Bright Sta. of the Way, Oaxaca, September 22 of
2004.
C. Jose Luis Soberanes
President of the CNDH
Mexico, DF
P r and s and n t e
Those that we subscribed, members of the Organizing
Meeting which we have not even been prisoners, by this conduit we make
him arrive our complaint against the Governor from the State Jose
Murat Casab, Alonso Celestine Alvarez, Secretary General of
Government, Ulises Ruiz Ortiz, presumed elect governor of Oaxaca;
Jose Manuel Side Saline, Brown Manuel Rivas, Aristeo Lopez
Martinez, all civil employees of first level del been of Oaxaca, asi
like against the Federal Agency of Investigations, state AFI, and al
delegated of the General Procuraduria of Republica, President of the
State Commission of Human Rights of Oaxaca, and against all those that
organized, ordered and executed the violation to our human rights.
The previous thing because it is not the first occasion in which
it is repressed to us like people, organizacion and community, as it
is demonstrated with the following ones
I.-DATOS OF The ORGANIZACIoN
Popular the indigenous Council of Oaxaca
“Ricardo Magon” Flowers; CIPO- R.F.M. we are one
organizacion of communities defending of the rights of the indigenouss
towns in the State of Oaxaca. We formed the 17 of November of
1997 and appeared the 18 of the same month and year publicamente
vindicating the free association and coexistence of the towns, the
collective work, the mutual aid, autonomia in a word.
Organizacion this integrated by Chatinas/os, Triquis,
Chinantecas/os, Mazatecas/os, Mixes, Mixtecas/os, Cuicatecos,
Tacuates, Zapotecas/os, Negras/os and Mestizas/os, muchachas/os,
ninas/os and abuelitas/os; farmers, obreras/os, bands,
students, artists, anarkopunk´s, comuneras/os, teachers,
healers, etc., that without age distinction sex, religious
belief, educative level, office, occupationion, sexual preference, color
of skin or language, have been joined to contribute what each one has:
experience, capacity, will on watch, desire and effort to find
its way of liberation.
In general terminos the CIPO-RFM we have like propositos:
· Promote that the towns and trabajadores/as organize themselves
of libertaria way, although they do not make it with the CIPO-RFM.
· To spread, to promote to enable and to defend the human rights
organizadamente: social, economicos, Politicall and cultural of
the town in general and the one of indigenouss The, the
minusvalidas/os women, The, The ninas/os and migrantes The in
individual, asi like the collective rights like towns.
· To develop in the facts the Autonomia, autogestion and car
organizacion of the towns and communities, as it forms concrete of
liberation of our towns.
· To advise, to support and to acompanar to the indigenouss
communities, organizations and individuals, that fighting by the
reconstruction and association frees of the towns ask for our support.
· To impel the integral development of our towns, indigenouss or no,
with productive projects, of commercialization, industrialists, of
export and sustentables: the premises, regional and state,
taking care of, rescuing and conserving the ecosystems of our
communities.
· To revalue cosmovision and forms of coexistence, organizacion,
work, production, science, and all the cultural expressions of our
communities
· To make investigation, documentation analisis and
diffusion of the movements and local, regional, state, national and
international fights social, that by their importance, importance,
impact, innovations or experiences, support the organizational process
of the towns and elevate their taking of conscience.
· To defend, to promote and to spread to the care of the
ecosystems and natural resources.
· To stop the militarization, repression and all form of
authoritarianism, to now make and with which we have, the society of
the manana, where autogestion, autoorganizacion, and the mutual
support is the base.
· To develop systems of communitarian communication: radio.
TV, Internet, periodic, etc.
Within our activities that we developed this the attention to
the AGRARIAN problematica, ECOLOGIA, CULTURE, COMUNICACIoN, WOMEN,
PROJECTS, Human rights, COMMUNITARIAN MANAGEMENT, QUALIFICATION and
ACOMPAnAMIENTO, JURIDICO, MEDICINE, Youth EDUCACIoN.
In order to take care of all these aspects we have work area:
Qualification, Juridica and Human rights, Gestoria,
Communication and diffusion, Ecologia, Projects, Connection, Culture
and investigation, Women, Youth General Coordination, Finances.
ANTECEDENT II) DE REPRESIoN
Ever since we arose since organizacion we have
suffered infinity of aggressions, of which we have given account
always to the institutions in charge to distribute justice, to the
defenders of Human rights, state, national and international, to
continuation a summary of but the significant thing:
year 1998
1. The 18 of April of 1998, in Tuxtepec,
Oaxaca, the day that its bell for governor Jose Murat initiated, being
governor Diodoro Carrasco Altamirano, in a pacifica manifestation
outside of the offices of the Regional Sub-procuraduria of Justice of
the state in that place, exigiamos the freedom of imprisoned
indigenouss, when at the one of the manana 500 judicial and preventive
policias arrived surprise, shooting and using deafening pumps and of
lacrimogeno gas in against ours. The same passage in Putla of
Guerrero, Oaxaca, to 5 of the manana.
As result of this action we were stopped 106 people, between old
women, ninos and. To all they took us to the State Capital, hurt
and moored like animals.
To our representatives they struck them wildly and to one of
them, RAUL GATICA isolated it of all, took it to a place where it did
not watch anybody, so that the own assistant attorney general Frame
Tulio Lopez Escamilla tortured it. The same one I beat to him
with rifle in the back, the testiculos and legs so that it put me of
knees and asked pardon to him the government.
