación 25 de Noviembre). 2 La Jornada. “EU presiona para que se castigue a un inoino-- cente por la muerte de Brad Will”. 18 December 2008. 3 Amnesty International, “Demand justice for killing of journalist in Mexico’, 23 October 2009. (Available here: ). MEXICO PROJECT BEHIND BARS 9 THE LOXICHA PRISONERS: LONG STRUGGLE FOR FREEDOM

“When I was freed, I didn’t know ty International, more than 130 Za- where to go, I didn’t even know potec indigenous people from the which street I was on. I felt like Loxicha region have been arbitrar- a caged bird, when it’s freed, it ily detained, held in solitary con- doesn’t know where to fly.” Isabel finement and tortured by security Almaráz Matías (aged 33), of San forces since 1996.5 They were ac- Agustín Loxicha cused of belonging to the EPR. Be- “For indigenous people there atriz Casas Arellanes, lawyer with is no justice.” – Érika Sebastián Luís the Bartolomé Carrasco Briseño (aged 27).1 Human Rights Centre (Centro de Derechos Humanos Bartolomé THE LOXICHA REGION Carrasco Briseño, BARCA), states, is located in the Southern Sierra of “The charges are first-degree mur- Oaxaca. The population is princi- der, terrorism, sabotage, bearing pally indigenous, and many live in weapons, robbery, illegal depri- extreme poverty.2 In the 1980s, the vation of liberty, it’s all a set-up. local peasants began to organize There have been numerous viola- themselves to demand their rights tions [of due process] during the and promote social change. Érika cases: they didn’t have adequate Sebastián explains, “In 1986, they legal defence; they were all forced elected my dad and other people to sign statements under torture; to the town council of San Agustín they spoke only the Zapotec lan- Loxicha. They began to make many guage and were not provided pletely on 25 June 2002. She went changes. In September 1996, they with translators.” According to from fighting for the release of the organised a caravan to Oaxaca Romualdo Mayrén Peláez (or Padre Loxicha people, to being in prison [City] to demands electricity, pota- Uvi), parish priest in Xochimilco, herself. “You don’t know how to ble water and health care centres.” Oaxaca, “Their only crime is to be defend yourself, how to speak, poor and indigenous.” who to speak with, what is truth, PERSECUTION what is lies. I’ve lived this myself. The caravan’s march to Oaxaca THE SIT-IN They detained me, they tortured City coincided with an armed at- In the beginning, the Loxicha peo- me. I saw how they forged signa- tack in Crucecita, Huatulco. The ple didn’t dare denounce what was tures, statements, crimes, none of 28 August 1996 attack was attrib- happening to them. But gradually, which are really true.” uted to the Popular Revolutionary mothers, wives, widows, sisters Once she was detained, Isabel Army (Ejército Popular Revolu- and daughters of those who had suffered psychological torture. “At cionario, EPR),3 and caused the been assassinated, jailed and disap- that time, my mum was in a coma death of one person, identified as a peared in the Loxicha region be- in hospital. So they threatened that municipal authority in San Agustín gan meeting up in Oaxaca City. On they were going to take her out of Loxicha. This resulted in a deploy- 10 June 1997, they established a sit- hospital, disconnect the appara- ment of military and police forces in in front of the state government tus. And when they took my two to the region. According to Am- buildings. Érika Sebastián was only daughters to the DIF,6 they were nesty International, in the Loxicha 15 when she arrived at the sit-in: “I going to disappear them and adopt region entire communities were began participating because my fa- them out. Then they began invent- accused of belonging to the EPR, ther was disappeared on 15 Decem- ing fake crimes; they said, “Now leading to residents suffering at- ber 1997. He was tortured, then you’ll have to spend 60 years in jail. tacks, arbitrary detention, “disap- taken to the prison in Etla on 25 You won’t be leaving here’.” pearance’, torture and extrajudi- December. When we went to visit Isabel Almaráz was accused, cial execution.4 “At that time, they him, he didn’t recognise us. People with no proof, of belonging to the came and searched all of Loxicha. from the government passed by EPR. She says that during the six They started to take men, women and threatened us. It made us both years she spent in jail, her visits and children from their homes. frightened and furious to see our and phone calls was monitored and They tortured and jailed them, people shut up like that. We had she was pressured to remain quiet. without knowing the crimes for to find courage [...] They have our However, she insisted on writing which they were accused. My fa- people in jail for crimes they didn’t letters and seeking help. Finally, af- ther was detained and tortured commit. They are innocent,” says ter six years and one month of im- horribly. After being disappeared Isabel Almaráz. prisonment, she was condemned for two weeks, they released him to a sentence of three months in here in Oaxaca City,’ explains Isa- BEHIND THE WALLS jail and a fine of 38 pesos [around bel Almaráz. According to Amnes- Isabel Almaráz’s life changed com- $3 USD]. When she was released, 10! BEHIND BARS PEACE BRIGADES INTERNATIONAL

she had completed her sentence 24 times over. “Those six years won’t be forgotten. Despite being free, that fear is always with me. They threatened me with many things when I was inside, ‘If you speak, the government can disappear you tomorrow and you’ll never be with your daughters again’.”

