The following report is a work in progress. The authors of the report
did extensive research over a six month period. If you are interested
in doing further research on the topic you may contact the authors
directly:
A. Frumin: abfru@aol.com
K. Ramirez: ktramirez@hotmail.com
The Untold Story of the
Low Intensity War in Loxicha
By K. Ramirez and A. Frumin
Global Exchange Volunteers
With such a compelling cast of characters and enough plot twists for a
Hollywood screenplay, it seems unfathomable that the world has not yet
been alerted to the story of the Zapotec people. In the Loxicha
Region, nestled between Oaxaca City, the touristed colonial capital of
the state of Oaxaca, and the tranquil fishing ports and beaches of the
Pacific, are a people living in terror. Illegitimately linked to the
1996 guerrilla movement of the EPR (Ejército Popular
Revolucionario), these native Zapotec have for nearly two years
suffered systematic repression and marginalization at the hands of the
Mexican government, federal and state police forces, army, large
landowners, and narcotraffickers. Still more disturbing are accounts
of American Federal Bureau of Investigation involvement. This paper
sets out to document the countless human rights abuses encountered in
this otherwise unknown region in the hope that national and
international attention might challenge the impunity, repression, and
militarization that is now a daily reality in southern Oaxaca.
The Colorful Zapotec People and the Antecedents of the
Conflict
In the fertile mountains of the Southern Sierra, in the region
known as Loxicha, live a population of 35,000 Zapotec. It is estimated
that the Zapotec have been settled in this region for six thousand
years, since the introduction of agriculture, and thus comprise one of
the oldest civilizations in the world. This warrior civilization was
among the only groups not conquered by the aggressive Aztecs (Riding
1985: 291-292). Among the most well-known monuments to the
accomplishments of the Zapotec civilization is the awe-inspiring
pre-Columbian site of Monte Alban.
The geographic area occupied by the contemporary Zapotec consists
of thirty-two rural communities within the district of Pochutla. The
political authority of Loxicha is centered in San Agustín. The
predominant language and race is Zapotec. There are four groups of
Zapotec found throughout Oaxaca. Each group speaks a dialect of
Zapotec so distinct from the others that members of different groups
often cannot understand each other.
The living conditions of the Zapotec fall far below the already
low standards found throughout Mexico. Eighty percent of the
population is illiterate. The makeshift homes of the Zapotec are
constructed of wood, corrugated tin roofs, and earthen floors. In
terms of infrastructure, a mere seven communities have electricity.
In addition, the dirt roads allowing access to many of the outlying
communities become impassable during the rainy season. Within the
Loxicha region, the nearest village to San Agustín is
one-and-a-half hours walking, while the furthest away takes up to
twelve hours in transit (La Unión 1996). The only paved road
through the region extends from Oaxaca City to Pochutla.
These transportation problems have serious health
implications. Many of the communities lie eight to twelve hours from
San Agustín, where the region's one clinic has six beds
attended to by one doctor and one nurse. Thus it comes as no surprise
that a high mortality rate exists in the rural areas of Loxicha (La
Unión 1998: 2). Due to a lack of potable water and the
inaccessibility of medical care, even curable ailments like diarrhea,
malnutrition, advanced flu viruses, and anemia have proven to be
deadly.
The Zapotec are also no stranger to the tribulations brought by
mother nature. Although Acapulco enjoyed most of the international
press when hurricanes Paulina and Rick tore through southern Mexico in
October, 1997, the Loxicha region was even more hard-hit. The larger
of the two hurricanes, Paulina, destroyed hundreds of houses and
thousands of hectares of corn, beans, coffee, and forest
(Velez Ascencio, 11/7/97). The Zapotec also endure frequent
earthquakes as a major fault line runs directly though the district of
Pochutla.
Corn and coffee make up the agricultural foundation of the Loxicha
economy. While corn, beans, and lima beans are used mainly for
subsistence, coffee obtains wide profits for the caciques who
sell to the market. Subsistence farming takes place on communal land
known as the tequio, which is farmed by the entire community.