The judicial assistant attorney general and four policias that
removed it with unknown course and that Since I identify like
canaverales by the wagon course to Matias Romero Oaxaca, ahi
threatened it: “vamos
to break all the mother to him to your Indian family
pendejo” Soon, they put a pistol to him in the head and
the assistant attorney general I order: “matenlo”.
Our brother says that to hill the eyes and I listen to a firing.
The homicide maneuvers I cause single shock to him and volvio to
the reality when other policias struck to him.
As a result of that our representing brother I am with fracture
in the ribs of the left side, injured of the spine and the left leg to
me, as they could see different medicos it, including the one of the
penitentiary. Aside from at least the 40 people but they were
with diverse injuries in the body.
In the way to Oaxaca, the commander of the Preventive Policia I
simulate an attempt to apply to us to the law flight, while it began
to practice the shot to the target.
In Oaxaca, during 24 hours to all the prisoners they did not
give water, foods them, nor either medica attention and RAUL GATICA
was missing approximately 10 hours, Since denunciaria the
clandestine existence of jail in the Airport of Oaxaca.
In jail of Ixcotel they placed to the prisoners in a cell of 6
xs 8 meters, where habia a total of 89 lengthy ones. During 2
days they did not let leave to the wounded to receive medica
attention. And RAuL GATICA could not leave medicamente nor be
taken care of during 29 days because the first day of its halting was
punished when making a meeting.
The 3 of June of 1998 RAUL GATICA BEGINNING a hunger strike to
demand the freedom of the prisoners in Tuxtepec. During the 21
days that last strike it was insulted, attacked and intimidated by the
director of the penitentiary, ex--policias prisoners and by the own
president of the State Commission of Human rights, Evencio Nicolas,
that exigio to retire the accusation presented/displayed before the
National Commission of Human rights, against the governor, the
Secretary General of Government, the solicitor and the assistant
attorney general of justice of the State, asi like a the policia
bodies, by torture, injuries and attempt of homicide, said to him very
textually: "if not it beams, I personally me hare position which
never you leave jail".
Of all this repressive act the CNDH emitio recommendation 26/99,
against the government of the state of Oaxaca, but has to date not
been fulfilled anything.
year 2000
2. The 4 of May of 2000, the observatory for
the protection of the Defenders of the Human rights, program set of
the FIDH and of the OMCT, it asks for his urgent intervention to
proposito of the risk that runs the life of Prof. Raul Gatica Baptist
leader of Popular the indigenous Council of Oaxaca “Ricardo
Magon” Flowers; CIPO-RFM, ref: 004/0005/033 OBS
Amenazas/harassment MEXICO.
year 2001
3. The 26 of January of 2001, Amnistia the
International sends urgent action by new acts of intimidation to
members of the CIPO-RFM:
PuBLICO indice AI: AMR 41/005/2001/s
21/01 AU Fear by security 26 of January of the 2001
MeXICO Inti GATICA MARTiNEZ (smaller), Raul GATICA, its
father (defending of the rights of the indigenouss) Members of Popular
the indigenous Council of Oaxaca “Ricardo Magon” Flowers;
The policia this looking for Raul Gatica, defender of the rights
of the indigenouss, and has threatened stopping its son, a minor.
Amnistia the International feels preoccupation by the security
of both, asi like by the one of the colleagues of Raul Gatica in
organizacion of rights of the indigenouss for which it works, Popular
the indigenous Council of Oaxaca "Ricardo Flores Magon".
The 13 of January, a group of agents of the Judicial Policia of
the State of Oaxaca arrived at the community from San Isidro Nuns,
municipality of Xoxocotlan. They burst in into house of a member
of Popular the indigenous Council of Oaxaca and asked for Raul Gatica.
They threatened stopping the son of Gatica, Inti Gatica
Martinez, that was in that house, if not them decia where they podian
to find his father. Segun the information, policias habian
before struck to Inti Gatica days.
4. The 17 of July of the 2001, Holy Gregorio Jesus
Gutierrez (alias the rooster) Brown Samuel in compania of 20 people
smoothed the Address of Reyna Perez Hernandez, (integral of the
Organizing Meeting of the CIPO-RFM) located in old highway to Alban
Mount corner with Valerio Trujado in the street Benito Juarez s/n.
Day 7 of October also they threatened it and day 11 of October
they robbed and they left a note to him where they threaten it of
integral death to her and demas of the CIPO-RFM. Everything
Consists in the AV. PREVIOUS NO.8928 (S.C.) 2001, AV.
PREVIOUS 1489(SC) 2002 and 149(CDA) 2002. To date justice
has not been made and the harassment follows.
year 2002
5. The 1º. Of January of
2002, they were kidnapped and tortured 46 members of the CIPO-RFM of
the communities of the Reformation, Yaviche and Yagallo, by
paramilitary of the Regional Council Working Urban Farmer and of
Tuxtepec, CROCUT, of the population of Tanetze de Zaragoza. This
group is commanded To stop Toimil Roberts, Jacobo Chavez Tinder,
between otos. Since of one releases fight, profit that the
state commission emitted recommendation 15/200, where recognizes the
kidnapping, the torture and demas caused by the authorities.
Nevertheless the related thing to the paramilitary Groups and
the performance of protection is not mentioned that cometio the
visitador of procuraduria of justice of the state Erick Heras
Velasquez.