FIGHTING THE PRISON BLUES Life in prison is hard, but prisoners have learnt how to be strong. As Isabel says, “Sometimes, being alone in there made you feel sad, desperate. If my dad was there, he would say, ‘Come on, don’t be sad, keep on trying, we’re going to get Isabel Almaráz (ex Loxicha prisoner) and Erika Sebastián, Loxicha prisoner Álvaro out of here’. I always saw him very Sebastián’s daughter, in an interview with PBI happy, he never showed his sad- ness. He had his moments of prison blues, but he didn’t show it.” 1 PBI conducted this interview in the parish of Xochimilco, Oaxaca, in October 2009. Érika continues to fight for her 2 Revista en Marcha. “San Agustín Loxicha: El rostro de la pobreza’. 30 October 2009. father’s release. Álvaro Sebastián 3 The Revolutionary Popular Army is a guerrilla group which operates principally in the states of Guerrero, Oaxaca and Chiapas. Its first public appearance occurred in Guerrero on 28 June 1996, the anniversary Ramírez has been jailed for almost of the massacre of 17 peasants in Aguas Blancas. (For more information, see . 12 years, serving a sentence of 29 4 Amnesty International. “UA 210/00Torture / Unfair trial/ Death threats’ (AMR 41/37/00). 12 July years and falsely accused of murder. 2000. “For us as a family, it has been very 5 Amnesty International, “Juicios injustos: tortura en la administración de justicia’ (AMR 41/007/2003). difficult. Many families have fallen 25 March 2003. [The English document also goes by the Spanish heading.] 6 National System for the Comprehensive Development of the Family (Sistema Nacional para el De- apart, many have given up. I had too sarrollo Integral de la Familia, SNDIF). for a while. But with my compan- ion’s [Isabel Almaráz] release, it gave me the courage to keep fighting. He will get out. When and how, I don’t know, but he has to be released.” SECURITY AND PROTECTION FOR HUMAN RIGHTS DEFENDERS INTERNATIONAL CONFERENCE PROMOTED BY PBI IN LONDON “There can be no peace without democracy. There evaluated options for improving the guidelines implemen- can be no democracy without peace. But there can be tation and increasing their impact. no peace without human rights.” Alirio Uribe, President Among the more than 140 participants were the United of the José Alvear Restrepo Lawyers’ Collective (Corpo- Nations Special Rapporteur for Human Rights Defenders, ración Colectivo de Abogados José Alvear Restrepo, CCA- the British Minister for Human Rights, representatives of JAR), accompanied by PBI in Colombia United Nations institutions and of the most important bod- In April, PBI-UK organised the first international con- ies within the European Union, as well as parliamentarians ference on this topic, in collaboration with the Human from various countries. The British Foreign and Common- Rights and Social Justice Institute at London Metropolitan wealth Office was represented by around 60 individuals University and the All-Party Parliamentary Human Rights posted in London or in embassies abroad. PBI is confident Group. The conference was partly financed by the British that the conference will promote both the implementa- Foreign and Commonwealth Office. tion of protection mechanisms for human rights defenders Peace is not possible without human rights defend- under threat, as well as the collaboration of the defenders ers, was the reflection shared by the human rights defend- themselves with the diplomatic corps, and international ers from Latin America, Asia, Africa and Europe who shared and human rights organisations. their experiences. Together with diplomats, politicians, academics and representatives of human rights organisa- tions, they identified different kinds of attacks, revised the existing protection mechanisms (particularly the Europe- 1 The guidelines appear here: . MEXICO PROJECT BEHIND BARS 11 THE PRISON MICROCOSM

CONDITIONS IN MEXICO’S house 19,088 prisoners, currently, five pesos (around USD 0.40), the they hold more than 40,600 peo- guard will go away and have a cof- The international community, ple. In the city’s Northern Prison, fee, thus allowing for complete through the United Nations, has cells designed for six people are impunity. Afterwards, it is reported established basic principles which currently housing 30. Overcrowd- that the victim died of renal failure, ought to guide penal policies and ing has been defined as cruel, in- failing to mention that the cause the functioning of penitentiary humane or degrading treatment, of death was a stab wound to the systems. These norms appear in according to the terms of the Unit- kidney. The increase in violence is the 1955 Standard Minimum Rules ed Nations Convention against also due to the fact that very young for the Treatment of Prisoners and Torture and