The Zapotec's narrow economy, based on so few products, has inevitably
obliged many to emigrate to larger cities in search of opportunity.
Politically, the region is broken down into municipalities. The
municipal election system is known popularly as "usos y
custumbres,"
or "practices and customs." Specifically, the system
involves the convening of popular assemblies headed by a council of
respected community members. Authorities are named during popular
assemblies in January, and term lengths are decided upon at the time
of election. Public authorities are not paid. Additionally, the
popular assemblies safeguard the peace and harmony of the municipality
and protect the right to dismiss delinquents (Rubio Cabrera,).
Although article four of the Mexican Constitution grants
indigenous communities the right to govern themselves autonomously
within their region, the recent influx of political parties has
effectively transformed the system. Officially and historically, the
region of Loxicha has been dominated by the PRI, or Partido
Revolucionario Institutional, which has ruled Mexico for the last 68
years. The PRI candidates visit the communities near election time,
handing out small favors and promises in exchange for votes. When the
candidate is brought to power through the popular assemblies all
promises are conveniently disregarded.
The PRI domination of the region is inextricably linked to the
Loxicha cacique class. This story has been told time and
again. In 1954, the municipal agency granted a group of families
commercial space. The families grew quite wealthy and assumed the
concomitant power. Similar to the indentured servitude found in the
United States after the Civil War, the caciques oblige
the campesinos to grow coffee on the vast quantities of land.
The caciques then take the coffee to market, where they make
large profits. They control these profits, for they are among the few
who have transportation to make the long journey. Those who farm the
coffee, the Zapotec, receive a minimal amount of the profit. For three
kilos of unprocessed coffee beans they receive six to twelve pesos (La
Unión 1998: 4). To ensure the return of labor the following
year, the caciques also withhold pay from those who have
traveled long distances to work. Often children accompany their
parents on the arduous five- to six-hour walk and additional hour-long
bus ride to the harvest. Therefore, schools are left nearly empty
during the coffee harvest season, from December to March. The
Zapotec's compensation is not enough to break out of their cycle of
economic dependence. Thus, they remain bound to land they do not own.
The cacique families have enjoyed impunity through their
alliance with the PRI government. According to jailed municipal agent
and municipal president testimonies, the cacique families
tortured, raped, killed, and expelled members of the
community. However, in 1978, to protect public safety under the
mandate of "usos and custumbres," the caciques were
held responsible for their wrongdoings, and the people of Loxicha
forced many of them out. Although the cacique families made
several attempts to reenter the region, the Zapotec would not allow
their return (Human Rights Observation Brigade in the Loxicha Region
1997: 1).
After the expulsion, the caciques' armed guards, or
pistoleros, changed roles only nominally to become the
paramilitaries of the PRI government. One of these paramilitary
groups is the Antorcha Campesina. This reactionary peasant
organization functions to divide opposition efforts through
paramilitary violence. Undoubtedly, the cacique's regional
need for paramilitaries is linked to the region's high drug
production. According to reticent residents of the Loxicha region,
the pistoleros are growing large amounts of marijuana and opium on
cacique land (Founders of La Unión,). The link
between the government and the caciques, and between the
caciques and narcotrafficking, is no doubt crucial in
understanding the heavy militarization, the lack of information, and
the closely-controlled regional movement of foreigners and Mexicans
alike. Unfortunately, information about this critical point is very
difficult, if not dangerous, to obtain.
In 1994, the caciques requested the intervention of the
State Human Rights Commission (Comisión Estatal de Derechos
Humanos, CEDH) to allow their families to return. Pressure was
applied to the Municipal President, Professor Agustín Luna
Valencia, to accept the return of the caciques. Upon denial
of the request, the caciques, headed by Frumencio José
García, Miguel Ramírez Juárez, and Cirilo
José José, began a campaign to implicate residents of
Loxicha as active members of the EPR, or Ejército Popular
Revolucionario (Agustín Luna Valencia). In the last days of
1997, the CEDH supported the return of sixty families who had been
expelled as late as 1986.