6. The 13 of March 2002, to the first hours of day
twelve of March of 2002 in the house of the CIPO-RFM recibio in I
telephone 51 78190 a call where a masculine voice I ask for Raul
Gatica, saying that a friend of the Isthmus called. One said to
him that Raul was not, but podia to leave message and said that
nothing but called to ask to him that like habia left the accident.
Since hung. We did not give importance to the fact, but
to five of the manana we received a call of members of the CIPO-RFM
from Juchitan, where they communicated to us that companeros GAUDENCIO
ESCAMILLA MENDOZA habian had an accident, EVARISTO SARABIA, MISAEL
MARTINEZ, JAIME SARABIA, JESUS and TEODORO, that traveled the NISSAN
Light truck.
During the course of the day, the same voice I call to say to
us: This time except for Gatica because it took good driver, but
proxima less does not escape and To stop Chavez and Reyna. All
this appears briefed in the AV. PREVIOUS 52(F.M) 2002.
This situation cost the death of Gaudencio Escamilla Mendoza,
member of the organizing meeting of the CIPO-RFM.
7. The day veintidos of July of the 2002, being the
fifteen hours with ten minutes, while realizabamos an assembly in
sector U2-B of Sta. Huatulco Cross, arrived NORBERTO ARAGON OGARRIO, I
syndicate Constitutional Policeman of Santa Maria Huatulco, Policias
Municipal and judicial of the state, that without mediating question
some, and with luxury of violence RAUL GATICA, JOSE arrested RUIZ
HERNANDEZ, FELICITOS MARTINEZ MARTINEZ, GUMERCINCO VALENCIA TORIZ and
ELIZABETH MOON CROSS, as it consists in the AV. PREVIOUS No.
251(II)/2002
8. The 19 of November of the 2002, being
approximately the eighteen hours, when they were reunited integral of
the Council Popular indigenous “RICARDO FLOWERS MAGON”
and communities of the environs, with the purpose of making a
cleaning in the land that is located next to the located offices of
the Apple Council six, Lot six, of the Sector U2 B, in Jurisdiction of
Santa Cruz Huatulco, when policias policemen and people arrived from
the paramilitary group known like “baja mantenimiento”
and with violence luxury they attacked against our brothers and
they prevented this cleaning. They left injured to Victory the
Ruizes, Assumption Lopez and Ofelia Insipid Velasquez and stopped
Elizabeth Moon Cross, Reyna Gladicenia Solis and Juan Diaz.
and it is mentioned like direct accused to Efigenio Ramiez
Hernandez, Norberto Aragon Ogarrio and all the municipal town hall,
asi like a Jacinth “N” of the Municipal Policia of
Santa Cruz Huatulco.
All this briefed in the AV. PREVIOUS no. 414(II)/2002,
same that is related to 2264 (PME) 2002.
9. The 11 of August of 2002, between 9 and 10 of the
manana, paramilitary of Torch Farmer of San Miguel Aloapam, Attacked
with woods, machetes, tips and some arms in the Ilyhusion place, to
the Women of San Isidro Aloapam who were seeding Popes. They
destroyed one house that the community of San Isidro poseia in the
place. The testimonies of the women and who registry ACAT
senalan: "To many they struck, did not let to us say groserias
to us, in special to the women but Youth#8221; “Un man
I undo the trousers and it said us that that was what estabamos
looking for, that for that veniamos the single women to milpa”
“No stopped to say groserias and to touch to us well ugly
". "they took hold to Me and they pushed to me and they kicked
to me, until now this badly my espalda” “me threw
above of the highway where a grass estan that has thorns, alli threw
to me and they gave trancazos me in the forehead and espalda”
“de as much fear that tapeworm nor I realized where was my
demas companeras” “Alarguense of these earth because
if we did not kill them ". they “Pegaron as much to 2
women who were thrown in the ground which they lost his bebes”.
The paramilitary ones took to a minor of 5 years, Miriam Alavez
towards the forest, but aparecio until afternoon, like a five.
This aggression I leave, wounded of gravity a: Merenciana
Alavez Cross, Daisy Perez Mendez and Anastasia Alavez Cross;
ademas of hurt a: Celina Perez Cross, Rufina Perez Perez,
Guadalupe Alavez Perez, Maria Lopez Cross, Eva Garcia Cross, Perez
Rosebay Cross, Maria Elena Perez Perez, Light Alavez Perez, Juana
Perez Mendez, Yolanda Perez Cross, Francisca Perez Mendez, Daisy Cross
Alavez, Adelaida Perez Cross, Maria Perez Cross, Jesusita Cross Perez,
Agripina Perez Hernandez, Domitila Mendez, Cross, Sebastiana Perez
Alavez, Susana Alavez Garcia, Claudia Perez Perez, Vicenta Perez
Alavez, Humberto Cross Alavez, Loved Perez Cross, Esteban Lopez Cross,
ademas of the minors: Emigdio Cross Alavez and Jacinto Perez
Cross.
Although throughout the day members of the CIPO-RFM we were
speaking with the Secretary of Citizen Protection, the General
Procuraduria of Justice, the Secretary General of Government, the
Private secretary of the Governor, the diverse civil employees assured
to them that already habia left the security publishes for the place
where they were attacking them. Nevertheless at the place of the
aggression never I arrive security publishes some. Single 24
hours Since of the aggression arrived civil employees from the
Ministry I publish and the General Procuraduria of Justice and
transferred the women who were in serious state of health and were
taken to the hospital, where occurred a report that indicated
incomplete abortion because of blows. (medico Report Civil
Hospital, file: 736/2002).