Other Cruel, Inhuman people are imprisoned on sentenc- the related Recommendations, as or Degrading Treatment or Pun- es of 100 years or more. Once in- well as in other documents. Sixty- ishment. In the 2006 survey above, side, they’ve got nothing to lose.8 four years after Mexico signed on 26% of prisoners say they lack Apart from corruption and over­ to these agreements, the prison drinking water, 63% consider the population, it is also worrying to see situation was still an issue in the food insufficient, and 27% don’t re- the prisoners’ own lack of awareness Universal Periodic Review in Feb- ceive medical attention as re- about their rights. According to José ruary 2009. In Recommendations quired.5 Luis Gutiérrez Román, lawyer with 29 and 34, Mexico was asked to “Asilegal’, some prison directors are guarantee the respect of the hu- CORRUPTION convinced that once in jail, a person man rights of people deprived of The problem of overcrowding is ag- loses all their rights. The detainees their liberty. gravated by another phenomenon: themselves don’t always know their corruption. “Everything has a price, own rights; when they’re asked about OVERPOPULATION but nothing has value,’ Fernando6 their detention period, they reply In Mexico’s prisons there are many told us in an interview. Fernando that it was “pretty normal”. Further more prisoners than the buildings worked for many years as a volun- questioning reveals that “normal’ in­ were designed for. In 1996, there teer in Mexico City’s prisons, and cludes beatings, bags over the head, were 102 prisoners per 100,000 has a good understanding of the even electric shocks.9 It is possible to members of Mexico’s general pop- current situation. The going price speak of a para­legal regime in the ulation. Ten years later, the figure for a six-person cell is around jails, supporting the creation of an had more than doubled: 245 pris- 50,000 pesos (around USD 3,930). informal organisation and rules that oners per 100,000 Mexicans.1 This The poorest people can’t pay for a are parallel to the formal institution­ increase in the prison population place to sleep, so they sleep on the !"#$%&'(%'&)*#!+#,-.(/!"#0)&$/,+1#0)&­ not only reflects an increase in floor or standing up, tied to the sus reality. It is a long road between crime rates, but also the legislative bed’s railings to stop them from the two, paved with every kind of changes that have lengthened pris- falling onto their cellmates. Other human rights violation.10 on sentences. According to Crime, prisoners buy a cell for themselves Marginality and Institutional Per- alone, and are able to pay for any formance: Results of the Second service they want. Within the jails, Survey of Prison Populations in prisoners have few opportunities the Federal District and the State to earn money. The family must of Mexico2 (2006), 68% of people take on a large part of the prison- in jail are serving time for robbery. er’s costs while in jail. 1 Marcelo Bergman, Elena Azaola, Ana Laura Magaloni. Half of these cases are thefts of It’s not only the cells that have Delincuencia, Marginalidad y Desempeño Instituci- less than 2000 pesos (around USD a price –everything does. Prisoners onal: Resultados de la segunda encuesta a población en reclusión en el Distrito Federal y el Estado de 159), and a quarter of them are re- pay every time the roll is called, to México. (Available here: ). filled with people who have not for every other little thing. In the 2 Emilio Álvarez Icaza Longoria. “Derechos humanos had an adequate defence. Accord- Northern Prison, the amount re- y sistema penitenciario en el Distrito Federal’. De- fensor: Órgano oficial de difusión de la Comisión ing to the survey, 70% of prisoners ceived by authorities every week de Derechos Humanos del Distrito Federal: No.7, had access to neither a lawyer nor –only in what they charge to use Year VI, July 2008. a trusted friend at the time they mobile phones– is 2 million pesos 3 Emilio Álvarez Icaza Longoria, ibid. made their statements. Some 44% (around USD 157,210). According 4 Elena Azaola, Marcelo Bergman, ibid. 5 of prisoners are detained awaiting to lawyer and theologian Arellanos Elena Azaola, Marcelo Bergman ibid.. 6 Fernando’s name has been changed at his request. trial. Often, the waiting time is Aguilar, prisons are businesses used 7 Vera Rodrigo. “La Carcelación’. Proceso. No.1701 / 7, 4 longer than the eventual sentence. by political parties to earn money June 2009, pp. 6-10. Mexico City hosts 11 detention for their political campaigns and 8 Anonymous interview. 26 October 2009. centres; two of them house the plans.7 Violence also benefits from 9 Interview with José Luis Gutiérrez Román, 26 Octo- largest prison populations in Latin this corruption: nothing has any ber 2009. 10 Elena Azaola, Marcelo Bergman, ibid. America. They were designed to value, not even a human life. For 12! IN MEXICO PEACE BRIGADES INTERNATIONAL NEWS ON THE CURRENT SITUATION IN MEXICO

