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Letter soliciting the intervention of the President of the National Commission of Human rights

Oaxaca, Oax., December 2 of 2003
Subject: Intervention is asked for


C. Dr JOSE LUIS SOBERANES
PRESIDENT OF THE C.N.D.H.
MEXICO, D.F.
P R And S And N YOU.

Those that we subscribed, members of the organizing meeting of Popular the indigenous Council of Oaxaca "Ricardo Flowers Magon" CIPO-RFM, with address to receive notifications in the street of Emilio Carranza 210, Bright Sta. of the Way, Oaxaca, with all attention we allowed ourselves to inform to you that the members of ours organizacion, as communities or people constantly are harassed, threatened of death, is tried to assassinate them and in several cases have killed them without justice becomes.

Between all these cases it emphasizes the one of our brother Mixteco Raul Gatica, who has been representing of ours organizacion in the position of General Coordinator, also of being poet, (with state and national recognitions) professor, defender of the human rights and the indigenous towns, if like promoter and founder of diverse organizations of Human rights, ecologicas, social and civil, being at the moment outstanding member of ours organizacion.

Our brother by his social activity and in defense of the human rights has undergone much violence, and the its children: attacks at hands of the governments, the paramilitary policia, groups and of being able in the state. It has multiple wounded in all the body, of but the well-known ones: a shot in the right side of estomago, 2 fractured ribs, a disc of the affected spine, labels injured left and a permanent scar in the superior lip. It has been jailed arbitrarily 12 times, in haltings that go of the 2 days until the 4 months, defendant of resistance to the authority, injuries, dano in other people's property, robbery, criminal association, riot, blockade to ways of communication, etc..

Also missing and it was tortured during a day, the 18 of April of 1998, during the period of governor Diodoro Carrasco Altamirano, and although the National Commission of Human rights, CNDH, emitted recommendation 26/99, never punishment really to the people in charge of the fact.
Our brother it is constantly blamed to him to be integral of the groups armed that operate in pais, already of the EZLN, ERPI, EPR, etc. But from May of 2003 the government of Jose Murat has increased the persecution towards, via harassment, threats of death, attempts of murder, etc., having used so much the average police fisicos and like psychological and morals. This situation I force to us to maintain it hidden for its security, because multiple evidences make us suppose that they try to assassinate it.

