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The governor of the Mexican state of Oaxaca should ensure that officials conduct a thorough and impartial investigation into allegations of excessive use of force and arbitrary arrests by police following a July 16 confrontation with protestors, Human Rights Watch said today.

On Monday, July 16, a protest march by members and sympathizers of the Asociación Popular de los Pueblos de Oaxaca (APPO) ended in a violent confrontation with police in the state capital Oaxaca. The police fired tear gas canisters, as both marchers and police attacked each other with stones.

Human Rights Watch has received credible reports that police carried out arbitrary arrests, pulling people from passing cars and buses, and beating those in custody.

“If Governor Ulises Ruiz is committed to law and order in his state, he should ensure that alleged brutality by the police is thoroughly investigated and that those responsible are prosecuted,” said José Miguel Vivanco, Americas director of Human Rights Watch.

The confrontation took place near the public auditorium where the Guelaguetza, an annual cultural festival, is being held this month. The APPO had announced its intention to hold a “popular Guelaguetza” as an alternative to the state-sponsored event.

Police reportedly beat some of those arrested so severely that they needed to be hospitalized. Emeterio Merino Cruz, 43, was taken off a bus and arrested, reportedly because he had dirt on his hands, which police attributed to his having thrown stones. After several hours in police custody, he was transferred to a hospital with injuries that required surgery. He remains hospitalized in critical condition a week later.

State officials in Oaxaca initially reported that a total of 40 people were detained and four required medical attention. The undersecretary for human rights for the state of Oaxaca, Rosario Villalobos, publicly acknowledged that there had been “excessive use of force” by the police and said that “the government will have to take responsibility for” these actions.

“We recognize that the state of Oaxaca has a duty to prosecute any protestors who broke the law during the disturbances,” said Vivanco. “But as state police and other officials carry out their law enforcement duties, they also have an obligation to respect the basic rights of detainees enshrined in international human rights law and the Mexican constitution.”

Human Rights Watch urged Governor Ruiz to ensure that any police officers being prosecuted for alleged crimes are immediately suspended from service. The governor should also issue instructions to state security forces that abusive treatment will not be tolerated under any circumstances, and that officers of all ranks who are responsible for such practices will face disciplinary action, including loss of their jobs and criminal prosecution.

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