PUBLICATION OF THE HCHR public and televised; the election handed down a decision (which is REPORT “DEFENDING could be followed on the Senate’s not legally binding) in the “Oaxaca HUMAN RIGHTS: BETWEEN web page; and public debate was Case”, determining that Oaxaca’s COMMITMENT AND RISK’ generated by local NGOs, who Governor Ulises Ruiz, and other On 13 October 2009, the Office in asked for changes in the manage- authorities, were responsible by Mexico of the High Commissioner ment of the CNDH in order to re- omission for the serious violation for Human Rights of the United new its credibility and efficiency. of individual rights during the Nations (HCHR) presented their However, the final result was criti- teachers’ conflict in Oaxaca be- report on the situation of human cised both by NGOs and intellectu- tween May 2006 and July 2007. rights defenders in Mexico. It high- als. The Changeover Group 2009 The finding determines that in- lights the fact that human rights (Grupo Relevos 2009) indicates dividual rights recognised in the defenders work in an adverse envi- that there was a lack of debate Mexican Constitution –like the ronment, and that in many parts of around the human rights agenda, rights to life, personal integrity, Mexico “democratic transformation which would have allowed for a freedom, freedom of movement, has not been achieved.” The work definition of the ideal candidate. freedom of expression, etc.– were of human rights defenders has “In the end, they made a decision violated. The civil organisations of become “uncomfortable for some without fixing selection criteria or Oaxaca have been the force behind groups, which aim to halt their ac- political positions”.1 this case.3 The ruling represents a tivities by resorting to acts of ag- step forward in the search for jus- gression’. Human rights defenders MEXICO’S SUPREME COURT tice for the 24 people killed, the have been “victims of threats, acts OF JUSTICE (SCJN) FAILS 500 detained, and the uncountable of harassment, arbitrary interfer- TO RULE ON THE MILITARY number of wounded.4 ence, arbitrary use of the legal sys- JUSTICE SYSTEM tem and even violations of their On 10 August this year, the Su- PARAMILITARY GROUPS ACT rights to life, [physical/psycho- preme Court of Justice of the Na- WITH IMPUNITY IN OAXACA: logical] integrity, freedom and per- tion (Suprema Corte de Justicia SANTO DOMINGO IXCATLÁN sonal safety, presumably related to de la Nación, SCJN) declined to Over a year and a half after a triple their activity in defence [of human conduct a thorough analysis of the homicide was committed in Santo rights]”. The HCHR indicates that constitutionality of the military Domingo Ixcatlán, 12 people with in more than half of cases, it was justice system. The question was arrest warrants pending for their impossible to identify the perpe- raised in the case of a request for alleged participation in the mur- trators. In the remaining cases, “the legal protection [amparo] submit- ders remain at liberty. According to participation of authorities, espe- ted by two NGOs, Centre ProDH the Centre for Human Rights and cially local authorities, involved in and Fundar, in the case of Santiago Supervision of Indigenous Peoples obtaining and administering justice de los Caballeros. For the NGOs, (Centro de Derechos Humanos y stands out, as does that of agents this is a paradigmatic case because Asesoría a Pueblos Indígenas, CED- linked to organised crime, who are of “the risks of the participation of HAPI), which provides legal repre- presumably acting with the acqui- military troops in public security sentation for the victims, the mur- escence or tolerance of the author- tasks, and of the lack of access to ders were committed by an armed ities”. The report points out that justice for victims when the inves- group of 40 people, operating the Mexican government has not tigations and the prosecution are under the command of Freddy Eu- created the conditions required to in the hands of the military au- cario Morales Arias. Morales Arias protect human rights defenders; it thorities themselves.’2 The NGOs is the former municipal president does not recognise the legitimacy consider that they have now ex- of Santo Domingo Ixcatlán, an ally of their work or the priority which hausted the last legal remedy avail- of the Institutional Revolutionary ought to be given to their safety; able in Mexico. They hope that the Party (PRI) in the state of Oaxaca.5 nor does it investigate the acts of Inter-American Court of Human CEDHAPI demands the implemen- aggression of which human