The Sketchy History of the EPR in Oaxaca
Information about the genesis, activities, and structure of the
EPR remains vague and sparse. This is due, in part, to the group's
lack of a leader or public liaison. In conversations with various
Mexican human rights representatives, attitudes and perspectives
reflect an ambivalence and skepticism toward the EPR. The EPR´s
organization and apparent access to funds has made non-governmental
Mexican human rights groups suspect of connections between the EPR and
the PRI government. These groups believe the government is using the
EPR to conflict and divide the various opposition groups found in
southern Mexico (Rubio Cabrera).
The EPR strongholds are found in Hidalgo, Guerrero, the state of
Mexico, and the capital city. The group has gained acceptance among
the PRD (Partido Revolucionario Democrático or the Democratic
Revolutionary Party), specifically the FAC-MLN (Frente Ampio para la
Construcción del Movimiento de Liberación Nacional or
the Front for the Construction for a National Liberation Movement), as
well as the support of LIMEDDH (la Liga Mexicana de Derechos Humanos
or the Mexican Human Rights League), the CEDH, and Amnesty
International (Sorroza, 12/29/96).
The most violent EPR attacks have taken place in Oaxaca; they have
all been directed against local security forces. This makes the
suspected connection between the EPR and the government dubious. In
fact, the majority of those killed were members of the State and
Municipal Police forces. Although state response to EPR activities
has been most pronounced in Guerrero, Oaxacans have suffered more
detentions and torture at the hands of the government.
In Oaxaca, the EPR used their attacks to diffuse propaganda by way
of interviews with local reporters, flyers, and graffiti. Although
Oaxaca has experienced the three most violent EPR attacks, the
organization has yet to make an official public statement concerning
Oaxaca. The published communiqués have appeared in Huasteca,
Mexico State, and in the daily liberal paper, La Jornada
(Sorroza, 12/29/96). For this reason, many people feel the EPR's
intellectual authors are not centered in Oaxaca. However, the
government has evidently decided that the Loxicha region is an EPR
nerve center. This convenient conclusion may have more to do with
local politics and powerful narcotrafficking rings than with EPR
activity.
The EPR reciprocates the hostile feelings of the government. In
the classic form of a guerrilla revolution, the EPR has no intentions
of negotiating with the government. The EPR was asked in a press
conference held on September 15, 1986, by the Oaxacan daily
Noticias , if dialogue with the Mexican government would be
favorable. EPR representative Comandante Francisco responded:
"We believe that any negotiations made with the current government
would fall on deaf ears...to sit in dialogue with the same men who are
carrying out daily assassinations, repressing the country, men who are
at the root of our political and economic misery, responsible for the
deaths of more than 100,000 children each year in poverty and
malnutrition...would not serve our purposes." (Noticias,
9/15/96)
According to a Noticias article published January 7,
1998, the EPR is fighting for a democratic transformation of the
society, to improve the social and economic conditions of Mexico,
through a legal, yet clandestine, democratic, and armed movement. The
primary strategy of the EPR is guerrilla warfare as laid out in
The Thoughts and Principles of Guerrilla Tactics, a manual
based on the Marxist concept of the revolutionary proletariat class
(Velez Ascencio, 1/7/98).
Militarization: The Infrastructure of Institutional
Repression
According to Mata Montiel, a representative of the Latin American
Federation of Associations for the Detainees and Disappeared, the
region of Loxicha is the most militarized and repressed zone in the
country (Velez Ascencio, 1/7/98). However, gathering information on
the topic is, once again, all but impossible. Access to the region
has been severely restricted. At the end of February, 1997, the
Oaxacan Network of Human Rights Groups entered the region as the first
observation brigade since the conflict began. The LIMEDDH organized a
similar brigade to gather information at the end of April, 1997, yet
were forced out prematurely. Since the LIMEDDH visit there have been
no non-governmental human rights organizations allowed into the
region. However, in February of this year the State Human Rights
Commission entered Loxicha with some difficulty. The area is
considered so unstable that the state governor would not guarantee the
safety of any group visiting the area. That is to say, the army and
the police forces have been given the right to reign the terror and
repression they so desire (Stephen 1997: 4).
