FIRST CARAVAN OF OBSERVATION OF the RIGHTS OF the INDIAN TOWNS and BY the FREEDOM OF PRISONERS Politicall and OF CONSCIENCE OF OAXACA 24, 25 and 26 of October of the 2003ORGANIZATIONS And STATES THAT PARTICIPARONEN The OBSERVATION: Movement by La Paz SNTE - CNTE Section 18 Franciscana Family Channel Six of July SERPAJ Independent people 1. - Description of the community the community of Santa Maria Yaviche belongs to the municipality of Tanetze de Zaragoza, High district of Villa, Region North Mountain range of Oaxaca. The 2000 census registers 1.855 inhabitants in the municipality, of which around 600 they belong to Yaviche. This to 5 hours of the city of Oaxaca, two of them journeying by a way of terraceria. Its economica activity is agricola, cradle in the production of cafe and fruits like orange, avocado, nispero, zapote, pina, etc. Also they seed grey hair of azucar to of course produce panela and, corn and frijol. The region of the Mountain range where is based the community of Yaviche has gold mines, silver and mica that were operated in the century XVI and that in the days of independence was left. In 1973 when beginning the procedure of recognition and degree of community goods in the Secretary of the Agrarian Reformation and I finish in January of the year 2000 with the execution of the presidential resolution and conformation of the basica folder. In this same year the community decides to happen to comprise of Popular the indigenous Council of Oaxaca Ricardo Flores Magon (CIPO-RFM). Little Since emitio the Communal Statute in that the conditions settle down to be comunero and the reasons by which this character can be lost. It is with base in the stipulated thing in this regulation and in exercise of his attributions like indigenous community it is that the life in Yaviche is developed. From always the Municipal head of Tanetze de Zaragoza, it has maintained subjugated to the community of Santa Maria Yaviche without providing the resources to them for his development; denying justice, the Political participation to him, blocking social programs to him, and preventing its process of organizacion autonoma. The Government of the state has favored this situation when neglecting the multiple complaints that the Agency of Santa Maria Yaviche has presented/displayed against the authorities of the Municipal head. From which Yaviche declares autonoma the authorities of Tanetze de Zaragoza have increased the repression against them. 2. - Antecedents The communication necessities took to the creation of the Cooperative Society of Transports United Towns of the Corner S.C.L. in 1982, that habria to cross recien open way of San Juan Juquila Vijanos to San Juan Yaee. Cooperative happiness was formed with an accumulated initial capital with the contributions of $2.000 (two thousand pesos m.n.) done by the citizens of the communities of Juquila Vijanos, San Isidro the Reformation, Tanetze de Zaragoza, Santa Maria Yaviche, Santiago Yagallo, Santa Maria Lachichina, San Juan Yaee and San Miguel Yotao. From its birth the cooperative is opposed by Jacobo Chavez and some followers, who favor the entrance of compania of compadre his. In 1999 Jacobo Chavez it falsely accuses of embezzlement of bottoms and lack of transparency to the advice of administration of the cooperative. In the 2000 Jacobo Chavez it heads to Tanetze, Cacalotepec and Yotao to demand the return of the initial cooperation of $2.000 that with interests of 18 years, threw the amount of 2 million 560 thousand pesos, amount that, of being covered, towards nonviable to the cooperative. The 15 of August of the year 2000 members of the communities plaintiffs retain two buses of the cooperative, one in Cacalotepec and another one in Juquila Vijanos. To the following year, Jacobo Chavez becomes municipal treasurer of Tanetze and Leobardo Chavez in its informant. The 30 of January of 2001, five months Since of retained the buses, and to prevent that they were used by Jacobo Chavez, the members of the cooperative lift two blockades in the way around Tanetze. In two occasions the PJE runs by the force the blockade in San Isidro the Reformation. During the rest of year 2001 there are no agreements nor they work the cooperative. Single a denunciation exists before the raised CEDH the 18 of December of 2001 by Leobardo Chavez and other 26 people against the authorities of Yaviche by individual violations to his garantias in relation with the blockade of the way. Days 22 and 23 of December of the 