rights Rights (IACHR), which will exam- tation of the precautionary meas- defenders are victims. ine cases where military troops ures granted to 177 local residents are accused of rights abuses, will by the Inter-American Commission NEW PRESIDENT OF THE establish an obligation for troops on Human Rights.6 They demand NATIONAL HUMAN RIGHTS to be prosecuted in civilian, not that measures be adopted to guar- COMMISSION (CNDH) military, courts. antee the life and physical integri- On 5 November 2009, the Mexi- ty of the beneficiaries, in addition can Senate named Raúl Plascen- THE “OAXACA CASE” to being informed of the actions cia as the new head of the CNDH BLAMES ULISES RUIZ FOR adopted to bring the case of the (Comisión Nacional de Derechos SERIOUS HUMAN RIGHTS triple homicide to justice. Humanos). On a formal level, the VIOLATIONS Rufino Benítez Sánchez, CED- process was transparent: all ap- On 14 October 2009, the Mexican HAPI’s acting director, says, “The pearances before the Senate were Supreme Court of Justice (SCJN) case of Santo Domingo Ixcatlán is MEXICO PROJECT IN MEXICO 13

a demonstration of the power of panied Tita Radilla, Mr Radilla’s 1 The Changeover Group 2009 (Grupo Relevos 2009), paramilitary groups in Oaxaca. It is daughter, since 2003. made up of the Group for Information on Reproduc- evidence of the government’s lack tive Choice; Fray Francisco de Vitoria, OP, Human Rights Centre; Catholic Women for the Right to Choose; of interest in resolving indigenous MURDERED WOMEN conflicts, which translates into to- Fundar; Centre for Analysis and Research; Civic Propos- FROM CIUDAD JUÁREZ al; Comprehensive Healthcare for Women – have moni- tal impunity because of the ineffec- On the 16th of November 2009 tored this process. tiveness of the rule of law.” the Inter-American Court of Hu- 2 Centro ProDH. “Ejecución extrajudicial de cuatro per- man Rights (the Court) passed sonas en Santiago de los Caballeros: consecuencias de la militarización’. 25 June 2009. INTER-AMERICAN COURT sentence in the case of Claudia 3 7 “Although the decision is non-binding, it has a strong FINDS MEXICO GUILTY González, Laura Ramos and Esmer- moral and political weight [...] the people affected On the 23 of November 2009 the alda Herrera, indicating that Mex- will follow this up with national and international Inter-American Court of Human ico failed to comply with its duty instances, demanding justice,’ according to the 25 Rights (the Court) released its to investigate and guarantee their November Liberation Committee, the National Asso- ciation of Democratic Lawyers, and Section 22 of the judgement on the the Rosendo Ra- right to life, personal integrity and dilla case. The Court established National Education Union. The statement was made personal freedom. The Court in- in their media release, “La Suprema Corte de Justicia that the following human rights structed the Mexican government Resuelve el Caso Oaxaca’ (15 October 2009). had been violated: the right to to conduct the ongoing criminal 4 Obra Diacónica Alemana, Comisión Internacional de freedom, personal integrity, legal trial efficiently, taking the gender Juristas. “Informe de la visita de la Comisión Internac- ional de Juristas y la Obra Diacónica Alemana a Oax- integrity and life. It ordered the perspective into account. Mexican government to investi- aca, México (Agosto 2007)’. November 2007. 5 PBI México. “Impunidad de Santo Domingo Ixcatlán’. gate Mr Radilla’s whereabouts, es- THE CASES OF INÉS No.VIII/2009, September 2009. tablish criminal responsibility for FERNÁNDEZ ORTEGA AND 6 Amnesty International. “AU 129/08 Fear for Safety his disappearance, compensate his VALENTINA ROSENDO (AMR 41/023/2008)’, 16 May 2008; “Further Informa- family members and their lawyers tion on UA 129/08 (AMR 41/023/2008, 16 May 2008) CANTÚ Fear for safety’ (AMR 41/064/2008), 5 December 2008; and to adopt legislative reforms These members of the OPIM, ac- “UA 283/09 Villagers Threatened (AMR 41/055/2009)’, to the Military Code of Justice so companied by PBI, have denounced 16 October 2009. that such crimes are judged by the being raped by soldiers in 2002. In 7 Sentences: Radilla Pacheco v Mexico, C Series Number civilian courts. In 1974 Rosendo 2009 their cases were referred to 209 and González and Others (Cotton Fields Case) v Mexico (Cotton Fields Case) C Series Number 205. Radilla was disappeared at a mili- the Inter-American Court of Human tary checkpoint in Atoyac de Álva- Rights (the Court) and are waiting rez, Guerrero. His case represents to be heard. Inés Fernández and Val- more than 1,200 forced disappear- entina Rosendo have repeatedly de- ances documented during the so- nounced aggression and harassment called “Dirty War”. PBI has accom- against them and their relatives.