It is estimated that up to 5,000 army troops are posted within the
region (Stephen 1997: 4). As in Chiapas, the army used a three-phase
strategy of infiltration into the conflicted Loxicha zone. To begin
with, the army establishes a large and omnipresent military
installation in a central location (Stephen 1997: 6). The creation of
a base at El Manzanal, which lies at the junction of Highway 175,
running from Oaxaca City to Pochitla and the entrance to San
Agustín, illustrates phase one. In phase two, the army
proceeds to set up small bases within the community. Often the
military take over community lands without permission. Lastly, in
phase three, the army makes daily patrols of the community (Stephen
1997: 6). In this way, the army, government, and police reinforce the
idea that no area within the region is outside their realm of control.
The implications of the military presence are far reaching. Keep
in mind the Zapotec people are simple agriculturists. If they have
arms at all, they are simply rifles and machetes. One can only
imagine the terror of living among men who carry both automatic
weapons and licenses of impunity from the government. The Zapotec
people live in constant fear of detention and torture. Most have
abandoned their coffee and corn fields in the mountains, fearing that
if they are found in the hills they will be implicated as guerrillas.
The repression has even prohibited many from going into San
Agustín to buy and sell goods at the market. "When soldiers
and police arrive to our communities they take what they like without
asking, cut down fruit trees, kill the chickens, eat our food, rob our
money, loot items of value, and even rape our women." (La
Unión 1998: 8)
Chronology of a Witch-Hunt
While rumored to have been in existence for several decades, the
EPR remained relatively quiet until June, 1996. On June 28, 1996, the
EPR led an armed uprising in el Vado de Aguas Blancas in the state of
Guerrero.
In their next appearances, the EPR exhibited their organizational
skills. Simultaneous attacks occurred in Tlaxiaco and La Crucesita on
August 28, 1996. Tlaxiaco lies in the northwestern mountains of
Oaxaca, far from the tranquil coastal town of La Crucesita in the
southern region of the state. These two attacks resulted in twelve
deaths and seven injuries. Huge caches of ammunition were left at the
site of the Tlaxiaco uprising, adding further credence to the
contentions of non-governmental human rights groups that the EPR was
receiving funds from the government. In the same respect, this fact
reveals the absurdity of the government's claim that the EPR has a
strong base in Loxicha. How could a group of poor campesinos organize
an insurgency group that could afford to leave behind such valuable
materials? However, the attack on La Crucesita not Tlaxiaco drew the
most attention, due to its proximity to the up-and-coming tourist
resort known as Bahias de Huatulco.
For Loxicha residents the importance of La Crucesita reached far
beyond the possible impact on tourism. Among the nine casualties was
a former municipal official of San Agustín, Fidel
Martínez (La Unión 1998: 6). Martínez had
stepped down from his official post three months prior to the
attack. Placing a former Loxicha official at the scene of an EPR
attack strengthened the government´s link between the EPR and
Loxicha. Loxicha community members, however, were adamant that any
link Martínez might have had with the EPR was his own decision
and not a reflection of the community's political tendencies. Yet the
ripening political strife between the caciques and the
Loxicha residents, in conjunction with the Martínez and thus
Loxicha link with the EPR, created the perfect pretext to militarize
the zone and further the control of the caciques.
Immediately thereafter, as the first phase of militarization, a
military outpost was installed in El Manzanal, at the entrance to the
Loxicha region. In phase two, the military began moving into the
region. On September 5, 1996, in the first wave of detentions that
would number seventy-seven, Francisco Valencia was detained and
tortured. The justification given for this violation was merely that
he carried a FAC-MLN flyer, which the officials used as evidence of
his connection to the EPR (Human Rights Observation Brigade 1997: 2).
In a march two days later, Loxicha community representatives protested
Valencia's detention. Some 1500 Loxicha residents created an
encampment in Oaxaca City´s zocalo , or town square.
