In November of last year Rodolfo Montiel and Teodoro Cabrera were released from prison in Mexico.
Both men had attracted international attention by speaking out about the destruction of the forests in Guerrero, Mexico. Rodolfo and Teodoro stood up to mega-corporations, like Boise Cascade, that were destroying their watersheds by fueling unsustainable logging. They were beaten, tortured and imprisoned for these acts. Amnesty International named them Prisoners of Conscience and they both received the prestigious Goldman Environmental Award for their sacrifice.
Although freed from prison, Rodolfo and Teodoro still have not been exonerated for the false charges that lead to their original arrest. Many organizations, including PRODH in Mexico City, are still working on clearing their names through the Mexican legal system and the Inter-American Commission on Human Rights.
How to act in solidarity in the current situation.
Many human rights groups in Mexico consider it necessary to continue to pressure the Mexican government. It is necessary to implement letter writing campaigns directed mainly at President Vicente Fox, where we point out that justice still has not been achieved in the case of Rodolfo and Teodoro, since the members of the military have not been sanctioned. As a measure to guarantee non-repetition, we would also request that it be bodies of the civil legal system (and not the military) those who investigate and sanction members of the military who commit human rights violations against civilians.
The issues that should be included in these letters are:
a) That justice has not been achieved in the case, given that the innocence of the ecologists was not recognized. Moreover, the last resolution of the amparo constitutes more violations against the ecologists.
b) That it is unacceptable that the national institutions (at least six bodies of a legal character) have not been able to bring a just solution to the case and therefore it was necessary to turn to international bodies.
c) That the torturers continue to be impune and protected by the Military Attorney General. It would even appear that the actions of the national institutions have been limited as way as to protect the Mexican Army
d) It should be highlighted that there have been several recommendations by international bodies stating that civil legal bodies need to be the ones to investigate members of the military who commit human rights violations. In this sense, in order to prevent this type of human rights violations it is important that administrative, legislative and other measures be carried out that guarantee that members of the military will not remain in impunity as they will be investigated and judged by civil bodies.
Sample Letter to be sent to: Please send your letters to:
Lic. Vicente Fox Quesada Presidente de los Estados Unidos Mexicanos Palacio Nacional. Patio de Honor 1er. Piso, Col Centro, C.P. 06067, Mexico DF MEXICO
Fax. 011 - 52 55 - 5277 2376, 5515 5729. Tel.: 011 - 52 55- 5515 8256 E-mail: sprivada@presidencia.gob.mx
With copies to:
Centro de Derechos Humanos Miguel AgustÌn Pro Juarez Serapio Rendon #57-B Col. San Rafael C.P. 06470, Mexico DF MEXICO
Mr. President:
I would like to use this occasion to express to you my concern regarding the case of the campesino ecologists Rodolfo Montiel Flores and Teodoro Cabrera GarcÌa.
Rodolfo Montiel and Teodoro Cabrera are from the Sierra de Petatlan and Coyuca de Catalan, Guerrero. In 1998 they founded and have actively participated in the campesino environmental movement that forms part of the "Organization of Campesino Ecologists from the Sierra de Petatlan and Coyuca de Catalan".
Their characteristic of being defenders of the environment has been nationally and internationally recognized, such that Mr. Montiel was awarded the Goldman Environmental Prize. At the same time, it is well know that the only reason that they were imprisoned and later accused of several crimes that they did not commit was precisely because their work to defend the environment affected the interests of others. Because of this, Amnesty International declared them prisoners of conscience.
In spite of the fact that Rodolfo Montiel and Teodoro Cabrera were released last November, full justice has not been served in their case because their innocence has not been recognized, and because several institutions that form part of the Mexican government continue to present irregularities in their work, protecting the authorities responsible for the human rights violations committed against the campesino ecologists.
The case is such that the Military Attorney General, far from investigating the crime of torture committed against Rodolfo and Teodoro, has to date protected the members of the military involved in the acts. At the same time, the Mexican government has not observed several recommendations issued by international bodies on the case, as is seen with the reports issued by UN Special Rapporteurs on their visits to Mexico. In this regard, the Special Rapporteur on Torture recommended in his report that "cases of serious crimes committed by military personnel against civilians, in particular torture and other cruel, inhuman or degrading treatment or punishment, should, regardless of whether they took place in the course of service, be subject to civilian justice." The Special Rapporteur on Extrajudicial Executions also indicated the need to "initiate reforms aimed at ensuring that all persons accused of human rights violations, regardless of their profession, are tried in ordinary courts."
Given this situation, it is necessary to express to you that justice will be absent in this case as long as the members of the military responsible for the torture committed against Montiel and Cabrera remain in impunity. Moreover, according to articles 1.1 and 2 of the American Convention on Human Rights, member states have the obligation to adopt the adequate and necessary internal provisions to impede the repetition of human rights violations. Because of this, the need to adopt urgent measures so that civil bodies are the ones to investigate and sanction the violations committed by members of the military against civilians is evident in this case.
Without the presence of the elements described above, it will be impossible to establish structural changes that truly work to combat impunity, which is the main factor that perpetuates human rights violations. At the same time, it should be pointed out that the promotion and protection of human rights is a basic prerequisite for the existence of a democratic society, as is established in the Inter-American Democratic Charter, signed by Mexico on September 11, 2001 in the session of the Organization of American States held in Lima, Peru.
I hope that as an example of your commitment for the respect for human rights, you carry out the necessary actions to put a stop to impunity in the case of Rodolfo Montiel and Teodoro Cabrera. Likewise I urge you to implement adequate measures so that civil authorities are the ones in charge of investigating and prosecuting those members of the military responsible for human rights violations.
Sincerely,