2001 the members of the cooperative and the CIPO-FM with governor Jose Murat are reunen and decide that the 1 January of the 2002 volvera to work the cooperative. But the 1. from January it took possession of the position of municipal President of Tanetze, Jacobo Chavez, that to the 6:30 p.m. approximately I organize a blockade in the way crossing an ambulance to stop the bus at the time of happening through this population. The members of the CIPO were lowered with violence luxury, using lacrimogenos woods, arms and gases. In a warehouse of Tanetze they were left the 46 members of the CIPO lengthy that traveled in vehiculos sayings, all of them inhabitants of Yaviche, Yagallo and the Reformation. Later Jacobo ordenaria Chavez that five of the prisoners were transferred to Yotao and four but to Cacalotepec, where they serian locked up. During the first hours of the halting they were mistreated, humiliated and threatened repeatedly, in individual by the same Jacobo Chavez, as it consists in the recommendation of CEDHO 15/2002 The payment of its liberation was guaranteed by a visitador of the Procuraduria de Justicia of the State, Erick Alberto Velasquez Eras, and the Regional Delegate of Government by the North Mountain range, Mauro Francisco Mendez, with the complicity of the Agent of the Ministry I publish of Talea de Castro, Alexander Javier Rodriguez. The terminos of the rescue were seated in writing, in a document signed by the kidnapped ones in quality of "representatives" of their communities (what they were not) and legalized with seal and company/signature by the authorities of the three municipalities involved in the kidnapping. The representatives of the state government also sign the document. The document does not contain seals of the communities of kidnapped nor the company/signature of its authorities. In that document one commits the kidnapped ones to give the keys of the retained bus and one week is granted to them to bring the other bus along with the invoices of both vehiculos. One does not mention the original contributions and its interests. Finally they are released around 2:00am of the 6 of January and they are transferred to its communities in the unica light truck that could make work. Before this situation, the CEDH emits the recommendation 15/2002 in which it orders to the General Procuraduria of State to exercise criminal action against Jacobo Chavez Tinder and of demas members of the town hall of the municipality of Tanetze, the municipal president of Yotao and the agent of Cacalotepec, because the previous inquiries in his con were congealed in spite of being properly integrated from 90 days before. On the other hand, although the CEDH describes like illegal the behavior as the visitador as the Judicial Procuraduria as the State Erik Alberto conditional Velasquez Eras to have the freedom of the kidnapped ones to the company/signature of the agreement, exempts it of the recommendation. But even, it is promoted to the position of Assistant attorney general of Previous Inquiries and Consigments like the then delegate of government, Mauro Francisco Mendez, who was awarded with the position of Undersecretary of indigenouss subjects, positions that both hold today in day. He was asi as in June one stops to Jacobo Chavez(1), accused of abuse of office and injury, but not of kidnapping. For that reason the same day leaves frees with a guarantee of $45.000 pesos, although Since remains imprisoned during nine months. Since the Congress of the state declares the disappearance of powers in the municipality of Tanetze. During the time in which it was lengthy Jacobo Chavez knows another famous criminal: lider of the Working Regional Council, Urban Farmer and of Tuxtepec (CROCUT), Stopping Toimil Roberts. For that reason in December of 2002 the population of Tanetze is united officially to the CROCUT. Continuous Tanetze to date divided between a temporary administrator named by the Congress, the followers of the dismissed Jacobo Chavez, who carried out elections and named to Martinez Takings as municipal president and by I complete the people who do not participate in any of sides. From the 2002 to October of the 2003, a wave of repression against the community of Santa Maria Yaviche has come, particularly to the municipal and communal and representing authorities of the CIPO in the community, as they prove the different penal processes: PREVIOUS INQUIRY NUM. 1643/SC/2003, 06 /2003, 2539/S.C./2003, 21/2003, 10070/CS/2002, 329/ FM/ 2002 and the 70/2003 and complaints of the CEDH: CEDH/01/27/OAX/2002, CEDH/885/08/OAX/2001. Facts of the 16 of October of the 2003 In February of the 2003, Leobardo Chavez and Eustorgio Ruiz they got to break the padlocks whereupon they are habian closed the houses that belonged to them before before being expelled from the community a month by decision of the communitarian assembly. In that occasion they were stopped and given to personnel of CEDH(2). At night of the 15 of October of the 2003, they returned to the community of Yaviche both subject expelled. To Leobardo habia expelled the assembly to act as informant of Jacobo Chavez and to lend themselves to present/display false denunciations against the authorities and neighbors of Yaviche, whereas to Eustorgio I expel the assembly to leave the position of monitoring advice. To Eustorgio him ofrecio to cover its social service with a position of minor jerarquia, greater of twig, but it rejection. Since him ofrecio the one of policia, but either acceptance. By I complete pidio to pay the position to him with a fine of 10.000 pesos, as it stipulates the communal Statute, amount that his father accedio to pay but that Eustorgio did not want to cover. In this occasion they went again to such immovable. Once ahi broke you marinate positions by the communal authority instead of the padlocks and penetrated. But late, near the average night, knowledgeable of which the authorities even debian to be in the Palace of government, they went ahi armed of knives to demand the return of its houses and their properties, which habian retired - when not doing it they themselves like habia requested to them and placed in one of the warehouses of the same municipal agency. When feeling intimidated by its threatening attitude the agent and the town clerk they decide to lock in itself in the office. As it continued the aggression of both subject, the secretary makes sound the alarm, with which commonly he is called to the citizens of Yaviche. When arriving some from these, the authorities leave and a discussion between all settles down. The expelled ones argue that segun the law cannot be expelled from their homes. The authorities, recognizing tacitamente the character subordinated of its own ones you order as opposed to those of the judicial power, argue as well that if they bring a document in where the government demands to the authorities of the agency the return of the addresses, then immediately them reinstalara in them. The expelled ones argued that in the manana they presentarian the necessary documentation and that if querian they podian to lock up them of once. As no of the parts modifies its position, around 2:00am the decision is taken to lock up them until the following manana, when Leobardo and Eustorgio presentarian their tests and when the rest of the community was already present. The preparations for the assembly initiated to 9:00am, shortly before that Health brigades arrived at the community, where habian mentioned to the women 11:00am. Both events are realizarian in front of in the esplanade the municipal agency. Around from 10:30am the town clerk, receives a call anonima in which they warn of the arrival of a armed group del to him CROCUT sent by Jacobo Chavez. Little Since was known that a white bus and a red light truck Nissan type are habian parked to the outskirts of the town, in the high part of the unico way that leads to the municipal building. Around 11:00am by that way it was seen appear a group of around 50 subjects, some armed with pistols, rifles and machetes like the children of the prisoners: Hector Chavez and Equidel Ruiz, and headed all by lider of the CROCUT: To stop Toimil. When passing by the telefonica house that is to 150m of the center of the town, they found town clerk Melesio Canseco and to Simon Yllescas, that pedian support by I telephone, next to Eleuterio Branches, that managed to take some photos from the aggression. When recognizing them they captured them and they began to jalonear them. They threatened taking them like hostages until Tanetze. Some neighbors began to shout and to even throw woods to them to the invaders. At the same time the reunited ones in front of the municipal building began Go up the way to see that it was. The invaders began to make firings to the air, with intention to intimidate to those who came near but these do not retrocedian. They loosen to the hostages and they began to back down, but then the firings let be to the air and