TITA RADILLA’S EUROPEAN TOUR DEMANDING JUSTICE FOR PEOPLE FORCIBLY DISAPPEARED IN MEXICO’S DIRTY WAR Tita Radilla, vice president of the Mex- Spanish, British and German foreign ican Association of Relatives of the ministries, with parliamentarians from Detained, Disappeared and Victims of the three host countries and with eu- Human Rights Violations (Asociación roparliamentarians. Tita also partici- Tita Radilla during de Familiares de Detenidos, Desapa- pated in more than 10 public events an interview in Madrid recidos y Víctimas de Violaciones a in the Carlos III University in Madrid, los Derechos Humanos en México, the University of Essex, and the House the impunity reigning in the cases of AFADEM), was invited by PBI to visit of Democracy in Berlin, among oth- forcibly disappeared people. The rela- Spain, England and Germany. Her ob- ers. She also met with journalists from tives of the disappeared consider that, jective was to make better-known print, radio and television media out- in responding to their grievances, the history of people forcibly disap- lets, with academics, associations of guarantees can be made that these in- peared during Mexico’s Dirty War in lawyers and judges, and members of cidents will not be repeated, and rec- Europe, and to highlight the demands human rights institutes. The ultimate onciliation and reconstruction of the for justice made by the relatives of the aim of the meetings was to ask the social fabric can be promoted. This disappeared. During the tour, Tita Ra- international community to demand will provide the basis for participative dilla met with representatives of the that the Mexican State put end to democracy in Mexico. ! ACCOMPANIED BY PBI IN 14 GUATEMALA AND COLOMBIA PEACE BRIGADES INTERNATIONAL CRIMINALISATION OF SOCIAL PROTEST: PERSECUTED HUMAN RIGHTS DEFENDERS.TODAY’S POLITICAL PRISONERS?

IN COLOMBIA: SOLIDARITY COMMITTEE former coordinator of the FCSPP branch in Bucaraman- FOR POLITICAL PRISONERS (FCSPP) ga. In 2008, Gabriel received threats, which were also PBI has accompanied the FCSPP (Fundación Comité de directed to other FCSPP members. In one of them he is Solidaridad con los Presos Políticos) since 1998. The FC- declared a “military objective”2 In October 2009, Gabriel SPP is a human rights organisation formed in 1973. Cur- González won the 2009 Human Rights Award given by rently, it provides legal defence and advice, especially the organisation Human Rights First, for his “bravery to people deprived of their liberty for participating in and unwavering commitment to justice’ and as an exam- social protests, or for political reasons. It is calculated ple of the “widespread problem of false prosecution and that there are some 7000 political prisoners in Colom- arbitrary detention of Colombian activists.”3 bia. For their work, the FCSPP received the French Re- public’s “liberté-égalité-fraternité” Human Rights Prize IN GUATEMALA: ORGANISATION TO SUPPORT from the hands of then president of France, Jacques AN INTEGRATED SEXUALITY TO CONFRONT Chirac.1 Members of the FCSPP have been victims of AIDS (OASIS) death threats, assassinations, forced displacement, ex- As stated in the 2005 report of the UN Special Rappor- ile, legal set-ups based on accusations without merit, teur for Human Rights Defenders,4 in Guatemala the and imprisonment. PBI is concerned that these prac- people, organisations and communities who work to tices weaken the situation of members of the FCSPP. By protect and promote fundamental rights run a high risk questioning their credibility and the legitimacy of their of facing legal proceedings, and in some cases of being work, these threats increase members’ risk of suffer- jailed. Peaceful protest movements which demand ba- ing physical violence, and limit their capacity to work sic rights have particularly been victim to this practice in defence of human rights. This situation is exempli- since 2005. In December 2008, 20 cases of criminalisa- fied by the January 2006 detention of Gabriel González, tion of human rights defenders were reported to the Technical Secretary of the Public Ministry (Secretaría Técnica del Ministerio Público) in Guatemala. Members of FSCPP, accompanied by PBI in a visit to El Caracol Farm in Guaimaro, Colombia The case currently open before a Guatemalan court –against Jorge Luís López Sologaistoa, director of OASIS (Organización para el Apoyo a una Sexualidad Integrada contra el SIDA) accompanied by PBI since 2006– exemplifies this situation. In January 2009 he was accused of concealing evidence in the case of the attempted assassination of a female sex worker. On 29 September, after two appearances in court, Jorge Luis was declared innocent. The process lasted eight months. PBI has published updates on this case, expos- ing the issue faced by human rights defenders who are attacked and threatened because they demand justice. In the context of the case against Jorge Luis López, PBI requested the presence of diplomatic missions in the tribunal’s hearings, one of the options contemplated in the European Union Guidelines on Human Rights 1 For more information, see the FCSPP’s web page: . 