Also part occurred to the State Commission of Human
rights that I do not appear to the place of the facts but up to two
days Since and although the complaint was made to date have not
given a report of which sucedio and the paramilitary ones have not
received ningun punishment.
In that same date 5 members of the CIPO-RFM of the community
were kidnapped, same that Since to torture psychologicalmente was sent
them by the municipal authorities to the Ministry I publish of Ixtlan,
defendant of injuries, resistance to the authority and danos to other
people's property (penal file 129/2002.) All these facts estan
briefed in the denunciations: AV. PREVIOUS Nº 218/(FM)/2002, AV. PREVIOUS Nº 736/(HC)/2002, AV. PREVIOUS Nº 1551/(PME)/2002 and AV. PREVIOUS Nº 6913/(SC)/2002.
2003
10. The 7 of June of 2003, in one touched of
rock made in the audience located between Bustamante and Armenta and
Lopez, near the audience of San Francisco where preventive, municipal
policia and UPOE I strike wildly to Erick Red Zavaleta, Sergio Perez
Hawthorn, Crisanto Martinez Gualberto, Rogelio Martinez Calderon,
Elvis Cross Cross, they injured them and they vejaron.
Everything consists in the AV. PREV. 5036/SC/2003
and was alternated until the 12/06/03, although it was transacted
08/06/2003 with I number 785/CR/2003 and in the complaint been before
the CEDH/664/ (01)/OAX/2003, of which we know is a recommendation but
it has not been notified to us.
11. Day 5 of August of 2003, in the vestibule of the cathedral, while they were reunited to Antonio Villanueva other 13 Feliciano and Youthbut of the CIPO-RFM were stopped with violence of arbitrary way by preventive policias and the UPOE, defendant of injuries stops in hours to leave them in freedom without but explanations, these facts are in the complaint file. CEDH/817/(01)/OAX/2003, also is a recommendation that they have not wanted to communicate to us, and the same commission refuses to give information us.
12. The 24 of May of 2003 the address of Raul Gatica located in the street Freedom 8 of San Isidro Nuns, Xoxocotlan, Oaxaca was smoothed and destroyed by strangers. They did not take anything, not even money in cash that was in the place, but left painted the color house orange: the bano, the utensils of kitchen, the foods, etc. Ademas, when putting in order the house, found under the things two dots: a skull with the name of “RAUL” and a cross in rechambers it that with the signboard: “estas muerto” Everything is registered in the AV. PREV. 413/CDA/2003.
13. The 12 of June of 2003, but of 1000 preventive, judicial policias, of the UPOE and policemen evacuate with violence the democraticos workers of the union of the three powers, to the Codeci and members of the CIPO-RFM that estabamos in pacifico long wait front to palace of government of Oaxaca and 40 dependencies but. The balance of 37 was hurt and 4 prisoners, in agreement account occurs in:
14. Day 18 of July of 2003, in the occasion of
protests that was made in downtown, Raul Gatica was near source of
Tree-lined avenue of Leon writing up document, when account occurred
that two people senalaban it, one of them, with cap species of
pasamontanas I rise to the sweater shirt and coat a firearm and line
up towards. Raul corrio towards where it was people and
denouncement which happened, reason by which Reyna Perez, Elizabeth
Perez and Paschal Ricardo persecuted this person to film it but they
could not reach it because it went in bicycles that another person him
prepared tapeworm and esperandolo. last has seen itself this
individual like policia of the special forces in a white motorcycle.
Everything consists in the AV. Prev. 6266/SC/2003.,
but that beginning with I number myself of AV. Prev.
1290(PME)/2003, by homicide attempt.
15. The 13 of August of 2003 at night, to a flank of the
SETRAN offices several policias of I journey wanted to take to several
members of ours organizacion, for that aimed with the pistol at Rosary
Gomez, Crisostomo Perez Cross, Reynaldo Fair Hernandez and Reynaldo
Hernandez Fair. In the end the women managed to rescue them but
they did not save them of the blows that they gave them.
Everything consists in the AV. PREV. 1074(C.
R.)2003
16. The 16 of October of 2003, when the community
of Sta. Maria Yaviche, member of the CIPO-RFM, made a general
assembly, surprise appeared a group of people of Tanetze de Zaragoza,
identified as paramilitary of the CROCUT, strongly armed and shooting
against the asambleistas. This aggression I leave like being
dead Bartolome Chavez Rooms and heridos/as: Francisco Flowers
Apple tree with 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 with
an impact of bullet to the height of Rodilla, 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 of heavy caliber. Everything appears in
the previous inquiries 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.
In the aggression profit to recognize itself and to even
photograph the aggressors, among them To stop Toimil, to lider of
organizacion CROCUT, Hernan Chavez Martinez, Erick Chavez Martinez,
Filiberto Linen Tinder, Equidel Ruiz Cross, Hector Chavez Martinez,
Elias Chavez Tinder, Victorino Rooms, Eustorgio Ruiz, among others.
Nevertheless, procuraduria of justice actua and with that
behavior does not protect to the paramilitary ones.
At 9 days of happened, I arrive to the community a Caravan from
Observation from diverse organizations from human rights finding an
atmosphere from tension in the ninos, old and women and the presence
of three bodies of preventive policia of the state, 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. The members of the
caravan could be aware that of the community of Tanertze de Zaragoza
it 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.