The Union of Towns Against the Repression and Militarization of the
Region of Loxicha organized the protest. Mothers, sisters, wives,
daughters and other women and children close to the detainees comprise
La Unión. Their demands were simple: improved infrastructure
and the demilitarization of the Loxicha region. On September 13,
their demands were recognized in a fifteen minute meeting with the
Oaxacan governor, Dioforo Carrasco Altamirano. The governor informed
them that these issues would be addressed by different functionaries
within his office. With respect to militarization, Carrasco claimed
that he could not remove the military encampments and outposts for
reasons of "national security." On September 15, the Zapotec
protesters withdrew from the zocalo, realizing that their
requests for demilitarization had fallen on deaf ears, yet hopeful for
the prospects of development projects (Human Rights Observation
Brigade 1997: 2).
Rather than investing money into the well-needed development of
Loxicha, the government invested instead in further military
operations. On September 25, 1996, more than 43 mobile units and
approximately 500 men, including the Preventative Police, the State
and Federal Judicial Police, and the Mexican Army, invaded the
community of San Agustín. These armed men tore through the
village, detaining students, heads of family, farmers, and municipal
authorities, many of whom were beaten. In addition, many homes were
searched and robbed. The police officials acted in blatant disregard
of the law, violating articles fourteen, sixteen and twenty-two of the
Mexican Constitution. Article fourteen clearly states that no one can
be deprived of life, property, possessions, or liberty. Article
sixteen guarantees the individual right not to be harassed in one's
person, property, papers, family, home, or possession without a
written mandate. Lastly, article twenty-two corresponds to the
American law prohibiting cruel and unusual punishment. The forces
went so far as to loot the Municipal Palace, considered sacred by
residents. Needless to say, for the three thousand inhabitants of the
town (making the ration of military to civilians an outstanding one to
three) this surprise attack was inconceivable. The Union of Towns
Against Repression and Militarization in the Region of Loxicha
succinctly express the feelings of the residents: "These actions were
carried out against our humble town with all the impunity granted by
the powerful arms, tanks, and despotic attitude of the armed forces."
(La Unión: 2)
During the attack, several municipal authorities were detained.
Among the detainees was the Municipal President, Professor
Agustín Luna Valencia, the Municipal Treasurer, Professor
Fortino Enríquez Hernández, the Sub-Treasurer, C. Isias
Ambrosio Ambrosio, and the Municipal Secretary, C. Manuel Nicandro
Ambrosio. Two municipal officers were also detained. After being
tortured and forced to identify the local leaders of the EPR, they
were set free on bail. Professor Alpidio Ramírez García
and two farmers, Tiberio Martinez and Pedro Pérez Almaraz, were
identified as the leaders. They were held at Pochutla and later
transferred to Oaxaca City (Human Rights Observation Brigade 1997: 3).
After having completed their sweep of San Agustín, the
armed forces moved into the town of San Francisco. In San Francisco,
they used the same brute force, detaining the two Municipal officials,
C. Emiliano Jose Martínez and C. Luis Martínez, both
accused of being members of the EPR. All told, twenty men were
illegally detained on this day.
Recalling the history of the regional caciques, it is not
surprising that they had a hand in the violence. According to a
report by the Union of Towns Against the Repression and Militarization
of the Region of Loxicha, ten former caciques participated in
the siege. They were identified as the same men who had worked during
the 1970s as paid gunmen for the regional caciques and who
had been expelled in 1978. These ten men appeared dressed as Judicial
Federal Police and operated from the back of trucks, identifying the
community members to be detained and falsely linking them with the
EPR.
Once again, the inhabitants of the communities were driven to
install their encampment in the zocalo to demand that the
state government release the prisoners and demilitarize the region.
On October 9, 1996, these renewed efforts were answered with the
transfer of prisoners from Oaxaca City to Almoloya de Juarez in Mexico
City, one of the two maximum security prisons in the republic. As a
consequence of the transfer, the people from Loxicha marched to Mexico
City, building yet another encampment outside the office of the
Secretary of State. Unfortunately, on October 15, while in talks with
the Secretary of State, San Agustín was invaded again, and five
inhabitants were detained under accusations of EPR links. On October
26, the community stopped their mobilizations in the hope of advancing
the negotiation process by eliminating any pretext the Federal
Government might use to impede it.