2 See also Amnesty International’s “Colombia: Fear and intimidation: The Dan- gers of Human Rights Work (AMR 23/033/2006), 7 September 2006; and Equi- Jorge Luís López, Director of OASIS, po Nizkor’s “Los derechos humanos y la ayuda militar estadounidense’, Au- during an interview gust 2000 (available here: ). In 2005, lawyer José Humberto Torres and union leader Dolores Vil- lacop left Colombia, and five members of the FCSPP were assassinated. For further information, see El Observatorio, “Boletín No.42, COL 001/0106/OBS 004.1’, 12 April 2007; and PBI Colombia, “Quarterly Neweletter No.6: “Human rights defenders trapped in their own defense’, 6 February 2008. 3 Human Rights First, “Brazilian, Colombian Activists Will Receive Hu- man Rights Award’, 2 October 2009. Available here: http://www.hu- manrightsfirst.org/media/hrd/2009/alert/513/index.htm. 4 United Nations Special Rapporteur for Human Rights Defenders, “Guatema- la: la criminalización de los derechos de manifestación y reunión. Nueva amenaza a la defensa de los Derechos Humanos’, Report presented by the UN Special Rapporteur for Human Rights Defenders in Geneva, 15 April 2005. (Available here: ). MEXICO PROJECT WORKING WITH PBI 15 FOUR YEARS WITH PEACE BRIGADES INTERNATIONAL IN MEXICO: AN EVALUATION

“I left a part of myself behind in that courtroom today,’ ones who have been unjustly imprisoned. How long will said Rosendo Radilla. “I left an enormous weight behind; they have to wait? The Cerezo brothers waited seven and I feel so much lighter.”. a half years. Felipe Arreaga, of the OCESP and the OMESP , I saw his face, and the face of his sister Tita, in the court- waited 10 months. Four of the five OPIM prisoners waited room of the Inter-American Court of Human Rights on 7 one year, and the fifth is still waiting for freedom. July 2009. They had been seeking justice for 35 years, and Life also has its painful moments. Sometimes it seems now they finally had a chance to tell their story. Their eyes as though human rights defenders have to face more than were full of hope. I heard Tita speak in the United States their fair share: the assassination of Raúl and Manuel from and Canada, with the same objective: to direct internation- the Organisation for the Future of the Mixtec People (Or- al support and attention to the case of the forcible disap- ganización por el Futuro del Pueblo Mixteco); the long his- pearance of her father. Tita believes that the international tory of threats against Obtilia Eugenio Manuel; the recent community can help her win the justice that neither she death of Felipe Arriaga. One human rights defender who is nor any of the other 450 relatives of people disappeared accompanied by PBI in Colombia said, “From the greatest in Atoyac could win by themselves. Will it be enough? It’s sadness, hope is born.” I believe that there must be hope hard to say. for people who work so untiringly for their families, their I came here from New York, a city full of Mexican immi- people, their countries. Hope in all its forms motivates PBI grants, and made the journey south. Everybody asked me, volunteers, including myself. It has been very special to be “Why PBI?’ With PBI, I could use my U.S. passport to get part of an organisation where we collectively witness the to know and work with human rights defenders, people I hope that has inspired human rights defenders across the had always admired. I could also better my understanding world, and where we can share in that hope in order to of the situation in Mexico, a country so close to the United contribute to a greater respect for human rights and for the States and bound by complex geographical and historical people who defend them. relationships. I couldn’t know that I would spend four years accompanying defenders, men and women; meeting with authorities and embassies; seeing the PBI Mexico project grow. It was a journey which taught me much about hope Jamie Wick, and perseverance. I have known PBI members from many volunteer countries, and more than 40 volunteers who have dedicat- (2005-2006) ed years to making this project possible. It’s incredible to and in realise how many people are working for a greater respect country- for human rights. People who leave their countries so that coordinator Mexican human rights defenders can feel a little safer. of public I was there when Antonio and Héctor Cerezo were set relations free