began to fall the people: dead Bartolome CHAVEZ ROOMS and hurt Francisco has left FLOWERS APPLE TREE that presents/displays 7 impacts of bullet: 4 in estomago and 3 in the legs, Onofre APPLE TREE TINDER with a bullet in the leg, Noe HERRERA BRANCHES, with two impacts of bullet in the foot, Octavia TINDER FLOWERS with a shot in the knee, Asiel BRANCHES with a shot in the knee, Anselmo PEREZ with a Shot in the Arm. Eliseo MARQUEZ that an impact of bullet to the height of Rodilla has, Simon TINDER APPLE TREE with a shot in the shoulder and the leg and Arnulfo MARQUEZ with a shot in the shoulder and another one in the arm. All the wounds were caused with bullets calibrates 16 (3), two of gravity. The people of the community profit to recognize and fotografio (4) the aggressors among them To stop TOIMIL, even to lider of organizacion CROCUT, HERNAN CHAVEZ MARTINEZ, ERICK CHAVEZ MARTINEZ, LINEN FILIBERTO TINDER, EQUIDEL RUIZ CROSS, HECTOR CHAVEZ MARTINEZ, ELIAS CHAVEZ TINDER, VICTORINO ROOMS, among other members of the CROCUT. Bartolome Chavez Rooms, that tried to arrive at their house by a short cut, because temia by the life of its wife. Same Ahi recibio escopetazo in a leg and already thrown, recibio several blows of machete of hands Filiberto Linen Tinder, of which moriria before being found. To the wounded were denied them first aid, in the units Medicas de Ixtlan de Juarez, in the Civil hospital of Oaxaca and the one of San Pablo Hustepec, reason why they were taken care of in a private clinica "Clinica 2002". Around 6:00pm elements arrived from the preventive policia of the state. Both stopped they were given to the agent of the Ministry I publish of Ixtlan de Juarez, who I appear shortly before for the rise of cadaver that the policia. Both subjects were accused by the MP as presumed people in charge of threats in offense of the agent municipal.(5) For the MP, demas done did not exist, although the same municipal agent and other witnesses accused them to be intellectual authors of the aggression. The son of Bartolome Chavez, Aurelio Chavez, says to have recognized Jacobo Chavez between the attackers. Ademas of the previous thing, the CEDH emits recommendation 16/2003 in answer to the complaint interposed by the wife of Leobardo Chavez and mother of Hector Chavez, Matilde Martinez, in which the CEDH makes responsible to the municipal agent of Yaviche by the battles conducted against Leobardo. This without considering that Leobardo was suspended in its communal rights, reason why the authority responsible (if there were it) serious the Commissariat for community goods and not the municipal agent. 9 days of happened the facts the Caravan of Observation I visit the community finding an atmosphere of tension in the ninos, old and women and the presence of three bodies of policia (policeman, municipal protection), that in his mayoria were located in the center of Santa Maria, specially in the school, the church and in the pantheon. the climate that prevails is of fear and sinks because the paramilitary ones Continuing shooting to the houses and approximately 50 paramilitary ones have blocked the entrances of the population. People could be aware that of the community of Tanertze de Zaragoza she was listened to announcements by apparatus of sound of voices in zapoteco, announced: that they volverian to enter the people of the CROCUT to kill them to all, which generated much fear in the population. Segun gathered testimonies. - the open people who were presence of cash of Mexican Ejercito immediately of the fact, that they did not enter the community, but of which remained outside, surrounding it. 3. - PREOCCUPATIONS: Forceful tests that exist the aggression to the community of Santa Maria Yaviche and to the CIPO-RFM podia to prepare itself as they demonstrate the offices to it: - of the State Commission of Human rights of date 16 of October of the 2003 directed to Abel Trejo Secretary of Protection Ciudadana.(6) Also it had knowledge the Solicitor of Justice Sergio Santibanez and Governor Jose Murat. Since of the facts were many irregularities for the integration of the previous inquiry, on the part of the agent of the ministry I publish, the experts, of the ministerial policia, the medicos, the direction of previous inquiries and subprocuraduria of inquiries previas.