Torture, “Disappearance,” and Extrajudicial
Execution in Mexico
Human Rights Watch
New York · Washington · London · Brussels
Copyright © January 1999 by Human Rights Watch.
All rights reserved.
Printed in the United States of America.
ISBN #1-56432-198-3
Library of Congress Catalog Card Number: 98-83148
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CONTENTS
ACKNOWLEDGMENTS vii
I. SUMMARY AND RECOMMENDATIONS 1
Torture, “Disappearances,” and Extrajudicial Executions 3
Human Rights Deficiencies in Mexico’s Justice System 8
Shades of Justice 10
The Mexican Government’s Approach to Human Rights 12
Recommendations 16
II. PERSISTENT VIOLATIONS IN A CHANGING MEXICO 24
The Government’s Approach to Human Rights Violations 24
The Government’s Response to Human Rights Criticism 26
The National Human Rights Commission 28
The National Human Rights Program 29
III. HUMAN RIGHTS AND THE JUSTICE SYSTEM IN MEXICO 32
Mexico’s Justice System 32
Investigating Crimes and Prosecuting Criminals 34
The Public Defender’s Office and “Person of Confidence” 35
Human Rights Protections Under Mexican Law 36
Constitutional and procedural guarantees 36
The importance of individual and procedural guarantees 38
Human Rights Deficiencies in Mexican Law and Legal Precedent 39
Responsibility for Ensuring the Protection of Human Rights 45
Judicial Reforms in Mexico 46
IV. MEXICO’S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 53
Torture 53
“Disappearance” 54
Extrajudicial Execution 56
Violations of Procedural Guarantees 57
Responsibility to Ensure the Full Exercise of Human Rights and an Effective Remedy for Violations 57
Rehabilitation for and Compensation to Victims of Violations 59
International Standards on Police Actions and Use of Force 60
Federal Responsibility for Violations by State or Local Authorities 61
V. TORTURE AND EXTRAJUDICIAL EXECUTION INTAMAULIPAS STATE 63
Juan Lorenzo Rodríguez Osuna 63
José Alfredo Ponce Reyes 68
Erick Cárdenas Esqueda 72
The National Human Rights Commission in Tamaulipas 73
Police and torture 73
Medical exams 75
Prosecutors and torture 76
Additional cases documented by the CNDH 77
VI. TORTURE AND EXTRAJUDICIAL EXECUTION INOAXACA STATE 79
The Loxicha Region: Abuses in the Search for EPR Suspects 80
Illegal detention, forced confession, and torture 80
Extrajudicial execution 82
The National Human Rights Commission in Oaxaca 85
Additional Cases Documented by the CNDH 86
VII. “DISAPPEARANCES” AND THE JUSTICE SYSTEM 88
Alejandro Hodoyán 90
Fausto Soto Miller 94
“Disappearance” and the Failure of the Morelos State Justice System 97
The Suspected “Disappearance” of Verber, Verber, and Beltrán 100
VIII. IMPUNITY AND PUNISHMENT FOR HUMAN RIGHTS VIOLATIONS IN MEXICO 102
Shades of Justice 104
Overcoming Obstacles in Human Rights Cases 105
Cases Deemed Successful by the PGR 106
Cases Deemed Successful by the Foreign Ministry 110
Success and Failure in Two Cases Handled by NGOs 112
Human Rights Commission of the Federal District 114
IX. THE ROLE OF THE INTERNATIONAL COMMUNITY 116
United States Human Rights Policy Toward Mexico 117
Policies and assistance 117
Human rights concerns with U.S. assistance to Mexico 119
The European Union 120
The United Nations and the Organization of American States 122
Joel Solomon, research director for the Americas, researched and wrote this report, drawing on information gathered during fact-finding missions to Mexico City and the states of Baja California, Oaxaca, and Tamaulipas between September 1996 and June 1998. Deputy Director for the Americas Anne Manuel, Program Director Cynthia Brown, and Associate Counsel Joanne Mariner edited the manuscript. Human Rights Watch General Counsel Wilder Tayler and Americas division Director José Miguel Vivanco also reviewed the text. We are grateful to Human Rights Watch Americas division Advisory Board members Profs. Alejandro Garro and Paul Chevigny for providing valuable comments on this report. We also owe thanks to Prof. Herman Schwartz for his helpful comments on a very early draft. We are indebted to Víctor Brenes, Marisol López, Pilar Noriega, Digna Ochoa, and Salvador Tinajero, who kindly took the time to review the first three chapters of this report, and to Prof. Miguel Sarre, for his valuable observations on chapter three.
The author would particularly like to thank the many people, both victims and their family members, who shared their painful experiences during interviews. Their courage in the face of injustice animates this report.
Human Rights Watch gratefully recognizes the invaluable support of our Mexican colleagues. From the inception of this project in 1996, Mexican human rights groups have given important feedback on the scope and goals of the report. In addition, they aided tremendously in our field work, generously sharing their contacts, files, and expertise. We owe special thanks to the Reynosa, Tamaulipas-based Center for Border Studies and Promotion of Human Rights and the Tijuana, Baja California-based Binational Center for Human Rights. In Oaxaca, defense lawyer Israel Ochoa helped with cases. The following Mexico City-based groups, listed in alphabetical order, also provided crucial support: the “All Rights for All” Network of Civil Human Rights Organizations, Christian Action to Abolish Torture, the Fray Francisco de Vitoria Center for Human Rights, the Mexican Commission for the Defense and Promotion of Human Rights, and the Miguel Agustín Pro Juárez Center for Human Rights. In Washington, DC, the Center for Justice and International Law provided important feedback and case-related support.
We would also like to thank the many state and federal government officials who took the time to meet with and provide information to us.