Previous the general description tries to give one him vision general of which it has undergone and it undergoes our brother and, for greater detail we expose the following thing to him:
1. - In 1983, when it participated in Unidad Popular TlaxiHerena (UPT), the state preventive police and the judicial one agreden it, next to other people, during a protest in front of government palace of Oaxaca. Governor Pedro Vasquez Colmenares habia ordered the evacuation of those who protestabamos.
2. - The 9 of April of 1985, being integral of Unidad Popular Mixteca (UPM) the state police detached in Tlaxiaco agrede and stops because it was coordinating a march caravan to the City of Oaxaca. From these dates they are dictated to him you order of apprehension by infinite of crimes that never has committed: kidnapping, abuses in other people's property, robbery, injuries, riot, criminal association, etc., that single the social protest of the organizations has allowed him to follow in freedom.
3. - In 1986, during the carnival of March, in Putla of Guerrero, Oax., gunmen to the service of Melchor Alonso they try to kill it, because Drip jar coordinated the land reclamation in National Union. From this situation are 5 members of the assassinated UPM and Raul Gatica is with rozon of bullet in the left side from estomago. The earth finely were gained because demonstrate that the farmers were the duenos legitimos.
4. - The 18 of October of 1986, the night previous to the arrival of governor Heladio Ramirez Lopez to Tlaxiaco, Oax., a patrol of the judicial police of the state, accompanied by casique local, Hildebrto Lopez, known like millon, stop to our brother next to other 6 members of the UPM. Since to strike them and to wash them with water fria, throws them to cuerto that it works of cell within the Municipal Audience. The temperature of Tlaxiaco in those dates is of until less 5 degrees.
5. - The 17 of May of 1987 in Putla of Guerrero assault it and harass different police bodies, Still like of municipal president Mauro Arming Safe. The expression of the violence against is 2, attempt of murder that commits to the height of the denominated place "Field to him of Aviacion". The reason is because it coordinates the land reclamation in the Field of Aviacion. The earth are gained later.
6. - The 13 of December of 1987 by 3, occasion try to assassinate it in the Level community of Great Zacatepec, Putla. One identifies like authors to gunmen of the caciques and talamontes of the place. The cause is to organize the defense of the forests and to prevent the clandestine wood extraction.
7. - The 3 of June of 1988, due to their communitarian participation in Tlaxiaco, during the electoral effervescence against the PRI, the state police stop it when leaving an assembly. It is accused of abuses in property other people's and stopped by such crimes. Since is released to two weeks because the prosecutors never appeared and the accusation never existio.
8. - The 23 of March of 1989, due to its position like union representative of the Baccalaureate Pedagogico de Etla, Oax., the judicial police of the state stops it on the street of Suarez Pine, Oaxaca center, defendant on attempt of robbery and injuries. Of immediate it is transferred to the separate of the Red Cross and incomunica him. He is released thanks to that he manages to shout and a person warns her companeros, that Since like students, family parents and workers exert pressure.
9. - The 27 of January of 1990, indigenous of the Popular Unit Mixteca are evacuated by police and PRI members of the Regional Delegation of Government in Putla, when it was protested against Mr. Maceda, regional delegate of government. The balance was of 10 wounded, among them Raul Gatica with that the anger police and Since remitio to jail.
10. - The 9 of July of 1991, integral of the committee de Defensa of the Rights of the Town, CODEP, organizacion of which is representing Raul Gatica, are evacuated of the municipal palace of Putla by the preventive policia. The crime was the exigency of which the abuses of the municipal authorities stopped. There are 13 prisoners, among them Raul Gatica.
11. - the 9 of February of 1992, a day before the arrival of governor Diodoro Carrasco Altamirano to Putla, the house where vivia is balaceada. The investigations never were made although several neighbors of the place saw that the judicial police I make firings with direction of its house.
12. - Of the 19 of April to the 30 of November of 1993, it is harassed to him in his address with firings of anonimos, firearm, dot in the population and church, where they involve to parroco Jorge Perez Garcia saying: "OUTSIDE RAUL GATICA And The PRIEST COMMUNIST DEMON" RAUL GATICA, ALREADY I LOAD The CHINGADA To YOU ". Also a call is made I publish, with loudspeakers, to the population so that they expel it from the Normal School Experimental "Lazaro Cardenas" where it worked. All this is headed by President Municipal and the district of the PRI, Jose Solano, but known delegate as "Che spins a top". One also adds a radiofonica and journalist bell of calumny and lynching.
13. - 2 of January of 1994, when leaving their weekly program of radio, in the powerful one, right in the center of Putla of Guerrero are stopped by the municipal police of the place. It is struck and again the mobilization of students, parents of family, professors and citizenry in general, who in hours mobilize themselves multitudinal, obtains that Raul Gatica obtains its freedom Since of one week of unjust confinement.
14. - During the rest of year 1994 and until 1995, it is watched permanently. The police follows it all the places where it attends: work, the premises of organizacion, communities, union, etc., their smaller children are interrogated in diverse occasions.
15. - The 17 of Julio of 1995, are object of a massive hand aggression of near 200 PRI members when exits of the Regional Delegation of Government, place where the CODEP would sustain tables of work with the state government to find solution to communitarian demands. The president and ex- president municipal that directed the aggression were: Salvador Branches Salazar and Rogelio Sanchez Cross. Raul Gatica I am with two ribs fractured and diverse injuries in all the body.
16. - From the 26 of August of 1996, in the occasion of the appearance of the EPR in Tlaxiaco, Oax., the persecution of diverse police bodies against Raul Gatica begins. The government of Diodoro compels Carrasco in tying it with the armed groups. I exercise, the federal judicial police and state they smooth its address where al not to find interrogates it of violent way to their familiar breast and demas, including a 4 girl of and a boy of 5 years, nephews of Raul Gatica. Via is harassed to him mass media: radio and presses basicamente, tying it with diverse guerrilla organizations. In this period it is when but penal processes get rid to him.