In response to the show of good faith by the people of Loxicha,
the government orchestrated yet another invasion. On November 7,
1996, at three o'clock in the morning some 500 men from the same
integrated forces violently entered San Agustín, knocking down
doors, looting homes, and threatening inhabitant with firearms.
Again, former caciques dressed as Judicial Federal Police sat
in the truck beds signaling who was to be detained (Human Rights
Observation Brigade 1997: 3).
After the raid on San Agustín, the forces carried out
similar campaigns in Quelove, Río Santa Cruz, Magdalena, La
Conchuda, La Sirena, and Loma Bonita. At the end of yet another day
of institutionalized terror and brutality, twenty-two Loxicha
residents were arrested and detained. Among those detained were three
teachers and the Municipal President, Gaudencio García
Martínez. Those captured endured beatings, torture, and
threats. All were forced to sign blank documents, to be filled in with
whatever confession served the officials, or prefabricated
confessions, to the same end.
The first reports of the American Federal Bureau of Investigation
presence result from this November raid. According to reports from
San Agustín, ten men dressed in black, with FBI insignias on
their sweaters and caps, were present during the sweeps (Ascencio,
12/22/92). The men were tall, with North American Features, and did
not speak Spanish well. In the testimonies that follow, the detainees
also mention the presence of the FBI (Laureano Ramírez
García). According to a December 22, 1996, Noticias
article Victor Clark Alfaro, Director of the Binational Center on
Human Rights, urged an investigation of the FBI presence in the
Loxicha region. Alfaro considers the FBI accessories to the gross
human rights violations perpetrated by the military and police in the
sweeps to detain supposed EPR members. While the information is terse
as to why an U.S. domestic intelligence organization would be in
southern Mexico involving itself in a decidedly illegal Mexican
military, police, and government operation, we have confirmed that the
FBI was on official business, presenting an anti-hostage program, in
Mexico at the end of 1997, the time of the raid (Ochoa,).
Elements of the Preventative, Federal, and State Judicial Police
made several more sweeps in the communities of San Vicente Yogonday,
Loma Bonita, Llano Maguey, Santa Cruz de la Flores, and Magdalena
between the dates of November 26 and December 1. During the
invasions, an additional twenty people were arrested and detained.
One of the detainees was tortured to death, although the government
declared it an accidental death (Human Rights Observation Brigade
1997:2).
Three days later, on December 3, another wave of detentions
followed. In Oaxaca City, three people were arrested, charged with
taking over a local radio station with the intention of broadcasting
EPR propaganda. As in prior raids, the Judicial Police forcefully
entered the office of the CODPO (Coordinador de Organización
Democráticas Populares de Oaxaca or the Coordinator of Popular
Democratic Organizations of Oaxaca). In this office, the wives and
children of the other detainees, who had been keeping vigil by day in
the Governor's Palace encampment, were resting for the night. During
the raid, two computers and 2,500 pesos (approximately $300 U.S.) that
had been painstakingly collected between November 20 and December 2,
were looted by the Judicial officials. To add insult to injury, in
addition to the arrests of the four men, the Judiciales
forced fourteen women and fifteen children into their truck and took
them to the State Attorney General´s office where they were held
with no formal charges until the following morning (La Unión
1997:5). In the familiar pattern, the men were tortured and detained.
The reign of terror wrought by arbitrary and illegal detentions
continued in a series of detentions beginning on January 7, 1997, with
the abduction of Irineo Ortega from the community of La Conchuda.
Thirteen days later, Constantino José Santiago was detained in
San Agustín. In the last days of January, two more men were
taken. The last detention to be addressed in this report took place
on February 19 in Llano Paraje.
To date there have been 77 detentions, 10 assassinations, and 4
disappearances from Loxicha. Those detained are being held in several
different prisons in three different states (Ochoa). According to
Mexican law, the transfer of prisoners between states is legal.