Forceful tests that the aggression to the community of Santa
Maria Yaviche and to the CIPO-RFM exist podia to prepare themselves 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 Citizen Protection. 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 sub procuraduria of
previous inquiries
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 they enjoy
The performance of the Director of Previous inquiries is
worrisome Victor Alonso to block everything transacts in relation to
this and other cases, ademas to insist that it cannot brief until
receives superior indications, and on the contrary give facilities him
to Jacobo Chavez that is senalado like the main person in charge of
the aggression, so that in his indicated quality of in previous
inquiry 146/2003 it is defended. Although the crime homicide is
persecuted of office.
2004
17. The 24 of February of 2004,
approximately to 9 of the manana assassinate with firearm to the
brother Juan Aparicio Garcia of the community of Lagunilla Yosonotu.
The people in charge were integral outstanding of the PRI,
Marcelino Hernandez, and Delfino “N”que with near 60
paramilitary ones of Water of the Toro, Bright Sta. Monteverde invaded
the land where our brother worked. Procuraduria of justice did
not do anything although it was warned and knows of the existence of
paramilitary in the zone.
18. The 4 of July between 9 and 9:15 at night, in the
garden of Etla, were attacked stabs and hurt Edgar Torija Perez, when
it finished sticking posters of the mobilization of the CIPO-RFM and
dirigia to his address in the same community. All this in the
penal file: AV. PREV. 266/(I) 2004. Although all the
tests have been contributed, procuraduria actua not to stop to the
identified person in charge whom this of being activist of the PRI.
19. The 11 of 2004 July, at 8:30 of the manana, a group of
approximately 40 integral people of the PRI, Navies of machetes, small
bars, shovels and tips arrived at the House from Popular the indigenous
Council from Oaxaca “Ricardo Magon” Flowers; CIPO-RFM
located in sector U2-B, apple 6, lot 6, of Sta. Cross Huatulco, Oaxaca
and attacked against the 7 families of companeros ours that ahi live.
As a result of the wounded aggression Felicitos Martinez from 40
years of age, Felix Towers of 35 years and the nina Sandra were
Towers of 8 years and Brenda Towers of 6.
20. The 13 of July of 2004, paramilitary of Bright Sta.
Monteverde balacearon the community of Yucunicuca and assassinated to
Pedro Salazar Cross. To the following day again the paramilitary
ones of Monteverde, strongly armed incursionaron in the places
“corral viejo”, “ocote cuate”,
“loma larga” and “cantada”,
in the zone of Morelos, Lagunilla and Yucunicuca Yosonotu and
they make firings to the 3 populations. In spite of already
existing a dead until day 27 of July I appear the security publishes
to reguardar to the population.
21. The 13 of Julio of 2004, the preventive policia of the
state on board of patrols 630 and 810 surrounded the community by Sta.
Maria Yaviche, closed the entrances and they did not allow the exit to
any of the members of the CIPO-RFM, reason why we had to leave by the
paths between the mount to be able to arrive at the protests in
Oaxaca.
22. The night of day 16 of 2004 July, in the seat of the
Dance of the city of Oaxaca, occupied pacificamente by the CIPO-RFM
and where the policia to the control of Lieutenant Saline Jose M. Vera
and Captain Brown Manuel Rivas attacked against old ninos, women and
with lacrimogenos gases, electricos deafening pumps and toletes to
those who of single tenian their bodies like shield and defense.
This I leave wounded a: Rolando Zeferino Quino, that was
removed from the police wall without sense; Perez rosebay Cross
perdio the sense of orientacion and cannot speak; Elizabeth
Perez Cross I stick in the chest the deafening pump and hurt key to
him, now this without being able to speak; Simon Illescas Apple
tree this without possibility of seeing because of gases; Fulvia
Dominguez Mayoral and Gloria Branches Yescas and Melisa Flowers Tinder
cannot move. All the wounded could take to the Civil Hospital of
Oaxaca Since of a strong fight to break through the encirclement.
23. First from September of the present year in the
premises that occupy the house of the CIPO-RFM thirteen telefonicas
calls of the nine of the manana to nine were received at night, where
a man voice asked for Raul Gatica and when asking that so that queria,
decian: “para to break his to him puta mother to and all
the members of the CIPO” and they hung.
24. The 9 of September of the 2004, between eleven
and the twelve at night in the street Emilio Carranza I number 210,
place where they are located the offices of the CIPO step vehiculo Pic
white Hup and the people who went to the interior made 9 firings of
firearm of heavy caliber in front of the house of the CIPO-RFM.
25. Day 13 of September of the 2004, five afternoon
recibio a telefonica call in the house of the CIPO-RFM and when
raising the horn the person who was of guard was asked to him:
“esta Raul Gatica or Reyna Perez”, as they
answered that one was not him said: “diganles that one by
one is going away it to load chingada”
Everything what we mentioned previously serves as antecedent to
the repression that development against us day 14 of September where
they evacuated to us with violence and that occurred under the
following ones:
FACTS:
To 6:13 hours of the manana of the day of today 14 of September
of 2004, policias of the forces special of the government of the
state, UPOE, preventive, turistica, judicial policia of the state,
Banking Policia, Federal Agency of Investigations, uniformed and
dressed civilian, in an amount superior to 100, directed by the
secretary of citizen protection Jose Saline Manuel Side, taking
lacrimogenos gases, deafening pumps and water pipes, without warning
of by average they evacuated to us as much with luxury of violence of
the Palace of Government like of the Temple of Sto. Domingo, places
where estabamos from the 20 of April of the 2004. Our things
took them in two light trucks and to us in 3 light trucks, a ram and
two Nissan. Between the things that took was one camara Sony,
Mini DV-cam, where this filmed part of the repression which we lived
and that demonstrates we did not attack to anybody.