(7) In spite of the integration of previous inquiry 146/2003, ratified in the Agency of the Ministry I publish assigned to the Direction of Previous Inquiries and Consigments of the General Procuraduria of Justice of the State of Oaxaca, where they are senalan to the people in charge of the death and the injuries of gravity to the wounded, took a month to brief the inquiry, fifteen day to free you order them of apprehension and to almost two months Since of the aggression, nobody has been stopped. Ademas did not get rid you order totally of apprehension against the identified main people in charge by the settlers of Sta. Ma. Yaviche. On the contrary, they Continuing in Tanetze generating a fear climate in the population and demonstrating impunity that gozan.(8) The performance of the Director of Previous inquiries is worrisome Victor Alonso to block everything transacts in relation to this and other cases, ademas that it insists on which cannot brief until it receives superior indications, and on the contrary it gives facilities him to Jacobo CHAVEZ that is senalado like the main person in charge of the aggression, so that in its indicated quality of in previous inquiry 146/2003 it is defended. Although the crime homicide is persecuted of office. The Caravan of Observation I state with the testimonies of victimas of the repressive facts of the 16 of October of the 2003; that they are estan doing violence to the rights of Equality before the law, respect to the life, personal integrity, to the juridica security, the freedom of thought and expression, freedom of reunion and association, the Politicall rights, the right to the health, the right of property and the one of request protected by the articulos: 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 27, 35 and 123 of the Political Constitution of the Mexican United States; 3, 5, 7, 8, 10, 11, 17, 19, 20, 21, 25, 26 and 27 of the Universal Declaration of Human rights; 4, 5, 8, 9, 10, 13, 15, 16, 21, 23, 24, 25, of the American Convention of Human rights; I, II, IV, V, I SAW, VII, XI, XII, XIII, XV, XX, XXI, XXII, XXIII, XXIV, XXVI, and XXX of the American Declaration of the Human rights; 2, 4, 6, 7, 9, 10, 14, 15, 19, 23, 24, 25, 26 and 27 of the Pact the International of Rights Civiles and Politicall; 2, 3, 10, 12, 13 and 15 of the Pact of Economicos Rights, social and cultural; 1, 4, 5, 7, 9, 18, 24 and 26 of Agreement 169 of the Organizacion the International of the Work. 4 RECOMMENDATIONS i. The social and juridico Respect to autonomia of the community and its regime by uses and customs, establishing the mechanisms with the municipal and federal jurisdiction, asi as the given off one within the frame of the international right, to traves of the agreements, treaties and conventions signed and ratified by the Mexican State, including this Agreement 169 of the OIT. II That the governments of the State and Policeman look for the necessary measures for the respect autonomia of Santa Maria Yaviche, and they are respected to them of fundamental way, his human rights enrolled in the Universal Declaration, Agreement 169 of the OIT, asi like which this enrolled in all treaties, agreements and conventions that Mexico has signed and ratified, asi like a the liberties that grants the Mexican Constitution of the Mexican United States, taking in whatever specially I articulate 4 (9), and 9 (10). III That Governor Jose Murat settles down verifiable mechanisms so that: a) The Solicitor Sergio Santibanez, the Director of Previous Inquiries Victor Alonso Altamirano and the Assistant attorney general of Previous Inquiries Erik Heras execute you order them of apprehension of file 38/2003 been in the mixed court of first instance of Ixtlan by the crimes of homicide described and injuries described against as: HERNAN CHAVEZ MARTINEZ, ERICK CHAVEZ MARTINEZ, LINEN FILIBERTO TINDER, EQUIDEL RUIZ CROSS, HECTOR CHAVEZ MARTINEZ, ELIAS CHAVEZ TINDER. b) gets rid immediately you directly order them of apprehension against the senalados people in charge in the Previous inquiry 146/2003 and that until today has not been touched: JACOBO CHAVEZ, TO STOP TOIMIL, VICTORINO ROOMS, LEOBARDO CHAVEZ And EUSTORGIO RUIZ. c) the paramilitary groups dismantle themselves that operate in the North Mountain range, known like CROCUT under the command To stop TOIMIL and Jacobo CHAVEZ; people in charge of the Death of hurt Bartolome CHAVEZ ROOMS and 9 of Sta. Ma. Yaviche. IV That the Procuraduria of a to know the result the administrative procedure followed against Erick HERAS by its participation in the kidnapping and tortures of the 46 indigenouss documented in the State Recommendation of Human rights 15/2002 