However, the transfer causes obvious cost and time difficulties for
families who wish to visit loved ones. Thus, the men are removed from
any base of support, emotional or otherwise. The prisoners are being
held in: Almoloya de Juarez, Maximum Security Federal State
Rehabilitation Center, in Mexico City; Men´s Prison North, South,
and East in Mexico City; Tula City in the state of Hidalgo; Santa
Maria Ixcotel in Oaxaca City; Consejo Tutlar in Oaxaca State; and
Huatulco in Oaxaca State. The crimes the men are accused of include:
homicide, attempted homicide, delinquent associations, arms supplying,
terrorism, conspiracy, sabotage, assault and battery, denial of
personal liberty, theft, property damage, rebellion, carrying fire
arms without a license, and carrying arms reserved exclusively for
army and air force use.
As a result of the terror wrought by habitual raids on these small
Loxicha communities, many residents have fled. Primarily led by the
men of the community, this exodus has left the region inhabited
largely by women and children.
Testimonies of Psychological and Physical Torture
This section synthesizes the testimonies of thirty-seven Zapotec
men from ten different communities. The men were interviewed by the
Brigade of Oaxacan Human Rights workers in February, 1997. Throughout
all of the testimonies, a general story of how the detentions and
tortures were carried out can be deducted, although inevitably
differences exist in each individual case.
In surprise sieges orchestrated by the integrated forces, the
majority of the men were taken from their homes in the early morning
hours, although some were taken from buses or trucks. Repeatedly
mentioned in the testimonies were the Judiciales, or the
Federal Judicial Police. The most cruel of the armed forces, these
men dress in all black, carry machine guns, and are considered a brute
squad. Without any arrest warrant or invitation, the police and army
would kick in the doors of the humble, often makeshift houses,
shooting off rounds to intimidate those within. Many of the detainees
were still in bed, and were dragged out naked or only partially
clothed. "They broke down the door of my house and shot off their
guns just a few centimeters from where my children were sleeping.
From there they pulled men out of bed, naked, hitting me with the butt
of their rifle. They hit me three times with the butt of their rifle
in the back and kicked me forcefully four times on the top of my left
foot (Virgilio Cruz Luna).
After being beaten, threatened, and humiliated in front of their
families, the men were forced into truckbeds. Many of the
campesinos
recognized the men pointing out those to be detained
as former pistoleros. Gaudencia García
Martínez, the acting Municipal President, boldly questioned,
"Who are you? Are you Judiciales or Pistoleros? "
The armed men forced their way into Martínez´s house.
Martínez had enough time to shut the door again. After
threatening to burn down the house, Gaudencia let the armed men in.
They handcuffed him, grabbed him by the neck, and threw him in the
back of the truck (Gaudencia García Martínez).
Most of the testimonies then describe two large dogs being placed
in the back of the truck to intimidate and quiet the men. During the
hour-and-a-half long trip from San Agustín to Huatulco, the
truckload of alleged EPR guerrillas, mostly farmers and teachers, were
ordered to sit still and not disturb the dogs. Each was told as they
climbed in the truck, "These dogs are more valuable than you. If we
hear them bark, we will beat the shit out of you!"
En route to Huatulco, many of the trucks stopped at the ranch
known as San Martín. It is here, apparently, that most the men
were tortured. To begin with, they were blindfolded. Heinous acts of
physical torture followed, including beating, kicking, and slapping.
The men were also subjected to different forms of asphyxiation, either
with a plastic bag pulled over their head, or blocking the nose and
mouth with a cloth. One of the torture techniques used widely by the
Judiciales was the forcing of carbonated water, sometimes in
combination with chili powder, up the noses of these men, while their
mouthes were blocked. Even more horrific to imagine was the use of
electrical shock to the testicles, nipples, and other parts of the
body. Understandably, most of the testimonies do not go into detail
about the torture any more than a list of what each endured. However,
Gaudencia García Martínez did comment, "The application
of carbonated water while blocking the mouth with a rag is one of the
most cruel and inhumane tortures that one can ever imagine in this
world of torments and cruelty."