To the brothers and sisters prisoners without counting on
apprehension order took to them and without which they were committing
crime some, they struck them and they vejaron, the relation of them
are: Dolores Villalobos Cuamatzin, General Coordinator of the
organizing meeting of the CIPO-RFM; Miguel Cross Brown
responsible for the Communitarian Radio Guetza and member of the
communication area of the organizing meeting, the CIPO-RFM, Leonor
Lopez Alavez, -15 years and member of the communication area of the
organizing meeting of the CIPO-RFM to that they cleared camara to him;
Reynaldo Hernandez Fair responsible for the area of Youthof
the organizing meeting of the CIPO-RFM, Carmen Lopez Perez, member of
the Women's Workgroup of the Organizing Meeting of the CIPO-RFM;
Gumaro Lopez integral Alavez of the area of Communitarian
Gestoria of the organizing meeting of the CIPO-RFM, Kalid Perez Gomez
(17 years) of the advice of base of the CIPO-RFM of Bright Sta. of
the Way, Daisy Garcia Garcia (union of the 3 powers), Abacuc Cross
Cross (union of the 3 powers), Gildardo Perez Gomez, (17 years)
advice of base of the CIPO-RFM of San Cristobal Amoltepec, Jose Cross
Cross, member of the CIPO-RFM and municipal agent of San Isidro
Aloapam; Abel Ramirez Ramirez, worker of the Union of the 3
powers; Guadalupe Garcia Garcia, worker of the union of the 3
powers and Mauro Garcia Garcia, Advice of Base of the CIPO-RFM and
Municipal Agent of Guadalupe Chindua.
Although extra sabiamos which they were lengthy in the
Procuraduria de Justicia of the State, officially single they let see
them to us until the 5 of afternoon. All this time they had them
without giving them to eat neither to take water, nor to go to the
bano.
The testimonies of our brothers during the halting senala that
struck them in the ribs, put mouth down, taken from the neck and
beating to them against the floor of the tray of the cars, without
leaving they watched them at the face, and when they watched a little,
soon soon they struck them. All time they asked “donde
this to them lider, we walked it buscando”.
Leonor, Kalid, Jose and Gumaro took them in a same car and tell
that in the way they said to cracked Indians leg to them, larguense to
his puebo, do not have anything to do aca, must be in their town and
not disfiguring the city. Our sisters responded “indias
but with dignidad”
When they took to procuraduria under police fort defense to them
of men and policias women, all were ensanaron with the women - ninas
-, the policias said: “no costs nothing to us to violate
them because we like mujeres” and they began to clear the
trousers to him to Kalid and they broke the underclothes to him.
All acompanado of blows and I handle by the body.
The policias shouted to them: “Pobres chamacas
single obeys what Raul Gatica Bautista” commands to them;,
“El nomas commands and it does not do cosas”
“El does not give the face. If very brave one thinks
that of cara” “De this not escapa” and
going to Leonor Lopez Alavez “Tampoco the your and Chinese goes
away to escape in this occasion, because they are the Indians but
revoltosas”
When they arrived at procuraduria they isolated to the ninas
Leonor Lopez Alavez and Kalid Perez Gomez because they sang, to one in
the bano and another one in the cell. They ordered to them that
they undressed, and when not doing it they struck them. They
removed to Leonor and they remained striking to Kalid between 5 women
and a man. Single the pain shouts were listened to during 15
minutes.
Our hermanitas demanded that they said to them that crimes
accused them. Then the policias embosomed his to them
metralletas of threatening way. Incomunicadas had them from the
7 of the manana to the five of afternoon, ademas did not allow the
passage of medicos so that they saw his state of health. They
gave neither let them pass foods nor water and they either did not let
to them go to the bano.
When the golpeadores asked our struck sisters: because
they hate so much to us to all the policias, if we were not those that
we did this operative one? They answered: “no we
hated to you, sadness is that it gives us because your heart and mind
estan envenenados” “De nothing serves that you have
the same color that we if you serve to hurt to your hermanos”.
The policias are reian of our words.
To Reynaldo, Miguel, Gildardo, Dolores and Guadalupe took them
together. To Miguel and Reynaldo they demolished them and
Since they kicked them in the ground and Go up them the light
truck they hauled it of the hair, blows they raised them and as they
also do not cabian in the light truck blows accommodated them in the
tray of the car. To Miguel they took it with the knee in the
head. Before any reclamation they struck them. They put
mouth down and they did not let to them turn around the head so that
they did not see that beat to them, nevertheless our brothers in spite
of that watched them.
To Carmen, Abacuc, Margarita and Abel struck them with tolete in
the legs so that they left the blanket that sostenian like unica
defense. They raised them the light truck and they put the foot
to them in the chest so that they did not move. To Abacuc they
beat to him in the oidos ones and kicks they raised it the light
truck.
When arriving at procuraduria and they estan Carmen Lopez Perez
with hemorrhage because of the blows, I ask for medica attention that
never they gave him. In all the cases the medico of the judicial
policia said that nonteniamos nothing, in spite of the evident
injuries that they presented/displayed our brothers.
Recommendation of the CEDH even exists on the matter.
