Interview with Digna Ochoa, lawyer for the Miguel Agustin Pro Human Rights Center about the impunity of the Mexican Army in Guerrero and the case of Rodolfo Montiel Flores and Teodoro Cabrera Garcia

La Jornada, El Sur
October 13th, 1999
By Eduardo Albarran Orozco

"According to our statistics Guerrero has been one of the states where human rights violations have been endemic...The situation in Guerrero has gone from bad to worse," reported Digna Ochoa, lawyer for the Miguel Agustin Pro Human Rights Center. Ochoa indicated that the actions of the government to supposedly combat armed groups such as the EPR and EPRI and narco-traffickers, has led to the "systematic violation of human rights throughout Guerrero, as well as other states."

Ochoa also stated that, "the Mexican Army continues to invade communities, illegally breaking into people's houses and robbing community members of what little they own; some community leaders have been incarcerated while others have simply been executed." Ochoa indicated that the worst part of all of this is that those who have been involved in these cases of human rights violations have been protected under the flag of impunity that protects the Mexican Army. According to Ochoa, "the members of the Secretary of National Defense have been untouchable with regards to the law, and have acted with complete impunity, not only in Guerrero but also in other states."

Ochoa pointed out that one characteristic that has led to these problems is that fact that the police forces in certain states, such as Guerrero, have come under the power of the Mexican Federal Army. The Mexican Army has taken over the functions of the police and public security forces although, according to the Constitution of Mexico, this is not their role to assume. According to the Constitution, the Army is responsible for national security, while the Attorney General of the Republic and the state police forces are in charge of combating drug-traffickers.

Digna Ochoa is currently the defense lawyer for Rodolfo Montiel Flores and Teodoro Cabrera Garcia, two farmers and members of the Organization of Peasant/Ecologists of the Sierra of Petetlan and Coyuca of Catatlan, who are now imprisoned on charges of being members of the EPR as well as being narco-traffickers. In the 5th District Court in Iguala, the defense presented proof that these two farmers were tortured at the hands of the Mexican Army. At the same time, it clearly identified the perpetrators and those responsible for the farmers torture in this incident. During this past September, the Miguel Agustin Pro Human Rights Center presented a letter to the Attorney General of the Republic, Jorge Mafrazo Cuellar, soliciting that he instruct the Federal Public Investigator to initiate an investigation against the accused military personnel in this case. However, nothing has been done to initiate the investigation.

Digna Ochoa asserted that there are cases of human rights violations where, "those responsible are clearly identified as members of the Mexican Army, and the Attorney General of the Republic hasn't looked into the accusation made against them...instead he has declared the accusers incompetent and sent the cases to the military justice apparatus." Ochoa commented on the ridiculousness of this process by saying, "if the Mexican Army personnel are responsible for the systematic violation of human rights, how are they going to properly investigate themselves in regard to these cases?"

Ochoa also pointed out that the Mexican Army isn't the only ones who have been involved in human rights violations, and that, "members of the State Police have also been involved in these violations." At the same time, there are local "'caciques' (mafiosos) that, "have their own armed groups at their service, similar to guardias blancas' (white guards), that attack communities that are not acting in accordance to their economic interests." These groups also operate with impunity.

Ochoa indicated that there are three states where the violations of human rights have been endemic: Chiapas, Oaxaca, and Guerrero. "These states are those that are being most violated...Above all, the peasant communities are most vulnerable."

When asked: what has been the role of the human rights commissions on the state and national levels? Ochoa answered by saying, "I believe that there has been quite a bit of passivity on their part...In the first place, you have to understand the role of the state commissions in that, although they don't necessarily want to admit it, they have a certain dependence on the government and Executive power...also, while the National Human Rights Commission obviously isn't truly independence form the government, they can't really act on certain cases involving human rights violations."

Ochoa continued and said, referring to Guerrero, that"there have been a few recommendations, as in the case of Aguas Blancas, where there was a recommendation/declaration from the National Commission on Human Rights and one from the Inter-American Commission on Human Rights in response to the massacre and those implicated ... However, the state of Mexico has been neglectful in this case, and as a result, those responsible remain free." Ochoa also cited a case of human rights violations that occurred in the municipality of Tlacoachistlahuaca, Guerrero, where members of the Mexican Army assassinated three peasants and raped two women. In regard to this case, Ochoa stated, "although all of this has been fully documented, the National Human Rights Commission has not made one recommendation/declaration in relation to this case."

Also, Ochoa mentioned the case that occurred in Pizotla, Guerrero, where one peasant was murdered while Rodolfo Montiel Flores and Teodoro Cabrera Garcia were detained for their activism and involvement in protecting their forests. "These two peasants are unjustly imprisoned, and the Mexican Army has fabricated the crimes and produced arms and drugs to justify their illegal arrests." Ochoa went on to explain that one of those detained, Rodolfo Montiel Flores, is now sick as a result of the torture he received during his detainment. Digna explained that Flores received numerous blows to his genitals and has had some serious repercussions as a result.

Digna Ochoa presented proof before the 5th District Court, that the crimes that Flores and Garcia have been accused of were fabricated, and that the guns and drugs used as evidence against them were produced by the Mexican Army. Ochoa also mentioned that in her last appearance before the court, she produced evidence of the torture used to force the two peasant/ecologists to sign declarations of guilt. She also presented a letter from one of the military personnel involved that admitted that Rodolfo Montiel Flores and Teodoro Cabrera were tortured. "We believe, that if at the time of sentence, the judge truly understands the laws and has really looked at the proof that exists for this case, then he will have to dismiss it."