Physical violations were routinely accompanied by sinister
psychological tortures. These men were tormented by being forced to
listen to their fellow detainees´ pain, a pain that they had
either suffered or anticipated enduring. Many testimonies describe
threats of being thrown out of airplanes to sea while in transit to
prison. In addition, Judiciales constantly threatened to
rape, beat, or otherwise violate the detainees' family members if they
did not cooperate. Cooperation entailed admitting ties with the EPR or
implicating other community members. Throughout the detentions and
torture, the men were constantly barraded with racial slurs. Some of
the degrading remarks about the Zapotec natives included, "You Indians
smell like shit."
Bruised and cut physically and forever mentally-scarred, most of
the men were transferred to Huatulco. There they were put in small,
dank rooms. They were given no food or water for two days. The rooms
had no toilets, forcing the men to defecate and urinate in the small,
shared space. At any hour, day or night, they could be forcefully
taken by the Judiciales to give personal information, to sign
blank documents that would later serve as their declarations, or to
submit to further torture. The interrogations involved laboriously
repeated questions about the EPR. Inquiries focused on the EPR´s
attacks on La Crucesita and Tlaxiaco, personal affiliation, EPR
members, weapon caches, funding, meetings, and organizational
structure.
The majority of the accused do not speak Spanish, only their
native Zapotec. Although the Mexican Constitution guarantees the
right to a translator for non-Spanish speakers, most of the
interrogations took place in Spanish without translation. One
testimony refers to the presence of a bilingual Spanish-Zapotec
speaker during the translation of a detainee´s declaration. By
her account, the translation was gravely erroneous.
From Huatulco, in many cases, the detainees were transferred by
small aircraft to one of the several prisons in Oaxaca, Hidalgo, or
Mexico State. A year and a half later, many of these men are still
incarcerated on the proof of declarations or blank documents signed
under extreme torture.
Conclusions and Questions Yet to be Answered
Although information about Loxicha is unreliable, and often
unavailable due to its highly political nature, some conclusions can
be made concerning unabated human rights violations within the area
over the last two years. The Loxicha history demonstrates the Mexican
government, police, and military's blatant disregard for clearly
stated domestic human rights laws, not to mention international human
rights agreements signed by Mexico.
While the Mexican Constitution is one of the more progressive in
Latin America, the case of Loxicha reveals much of this progressivism
to be tokenism. All too often the Constitution is completely ignored.
Firstly, the militarization of the zone, specifically the outpost at
Manzanal, is in direct violation of the right to free transit
throughout the republic, granted in article eleven. Secondly, as we
have stated, the arbitrary detentions are a breach of article
fourteen. For the most part, arrest warrants did not exist for these
detentions. Often they were issued retroactively by the
Ministerio Publico , or Public Minister. Many of the
non-Spanish speaking Zapotec people were denied their right to a
translator, also guaranteed in the Constitution. Additionally, many
were forced to sign blank document that would serve as their
declarations. These declarations reflect an obvious fabrication of
guilt by the Judicial officials. Lastly, yet another of the laws of
the Constitution, article twenty-two, was violated in the cruel and
unusual physical and psychological torture of the detainees in order
to obtain declarations of EPR allegiance. Detainees were also offered
money to denounce their fellow community members.
Today Loxicha is inhabited mostly by women and children. They
walk in a constant shadow of fear: fear of being raped, beaten,
robbed, or mistreated at the whims of the military and the police.
Indeed, these people have no recourse. The federal government has
taken no action on the issue, and the governor of Oaxaca has all but
publicly granted the military and police total impunity. The
international community is ignorant of the gruesome situation. The
only course of action available to Loxicha residents is the
organization of their encampments and marches. For the last year and
a half, the Union of Towns Against the Repression and Militarization
of the Region of Loxicha has been camped out in front of the
Governor´s Palace in Oaxaca City. Alas, it appears their efforts
have been fruitless. The question remains: Why has there been so
little attention to this region and the cries of the Zapotec people?
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