To Daisy when they identified it they said: “vieja
jija of the chingada one, your you were the one that us banaste with
atole” Abacuc recibio blows when protesting by the
golpeteo. When they arrived at procuraduria to Carmen said to
him, “a to see outcry like hacias in zocalo. Right now we
are going to you to violate and to banar with water fria.
From this day the policia has occupied the government palace and
this practicamente closed the step, to avoid that during the
independence shout acts of protest of the indigenouss towns do not
become that always we have been excluded and now we are being
repressed.
Day 14 of September of the 2004, approximately to four afternoon
recibio a telefonica call where when answering they said to him the
person who was of guard: “digale to these children of its
chingada mother who now if the position chingada”
“al Gatica, now if not escapa” “pronto
sera the day of his muerte”
Day 15 of September approximately, to the 9 hours with 37
minutes, when integral of Popular the indigenous Council of Oaxaca
“Ricardo Magon” Flowers;, they carried out a meeting
in front of the palace of Government of Oaxaca, to demand the freedom
of its stopped companeros, again they were attacked and evacuated by
police bodies.
Day 15 of September of 2004 approximately between four and the
six afternoon were received four telefonicas calls, of which single
they answered one in that they said to him to the person in charge of
I telephone that if were to somebody of the organizing meeting of the
CIPO reason why asks to him that which was and answers: in order
to ask to them if them taste the evacuation. Now no longer it
waits for an evacuation or madrazos to them, which follows is the
death to all, mainly to puto of his lider Gatica.
The 15 of September from 2004 to 9:37 at night, were transferred
approximately 20 people dressed civilian in military appearance and
along with near 200 members of the special forces of the policia of
ministerial state UPOE and, civilian and black dresses, first
surrounded the long wait and soon with all violence they returned to
evacuate to us of zocalo of the city where governor Jose Murat (PRI
member responsible for the repression) dara the shout of independence
of Mexico in hours but.
During the evacuation to Elizabeth Perez Cross, member of the
organizing meeting was threatened publicamente by Aristeo Lopez
Martinez, head of the banking policia that said to him:
“te is going to load the chingada one but to rato”
“a you we are not going to you to stop, but to
desaparecer”
Day 16 of September of the 2004, to 9:30 of the manana attacking
military they throw lacrimogeno gas to a nina of San Isidro Aloapam
and to its breast. They strike the demonstrators rob the horns,
the blankets and throw the things to us to eat that they tenian and
they return them to evacuate with violence. During the beatings
to the demonstrators of the CIPO-RFM, Aristeo Lopez Martinez when
seeing that Elizabeth Perez Cross this helping the people who were
affected with lacrimogenos gases, shouts to him in front of all, to
the time that senalaba with the finger in pistol form:
“mocosa daughter of your puta mother already you were
worth madre”, I rush myself immediately against her, with
the intention to want to clear camara to him to film and I strike it
in the forehead doing it to fall and Since I drag it, the
intervention of Alfonso Perez, avoid that they took it.
That same 16 of September but being approximately to the 10 of
the manana 2 motorcyclists and one patrol of preventive policias
stopped to Robert integral Hernandez Fair del CIPO, between the
streets of Morelos and Crespo, in the city of Oaxaca. The
halting did when repartia flying demanding the freedom of their
imprisoned companeros. In the halting they gave him of kicks and
they cleared the blankets to him and flags of the CIPO saying to him
deals to your leaders who are going away to die all, to Raul Gatica we
walked looking for and dile to it that this time does not escape.
The dawn of the 18 of September from 2004 to 2:10 of the manana
they arrived, by all sides, to the place where they were planted
pacificamente, approximately 100 policias dressed civilian in black
color, military court, boots, cover mouths and scarves in the face;
armed of rods, knives, striking the ground that until removed
sparks and shouting “Ya the position chingada”
“pinches Indian stinking we are going to them to break his
madre” “donde this the damned little mocosa of
camara and lider puto that tienen” and they beat to them
to all, cleared money, clothes, huaraches, blankets, blankets,
credentials and all their things to them. Lopez Branches were
wounded from this Jovita aggression and taken care of by the Red Cross
of Oaxaca.
It is possible to emphasize that the attacks have all the
characteristic of paramilitary and venian directed by those of always:
Jose Manuel Side Saline; Brown Manuel Rivas, Aristeo Lopez
Martinez.
We went to the Red Cross to be taken care of and to receive the
certainty of injuries but they did not want to give nothing to us, the
agent of the ministry I publish did not want to receive the demand.
The State Commission of Human rights at the moment that I listen
that it was the CIPO-RFM, said that their complaints are not recibian.
At the moment the members of the CIPO we are planted in the same
place of which we have been evacuated 7 times and we fear that they
return to do the same.
All these aggressions, threats and intimidations estan related
to the work of defense of the human rights of the indigenouss towns that
we do in the State of Oaxaca, which at the moment they estan carrying
out and with it they affect interests of the government of the State
and casiquiles and paramilitary groups, that violate the human rights
of the indigenouss towns in Oaxaca. By the same the State
Commission of Human rights actua in complicity with the state
government, reason by which the same day of the aggression we made the
complaint before the national commission of human rights, same that
day 22 of September let us know telefonicamente that our complaint was
admitted day 14 of September of 2004 with I number of EXP. OF
COMPLAINT: 2004-2952-4 and taken care of by the Lic. Lourdes
Larrieta.