on 16 February 2009. Before I came to Mexico, I al- (2007-2009) ready knew their names and faces from photos taken just before their detention. I had spent many hours outside of the “Altiplano’ federal prison, while their sister Emiliana vis- ited them. Whenever she left, she always said, “They said to say “hi’,’ but it was hard to imagine them until I saw them 1 OCESP: Peasant Environmentalist Organisation of the Sierra de come out. There were a lot of journalists. I accompanied Petetlán (Organización de Campesinos Ecologistas de la Sierra de Petatlán). OMESP: Women’s Environmentalist Organisation of the Si- them home, and I saw a family reunited after seven and a erra of Petatlán (Organización de Mujeres Ecologistas de la Sierra de half years. They spoke, hugged, laughed together. Many oth- Petatlán). er families around the world await the release of their loved

The PBI Mexico Project Bulletin is a November Liberation Committee PBI MEXICO PROJECT publication elaborated and edited (Comité de Liberación 25 de P.O.Box 40007 by PBI Mexico. PBI Mexico is not Noviembre) San Francisco CA 94140 USA responsible for statements by third Tel./ Fax:+ 1 415 287 0895 parties in this publication. PBI INTERNATIONAL OFFICE [email protected] © PBI Mexico, 2010 DevelopmentHouse Mexico City Office 56-64 Leonard St., Calle Medellín 33, colonia Roma Design and layout: London EC2A 4JX,UK 06700, México, DF. Ricardo Valdez Tel.:+44 20 4065 0775 Tel./ Fax:+52 1 55 55 14 28 5 Photography: PBI, Human [email protected] [email protected] Rights Center of the Montaña,Tlachinollan and 25 FELIPE ARREAGA SÁNCHEZ, MEXICAN ENVIRONMENTALIST “Yes it was worth it, because even though we were perse- cuted and beaten up in the struggle, we were able to make progress’’

Felipe Arreaga in an interview with PBI, July 2007.

Felipe Arreaga Sánchez was one of Mexico’s best-known environmen- talists. He was accompanied by PBI since 2005 because of the threats he suffered. He died on the 16th of September 2009, in an accident with a public minibus. He was 60 years old. His life was a tireless search for justice for the communities in which he lived. He demanded fair prices for their agricultural prod- ucts and joint participation in the definition of rural development Felipe Arreaga during a PBI accompaniment models. The field of environmen- talism has been at the centre of his social demands since the 90s. the OCESP were murdered. Fear- Environmental Prize by the Sierra He thought that protecting the en- ing for his life, Felipe Arreaga hid Club and the Don Sergio Méndez vironment and managing natural for eight months in the mountains. Arceo Prize. resources ecologically was an op- In the year 2000, together with It was an honour for all those portunity to improve the living con- his wife Celsa Valdovinos, Felipe fortunate enough to have had the ditions for the rural population and founded the Organisation of Wom- opportunity to know and work to preserve the region’s forests. As en Environmentalists of the Sierra with Felipe Arreaga. We will con- co-founder of the Organisation of de Petatlán (OMESP). In October tinue to support the brave work Peasant Environmentalists of the Si- 2004 he was arrested, accused of of the OCESP and OMESP in their erra de Petatlan and Coyuca de Cat- murder. Although there was a lack defence of the environment and of atlán (OCESP), Felipe successfully of evidence against him, he re- the rights of the rural population denounced the excessive logging of mained in prison for 10 months. in Guerrero, in memory of the envi- the forests. Several members of the He was awarded the Chico Mendes ronmental activist Felipe Arreaga.

Peace Brigades International (PBI) is a non-governmental organisation PEACE BRIGADES that has maintained teams of international volunteers who accompany INTERNATIONAL human rights defenders in Mexico since 1999. International accompani- MEXICO PROJECT ment is a tool for conflict transformation through which a third party contributes to the creation of the necessary conditions to search for so- lutions. At the request of local organisations, PBI’s goal is to protect the political space of people and organisations that have suffered repression as a result of their non-violent human rights work. PBI never tries to subs- titute Mexican human rights initiatives , but rather supports them with the presence of international volunteers that accompany people and or- ganisations under threat. The teams make regular visits to conflict zones, disseminate information about the evolution of the conflict, engage with civil and military authorities and carry out public relations and lobbying work to generate international support. More information about PBI’s work in Mexico can be found on our website at: . making space for peace