v. That the Governor instructs to procuraduria of justice of the state so that recommendation 15/2002 against the authorities involved in the crimes of kidnapping is applied exactly and tortures raised in the recommendation of CEDHO 15/2002. I saw That Governor Jose Murat resigns to the force as form of solution to the social problems and samples of will to solve the conflicts by means of I engage in a dialog and establishes a table with the CIPO-RFM to be suitable the mechanisms that solve the problematica of the communities that integrate organizacion. vii. the police presence of personnel to protect the security of the citizens of Sta. Ma. debera Yaviche to be in the environs and in the center of the population, nor debera not to prevent to the settlers the free use of their educative, sport facilities, or with any other kind and in all the cases the expenses of feeding of the policia must be covered by the government with the state and not it community as now it is made. viii. is due to ask for to the authorities of health of the state of Oaxaca an explanation on the reasons and circumstances by which delay the attention to the wounded of Yaviche ix The publicos civil employees, must contribute to distender the internal climate of the community, fulfilling the previous recommendations, specially with respect to the legal procedures towards the people in charge of the aggression of day 16 of October of this year, and looking for the necessary measures so that the community on the basis of its Uses and customs can live pacificamente and obtain their development. x. The aspirations of those towns are recognized to assume the control of their own institutions and forms of life and its economico development and to maintain and to fortify their identities, languages and religions, within the frame of the States in which they live; xi The enunciated international norms in Agreement 169 of the OIT, the Recommendation are taken into account on indigenouss and tribal populations of 1957; remembering the terminos of the Universal Declaration of Human rights, the Pact the International of Economicos Rights, Social and Cultural, of the Pact the International of Rights Civiles and Politicall, and of the numerous international instruments on prevention of the discrimination asi like the dispositions established by the Organizacion of the Nations United for Agriculture, the Feeding, the Education, Health, Science and the Culture, asi like the established ones by Inter-American the Indigenista Institute in order to promote and to assure the application these dispositions. Notes 1. The file of the case is the 179/2002 of the court third of the penitentiary with seat in the city of Oaxaca. 2. By those facts Leobardo Chavez and Eustorgio Ruiz they initiated previous inquiry 6/2003 against the authorities of Yaviche, by the crimes of illegal deprivation, abuse of office of the freedom and those that is 3. Annexed certificates of injured and tests of balistica. 4. to see fotografia of aggressors 5. File 269/2003 court 5. of the penitentiary. 6. annexed office vease 7. to see document of irregularities 8. office to the PJE and the CEDH that location of aggressors denounces. 9. I ARTICULATE 4. - the Mexican nation has a pluricultural composition sustained originally in its indigenouss towns. the protegera and promovera law the development of its languages, cultures, uses, customs, resources and forms you specify of organizacion social, and guaranteed to its members the effective access to the jurisdiction of the state. in the agrarian judgments and procedures in which those are part, his were taken into account you practice and juridicas customs in the terminos that the law establishes 10. I ARTICULATE 9. - podra not to limit the right to be associated or to meet pacificamente with any object I bid; but only the citizens of the republica podran to make it to take part in the Politicall subjects from pais. no reunion armed, must right to deliberate. it was not considered illegal, and podra to be dissolved to an assembly or reunion that intends to make a request or to present/display a protest by algun act or an authority, if insults against this are not profieren, neither will be made use of violences or threats to intimidate it or to force it to solve in the sense that is desired Report: Community of Santa Maria Yaviche Report: Community of San Isidro Aloapan Report: Prisoners of conscience of the stateof Oaxaca Uprising of support to the caravan Introduction |