Since it is an increasing preoccupation in the international
community, the situation of the defenders of the human rights, as it
demonstrates the approval to it in 1999, by the UN, of the Declaration
when having of the individuals, the groups and the institutions to
promote the human rights and the fundamental liberties universally
recognized, asi as the designation in the last commission of human
rights of the UN of a special representative to watch and to know the
attacks defenders of the human rights, in Mexico this must be
fortified, for that reason we dare a
TO SOLICIT:
1) Before the gravity of the narrated facts and the
imminent danger that this means to the life, freedom and personal
integrity of the C.C. Raul Javier Gatica Baptist, Oliverio Neri Lopez,
Dolores Villalobos Cuamatzin, Leonor Lopez Alavez, Daisy Garcia
Garcia, Guadalupe Garcia Garcia, Carmen Lopez Perez, Kalid Perez
Gomez, Reynaldo Hernandez Fair, Gumaro Lopez Alavez, Mauro Garcia
Garcia, Raul Lopez Diaz, Juan Lopez Takings, Jose Cross Cross, Brown
Miguel Cross, Gildardo Perez Gomez, Abacuc Cross Cross, Abel Ramirez
Ramirez, Elizabeth Perez Cross, Rosary Gomez Hernandez, Gabriela Perez
Gomez, Luis King Matadamas Ramirez, Alexander Kings Morales, Simon
Illescas Apple tree, Paschal Prochoir Lopez, Alfonso Perez, To
stop Chavez Garcia, Wilfrido Red Gabriel, Jose Luis Vasquez Districts,
Alejandra Refuge Toro Rodriguez, Virgin Santa Sanchez Galicia,
Francisca Ojeda Velasco, Francisco Peralda, Salvador Ojeda, Nino Hope,
Reyna Perez Hernandez, Misael Avendano, Juan Diaz, Elizabeth Moon,
Gildardo Rodriguez Martinez, Eleuterio Branches, Felix Machuca,
Crisostomo Perez Cross, Juan Lopez, Alberto Matias, Anatolio Martinez
Marquez, Santiago Mendoza Villalobos, Margarito Jarquin Martinez,
Carmen Perez Chavez, Fernando Torija and Raul Javier Gatica Baptist,
all Members of the Organizing Meeting of Popular the indigenous Council
of Oaxaca “Ricardo Magon” Flowers; and members, that
have been harassment object and threats to raiz of the defense of the
human rights of the indigenouss towns in the state of Oaxaca, by all
Here senalado, we solicitd to adopt measures you will prevent for
them, destined to prevent a real and imminent irreparable dano.
2) In the same sense measured you will prevent for the
communities that participate in this organizacion, by the gravity of
the described facts Here.
3) Intervenga for the immediate liberation of our brothers who
even remain lengthy: Dolores Villalobos Cuamatzin, Daisy Garcia
Garcia, Brown Miguel Cross, Jose Cross Cross, Gumaro Lopez Alavez,
Reynado Fair Hernandez and Abacuc Cross Cross.
4) the necessary measures are taken so that the defenders of
human rights, lists previously that are members of the CIPO-RFM can
make their work without risk some.
5) That is applied the law against those who glided, organized,
they ordered and they executed the set of repressive and violatorios
acts of our human rights.
6) That of a publicamente to know the results the investigations
that makes and senale clearly the role that the paramilitary groups
play, asi like the reasons by which the judges, publicos ministries,
etc., in the protection and granting of impunity to the paramilitary
ones.
7) That recommends repair of the dano to our brothers and
organizacion, mainly in the moral plane.
8) it is recommended to the authorities that abstain to make
senalamientos and estigmatizaciones against the social, popular
sectors, of human rights, and against the nongovernmental and integral
organisms of the CIPO-RFM
9) That the authorities of all the state and official
levels abstain to anyway justify or to legitimize crimenes, violence
or aggression against the indigenouss communities, organizations and
activists and civil populace.
10) Which the operation of communitarian mass media like the
Guetza radio is guaranteed, that now this persecuted by the
government, although its permission this in transacts.
11) That is guaranteed that the State Commission of Human rights
provides in truthful and impartial form, according to the eticos
codigos, information on the violations to the human rights and
aggressions that commit the authorities in Oaxaca, particularly
Governor Jose Murat and the autonombrado Elect governor, Ulisise Ruiz
Ortiz.
12) Garantice that habra a column in the press written and
spaces in the television and radio, that allow to victimas of
violations the human rights to freely express their thought with
respect to the right to the truth, the justice and the integral repair
of the dano that committed to them.
To the National Community and the International we solicitd:
a) Watch and you demand to the Mexican State the
fulfillment and implementation of the recommendations and
international norms of human rights for the cases our
b) Promover that the international cooperation and the
national budget is destined for La Paz, the development and social
justice, and does not stop the fortification of the repressive
organos.
c) to the eclesiasticas churches and jerarquias we requested to
acompanar to our communities and organizacion and that demands to the
Mexican State the truth, justice and the integral repair of the dano
that they caused to all victimas of violations to the human rights.
Ademas which they make a etica investigation, evangelica and
humanist on the facts that we have suffered the members of the
CIPO-RFM and present/display to the society a report I publish on the
violations that we have suffered.
Without but that to add at the moment, we took advantage
of the occasion to greet it and to express our but high esteem to him.
Kindly
By the reconstruction and it frees association of our
towns
By the organizing meeting of the CIPO-RFM that has not
even been stopped
Rosary Gomez Hernandez
Leonardo Lopez Sarabia
Raul Lopez Diaz.