17. - In June 3 of 1997, in front of the municipal palace of Putla of Guerrero, the Judicial police stops it accusing it of robbery of vehiculo. The spontaneous intervention of hundreds of citizens, the secretary and municipal president of the place obtains its liberation hours Since. Later the investigation throws that not exists such crime.
18. - 11 of December of 1997, is prisoner, without apprehension order, by the municipal policia, along with Maximino Lopez Lopez in the shores of river Atoyac, Oaxaca. The reason is that seems suspicious to take to putting one chamarra green olive tree. It is injured in the face because it is struck and they apply lacrimogenos gases to him to the being transferred to jail located to a flank of the Church of the Solitude.
19. - 18 of April of 1998, in Tuxtepec, Oax., being already coordinating general of Popular the indigenous Council of Oaxaca "Ricardo Flores Magon" CIPO-RFM, are stopped without order by prehension and with luxury of violence by the preventive police of the state, judicial state and federal, also of members of I exercise and national security. The halting is next to 70 people but. He is separated of other stopped and disappeared by 24 hours to be tortured psychological and physicalmente. The torture leaves two fractured ribs him, injured the spine and the left knee, also of the psicologicos abuses caused by the murder maneuvers. (FILE no. CNDH/122/98/OAX/2167, that in the end was translated in recommendation 26/99.)
20. - During the permanence in jail of Ixcotel, Oaxaca: of the 20 of April to the 13 of August of 1998, in spite of his injuries, it is located to him later in cells of high danger and, by to have made a meeting in jail, commanded during 29 days to cell of punishment, the call "bull".
21. - From the 1 to the 22 of 1998 July it makes hunger strike to ask for the freedom of 4 of his companeros. During the same one it is harassed by the director of the penitentiary, guards and prisoners of the cell # 15, populated by prisoners who before have been policias.
22. - 29 of January of 1999, in the city of Oaxaca, Oax., stop to him for a moment,
but the existence of I mistake tecnico, when being the order of apprehension to name of Luis Raul Gatica Baptist, and the efficient defense of the lawyers causes that it leaves immediately.
23. - The 15 of April of 2000, to a block of his house in San Isidro Nuns, a group of people tries to assassinate it next to his son INTI GATICA being been both hurt lesionandos with of 7 and 12 centimetros in the head. One of the aggressors was identified totally and the later investigation demonstrate that was Arming Arguelles Arrazola, judicial police del been and member of the located mixed operational base in Loxicha, in agreement is denounced in the AV. PREV. 682/PJ/2000 and complains the same date. To Elfego Canseco Arguelles and Miguel Arguelles Palaces, also indentificados in the investigations, they imposed un month to them of prison! That it was replaced by the amount of $294,30 pesos. The amount of $817,50 pesos by repair of the dano. To date the police follows in active-duty. The previous thing is established in penal cause 05/2001 of the Court Sixth of the Penitentiary in the city of Oaxaca.
24. - The 19 of 2001 July, to the height of San Miguel Sochixtepec, Miahuatlan, Oax., return to try to assassinate it unknown people along with when it traveled on board of one suburban red, 3 members but of ours organizacion. The facts were denounced opportunely in Previous Inquiry 242/2001 without to date it has occurred with the guilty nor know the results of the investigation.
25. - 2002, 26 of February: it appears underneath the door of the house of the CIPO-RFM, in street Emilio Carranza 210, Bright Sta. of the Way, Oaxaca, a document sealed by the municipal authority of Tanetze de Zaragoza, threatening that Raul hung, embarretado and buried sera Gatica alive.
26. - 6 and 7 of March of 2002: Jacobo Chavez and its paramilitary group, in the radio, TV and newspaper return to threaten of death our companero.
27. - 12, 13 and 14 of March of 2002, via telefonica return to menace him but now it includes Reyna Perez Hernandez, as it settles down in the denunciation: (AV. PREV. 52(FM)/2002). There are no results either on the matter.
28. - 21 of Julio of 2002, in the Crucesita Huatulco, while it made an assembly of the CIPO-RFM, is along with stopped 5 members but of organizacion. In the halting they participate the preventive and judicial police of the state; the federal, sailors and until firemen, who with violence luxury, without order of apprehension and accuse me of despoliation send me jail of the place.
29. - The 28 of Julio of 2002, in the denominated place "the Dining room", of the municipality of San Miguel Aloapam, paramilitary directed by President Municipal of the mentioned municipality, Conrado Garcia Cross along with place in ambush to our companero Fernando Torija, Carmen Perez and Janet Hernandez, with the clear intention to assassinate it, as it needs in the penal denunciation before the PJE of date 28 of Julio and in the complaint before human rights: CEDH/737/(08)/OAX/2002. Our brother tapeworm two days of assembly in the community.
30. - The 4 of March of 2003, in the offices of the Federal Agency of Investigations, when leaving to make a declaration against the paramilitary ones, without apprehension order are tried to him to stop. We know that they follow processes to him 365/SC/1993, 292/PG/1994, 300/VT/1994, 301/VT/1994, 4040/SC/1996, 35/TEP/1998 and 216/PG/1999 of the common law and 3 of the federal law.
31. - Presumably the 23 of May of 2003 at night not known entered their house, we deduce that tie with the Government and groups of being able in the State reason why they did not rob anything and single they destroyed. Sabado then the 24 of the same month and year when encontro occurred to account its books, casetes, clothes and demas destroyed documents, and were the careful to order some magazines process where she appears a person being shot, other than speaks on the Plan Puebla Panama underneath a black parasol and a book of the fight farmer of Guerrero and Oaxaca. As far as foods, they opened the canning and they sprinkled them of fluorescent orange painting like milk. They threw the bed clothes and to dress on you hoist and the ceiling of the house; fotografias where Raul Gatica appears were broken and on the bed placed fotografias of dead fish; they broke both telefonos; they left excrements human in rechambers it, two messages of its son Inti Xinemi Gatica Martinez, who also has been harassed, attacked and jailed several times; the interior of the refrigerator, the cups, plates and spoons painted with fluorescent aerosol color orange, the mirror, the cup of the bathroom and a wall. We gave warning to the General Procuraduria of Justice of the State, nevertheless this took part Since of many hours. Av. Prev. N. 413/CDA/2003.

