Support families fighting torture in Mexico

On July 28, 2021, 27-year-old Carlos was having dinner at his home with his 41-year-old mother Griselda, who had just bathed when she saw a strange man standing at their door threatening them with a gun; was an operation with more than 7 vehicles and 50 police officers from the municipality of Villa Flores, Chiapas.

After threats and a blow to the head, they manage to subdue Carlos taking him into custody; on the other side of the room was his mother, Griselda, who was lying on the floor scared, frustrated and demanding an explanation of the arrest since there was no search warrant or arrest warrant. Among the threats Griselda suffered that day were lewd touches to her body that constitute sexual torture. Griselda suffered psychological trauma as a result of what happened.

Carlos is taken to the Fraylesca District Prosecutor's Office, to later be transferred to the Tuxtla Gutiérrez Prosecutor's Office, without his family being notified. Thanks to the insistence of his grandmother, Mrs. Concepción, they manage to see Carlos for 5 minutes, that's when they realize the attacks he suffered: a blow to the cheekbone, black eyes and a hole in his left foot approximately 2 cm wide diameter, which made it difficult to walk; all this as signs of torture.

Carlos' family decides to report what happened to the Human Rights Prosecutor's Office, the Anti-Corruption Prosecutor's Office, and the Chiapas State Prosecutor's Office for Relevant Affairs; The latter tells them that the case of sexual torture suffered by Griselda is not applicable, and they do not guarantee an investigation for her case.

A month after his arrest the case arrives at the Fray Bartolomé de Las Casas Human Rights Center (Frayba), which at first documents, noting that Carlos was a victim of arbitrary deprivation of liberty, accused without proof of the crime of damage to health in his modality of narco-retail. Frayba then requests the file and begins to send interventions for the obvious case of torture and serious violations of their human rights.

Five months later Carlos was released for the crime he was accused of, in the lapse of his release the Prosecutor’s Office issued a new investigation and issued a warrant of apprehension pointing him out as an accomplice to murder along with his cellmate. The prosecution took advantage of the circumstances and made them believe that they would sign their release form, but in reality it was a self-incriminating statement for this new crime, these statements were added to their investigation files.

Frayba’s investigation with Carlos' family indicates that the victim is not known and that the statements of alleged witnesses were falsified. The Prosecutor observes these interventions and unexpectedly put together a new statement, which is from a deceased man. With the above, the bad practices of the Prosecutor’s Office are visible, skipping all procedures.

Since Carlos' case arrived at the gates of Frayba, the team of lawyers and human rights defenders has provided him with accompaniment and legal advice, working together with his public defender so that his case has access to a timely defense; in addition to promoting and strengthening his family as human rights defenders, seeking that they have the knowledge and tools to be able to follow up on this fact of injustice, That is why they have joined the organization of United Families Against Torture and for Human Rights, which we also accompany.

In this sense, it is that from the Frayba we demand a precise investigation, that he is not denied his right to access to justice; and his immediate release for falsification of evidence and falsification of testimony committed by the Prosecutor’s Office.

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• Visit our website and learn more about our history

In October 2020, the agreement between the Secretary of National Defense (SEDENA) of Mexico, and state and municipal authorities was announced;where it determined the construction of military complex in the municipality of Chilón, Chiapas.

On October 15 of that same year, the Tseltal Mayan people of Chilón exercised their right to peaceful protest against the construction of the complex; The government's response was the deployment of 300 elements that belonged to different local and national public entities; This not only violated their right to defend their land and territory or their constitutional right as an indigenous people and community to self-determination and autonomy, but also, through the excessive use of violence, their human rights were severely repressed.

As a result of this repression, several people were injured, in addition to the arbitrary detention of José and César who, after a sequence of violence and torture, were taken to the Ocosingo court;and it´s here that they went from being community defenders to being accused of the crime of mutiny.

After the illegal detention, torture and the indictment, they were released on bail, under the obigation to present themselves every 15 days in front of the court and restricted to going beyond the municipalities of Chilón and Ocosingo. Three months later, in March 2021, a judge from the State of Chiapas dismissed the arguments of human rights violations and torture, admitting evidence obtained with rights violations. These public entities maintained that the injuries that César and José presented had been self-inflicted.

18 months have passed since the indigenous community of Chilón raised their voice, who already live the ravages of a system that discriminates against them and a State that ignores them; 18 months have passed since the arbitrary detention, torture, irregularities in their process, and an unjust but possible conviction for Cesar and José, 18 months living in fear and uncertainty.

We walk with the united Tzeltal people of Chilón and their demands for the release and acquittal of Cesar and José, we demand the non-criminalization of human rights defenders;and the stop to the strategy of militarization of the territories of indigenous peoples, such as the National Guard complex in the municipality of Chilón.

Links:

• Tsetal people of Chilon: we are defending our Mother Earth and o
• Cesar and Jose Luis Community defenders criminalized for defend