Day 25 of May, while limpiabamos the house of the destructions, we discovered in the floor, underneath all the things of the room, a skull of approximately 80 centimetros by a meter with the name of RAUL and in the floor of it rechambers it, underneath the things, a cross of 60 centimetros by a meter approximately, that decia:
THESE DEAD. Into this I inquire to the Procuraduria de Justicia into the State and pidio the arrival into experts but they said that they do not podian to go. We filmed it and we erased Since.
The unico that the "thieves" took was documents of organizacion (decisive of the assembly of the celebrated CIPO-RFM from the 10 to the 14 of April of year 2003), the effective passport and its birth certificate, a directory of contacts and several disket of 3. and CD with diverse information. $ 879,00 not even took ningun object from value that were at sight.
Day 26 of May we went to extend the denunciation in relation and we realized that the ocular inspection report practiced tapeworm many and important absences.
At the moment at which descubrio the happened thing, telefonicamente we informed to the State Commission of Human rights on it, nevertheless did not respond to our call. The 26 of May we appeared to the Commission where they informed to us that they do not habian initiate no complaint because they only habian received a telefonica call on the matter and they requested to us that the complaint the presentaramos by means of writing, violating with such criterion established in the Law and the Internal procedures of the same Commission. I appear a writing day 26 of May where one occurred to know the facts, nevertheless as precise it were not directed specifically to the President of the Commission did not give him transacts necessary. Day 27 we presented/displayed the writing as they asked for it, at the same time annexing a videotape with Images of the state in which was my house.
The State Commission of Human rights I comment us that podia not to take measures with the Procuraduria in relation to previous inquiry N. 413/CDA/2003 where is had denounced these facts until in as much the 3 months passed that the Law marks we clarified to Them that Previous Inquiry 52(F.M.)2002 exists in procuraduria where the threats done to the companero RAUL GATICA and REYNA PEREZ were denounced and that has passed in excess I finish for them act and they have not done it. All these facts build in file N. CEDH/CA/236/01/OAX/2002.
The 2 of June, at night, we communicated to the Commission so that they informed to us into the advances that our complaint has; and Since to insist says, to Lawyer Car it Magno Perez Branches to us, that I take root with I number 590/2003 and which us requirio, without they have notified to us, so that we mention with all precision the name of the civil employees implied in the facts that reason gave to the complaint. Information every time did not occur but Mr. Solicitor has not given answer to the solicitd thing by the Commission. To grief that has been insisted so that to our brother they are granted to him measures you will never prevent has become.

32. - 18 of 2003 July, near the source that this located in the Tree-lined avenue of Leon of the city of Oaxaca, in the occasion of the mobilization of several social organizations, 2 people began it to senalar, one dress of police and another one with cap species of pasamontanas, I rise the sweater shirt and coat a firearm and I am outlined towards Raul Gatica, reason why corrio to where was people and denouncement publicamente what happened. Reyna Perez, Elizabeth Perez and Paschal Ricardo persecuted these person to film them but they could not reach them in virtue that cycled and they went away. Last it has been seen these individuals like part of the special forces of the state, mounted in a white motorcycle. These facts were denounced to the General Procuraduria of State the same day and consist in previous inquiry 6266/SC/2003.
33. - 17 of October of 2003, during the stay in a long wait that the CIPO-RFM we have installed in front of government palace, a pair of people between 20 and 22 years approached when it was on the verge of approaching vehicle and, with the pretext to request to him that it was in the service to them of taxi, tried to remove something of their clothes, that pudireon not to make because moments before our comrades surrounded and them to them preguntaon that querian with me, then both individual ran and we could not detenener to them. The detail was that these individuals before habian state from hours in a corner and they are not habian approached until our brother Raul Gatica I appear.
34. - In month of October of 2003, in dates that later we will need, Miguel To Cuellar Eyrie, adviser personal of governor Jose Murat, occasion in Oaxaca and again in D.F.le lets to know, to our brother via telefonica, that the things are very tense with, which the best thing is than it retires with the family, who this worried because if commanded To stop Toimil is because there is much annoyance in the government against, which is important to know when one must retire by health. Miguel To express Cuellar that all decia like friend and who not goes to denounce it. In the first occasion they listened to by interfon Cesar Chavez and Crisostomo Perez Cross and in the second Daisy Garcia Garcia.
35. - Combined previous the government of the state of Oaxaca a bell of average calumnar has implemented and to discredit to the CIPO-RFM, particularly to our companero, like occur with the defamation published through newspaper of national circulation the Day day 20 of June of 2003, where the coordinator of social communication of the government of the state Carlos Velasco, affirms that RAUL GATICA recibio on the part of the local and federal administration the amount of $2, 805.583 00, with I animate to put it to the scorn of the people. As the previous thing is false and as much defames the honor of organizacion as of our companero, denouncement before the General Procuraduria of Justice of the State and registry under previous inquiry 1118/PJE/2003 without until the moment the author of the calumny is presented/displayed to prove such affirmation. These false assertions have been rertomadas by local newspapers, broadcasters and television transmitters to despretigiar and to offend our brother.
All the days leave notes that agreden, defame as much and slander to the CIPO-RFM in periodic, radio and television, where the center of the aggressions is Raul Gatica, arriving at such degree the aggression that in individual unfolded, of flat it completes, paid by the great companies of Oaxaca, asks the government of the state my halting. Vgr. June of 2002 and 11 of September of 2003.
36. - Day 20 of November of 2003, while intelligence documents repartian, two members of the CIPO-RFM, to the height of the street independence were intercepted two people dressed civilian, fornidas and haircut military type, that asked for the whereabouts of Raul Gatica and when answering that they do not sabian, the two persons in threatening form let them know that although our brother hid they already habian decided to kill it. This also we denounced it.
37. - Another form of fright is the fact that the competent authorities as the Agents of the Ministry I publish, General Solicitor of Justice of the State, Secretary of Government of the State and the own Governor, do not act in the sphere of their competition to clarify the facts where the risk is put the life of our brother. This makes suppose that the orquestadores the aggressions are the civil employees of first level of the state, but because, when we do the senalamiento to them as responsible for these facts resort to the threat of which the representatives of the CIPO-RFM we have several you order of apprehension, as much of the law local as federal, and which if we insisted on declaring against of the government we rely on the consequences. We have because the founded fear of which at any time they can injure, stop, disappear and to even assassinate our brother Raul Gatica.
All previous knowledge is of of Commission National of Human rights, who extranamente when the complaints appear to him, without but, sends it to the State Commission of Human rights of Oaxaca to that allude like the competent one, even though in these facts are involved members of I exercise and National Security, we have argued verbally before the CNDH that can interveni because we have complained the attention of the state commission and because also the related thing to defenders of human rights, as it is the case of Raul Gatica, is of national competition.
Before this situation to you we solicitd:
a) Here takes us by made our complaint by the irregularities of the CEDHO in relation to the mentioned cases and it attracts to give them him pursuit in this national instance.
b) Otorgue measured you will prevent for our brother Raul Gatica and his family, in order to guarantee its life and integral health.
c) of pursuit to the two recommendations that in relation to the CIPO-RFM has the government of the state, the 26/1999 and the 15/2002, first into the CNDH and second of the CEDHO, Still like inquires us into the related one to the 16/2002 of the CEDHO that says exists but we do not know.

Kindly.
By the reconstruction and it frees association of the towns
By the organizdora meeting of the CIPO-RFM

DOLORES VILLALOBOS C.
LEONOR HEREDIA MARIN

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