On April 7, Morales failed to respond to a judicial summons to appear in court to ratify his declaration. Three days later, he failed to appear to face questioning by the defense. All told, he has failed to appear at least seven times for various court-related procedures. As a result, Elorriaga has been unable to challenge in court the evidence that led to the most serious charges against him, in violation of Mexican and international standards requiring the accused to be able to cross-examine, in front of a judge, anyone who testifies against him or her.
Further, the status of Morales and the nature of his testimony are in doubt. The Mexican government has given contradictory statements about Morales. Legal documents show that Morales testified to an agent of the Public Ministry, Lic. A senior official of the Interior Ministry seemed to confirm this in a February 17 briefing for foreign reporters, stating that Morales was one of four top commanders of the Zapatistas, and that he had been detained.
He did so again on March 27 in Washington, D. Morales's February 8 statement does not indicate that authorities questioned him about his own activities as an alleged EZLN member, and it gives no reason for his alleged defection. If Morales had been in detention when he gave his statement, he should have been available for court-ordered appearances, since Mexican law makes no provision for releasing confessed criminals, yet he did not appear. The Mexican government should initiate an investigation into the inadequate defense received by Elorriaga, the procedural irregularities in the case, and the possibility that the Garibay testimony was fabricated by prosecutors.
Any official found guilty of wrongdoing should be prosecuted. The testimony of Salvador Morales Garibay constituted the only evidence against him.
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According to the National Human Rights Commission, "While trying to fulfill the arrest warrant, on February 9, , State of Mexico Judicial Police officers were received by the people in the house with gunfire, which lasted for almost three hours. Police took the detainees to the State Office of the Attorney General in Toluca, State of Mexico, and then to what they believed to be a military base.
The detainees' belief that they were held briefly at Military Base No. Despite these examinations, their injuries, which included, in one case, gunshot wounds, were reportedly not treated. In their declarations before a judge, several of the prisoners retracted parts of the statements they made to the Office of the Attorney General, saying they had been blindfolded and threatened or pressured into signing. In all but one case, the addresses they gave do not exist.
The one state-appointed lawyer who has been located failed to respond to judicial summonses until January 19, The defense also says that the number of bags of illegal material allegedly discovered at the house is variously reported in official documents as seven and eleven. Police then blindfolded the detainees, removed their shoes, and threw them on top of one another in a van. The police entered the house, beating, grabbing and dragging us. The police started to shoot at my husband.
Then the police took us to a vehicle, threw us on the floor, and sat on top of us. When we arrived at a house, they covered our eyes.
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When we got down from the vehicle they threw us on the ground again. There, they took lots of photos, our fingerprints, and made us sign things that we didn't know what they were. Then they took us to another house, where they took off our clothes and kept us blindfolded. They asked me if I was a Zapatista and started to say that if I didn't answer correctly they would put me in a well; then they started to increase the volume of the music and started to shout a lot. Someone told us to get up and that if we didn't we would die.
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From there, we were taken to the Reclusorio Norte, where we were treated well. A police officer opened fire with a machine gun as he lay on the floor. Rather, they beat him, dragged him to a waiting vehicle, and threw him on top of the other prisoners. One of the police agents reportedly stood on his injured knee intentionally.
There, he received no medical attention. At about a. During this period, he was held incommunicado for fifteen days. On March 7, after undergoing surgery, he was transferred to the Reclusorio Preventivo Norte.
On January 9, , three representatives of the Office of the Attorney General visited the detainees to question them about their allegations of torture, in fulfillment of a judge's order issued eight months earlier, in May According to one of their defense attorneys, Pilar Noriega, the Office of the Attorney General did not notify the lawyers or the detainees of the impending interviews; her clients, who had been instructed by their lawyers not to talk to government officials about their case without their lawyers present, refused to speak to the investigators, whom the detainees reported were aggressive in their attitude.
It was not surprising that these detainees, who have every reason to fear abuse from government representatives, were mistrustful of the investigators, especially as no effort was made to give them or their legal counselors prior notice of the investigation.
Mexico: Torture and Other Abuses During the 1995 Crackdown on Alleged Zapatistas
Police from Veracruz arrested these suspects at about p. The police, who had a warrant to detain three different men in connection with an unrelated crime, allegedly found unauthorized weapons and explosives in the house.
On February 13, the sixth district judge in the Federal District, Lic. Police used a search warrant alleging a secret weapons cache in the house for a totally different criminal investigation at a different address and involving other suspects wanted for a crime dating from August The CNDH investigated the use of the warrant, declaring it "reprehensible that [through] fictitious reports and criminal investigations unrelated to the case in hand, attempts should be made to deceive the judicial authorities in the hope of remedying a deficient investigation and obtaining the necessary orders by these means.
According to the detainees, police tightly handcuffed them, kicked and beat them, moved them into a large van or truck, and took them to an airport.
At least four of the detainees were tortured in the hours immediately after their detention. I saw approximately twenty of them. They subdued us, handcuffed us, threw us on the floor, punched and kicked us, and beat us with boards and electrical cable. They put us in the back seat of a car and took us to a dead-end street.
Introduction
They covered my mouth with a rag and put mineral water up my nose. Later, at a location Castillo could not identify, police beat him, again forced mineral water up his nose, shocked him with an electric baton, and covered his head with a plastic bag, which almost asphyxiated him. Left alone in a room for several hours, Castillo could hear other people being tortured in an adjoining room; police told him that the sounds he heard were made by his friends.
At the airport, an officer who was addressed as "colonel" put a pistol to Castillo's throat, questioned him, and threatened to apply the "law of the escapee," by which he apparently meant that he would shoot Castillo as if he were trying to escape. Blindfolded, the prisoners were taken by plane to a place they believed to be Campo Militar No. According to Castillo, an official beat him and threatened him, saying that he would be released if he signed a statement but would be dunked in a tank of water if he did not.
The interrogation lasted about one half hour. Officials took him to a large room that had a typewriter in it, removed his blindfold, and made him face the wall. He signed papers that he could not read and was taken back to his cell. When in his cell, loud music made it impossible for him to sleep. The detainees have recanted their initial statements, which they allege were obtained under force.
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On February 10, they were transferred to the Reclusorio Norte. The prisoners denied receiving medical examinations prior to their arrival in Campo Militar No. The detainees said they received their first thorough medical examination when they arrived at the Reclusorio Norte. The CNDH concluded that the detainees "were subject to physical and psychological torture designed to obtain information about the EZLN and to get them to sign self-incriminating declarations.
In ordering that the seven detainees stand trial in February, the judge made two arguments to dismiss their retracted confessions and allegations of torture. First, he held that there was no proof that the injuries recorded in medical examinations were sustained while the seven were in custody.
Second, the judge stated in ordering in his indictment that, even supposing that torture had taken place, the confessions would not be nullified. He cited Mexican jurisprudence in reaching this conclusion:. In no way would they [sic] be sufficient to come to a conclusion other than the one arrived at. And if, as has been said, some of them showed signs of beatings on different parts of their body, this, given the accumulation of proof that exists against them, would not be at all relevant to destroying the causal link established between the conduct laid out and the criminal event of which they are accused.
The retractions should not be given value on the basis of the alleged unconstitutional acts in which the apprehending agents probably engaged. Given the principle of procedural immediacy, their first depositions are the ones that should take precedence over their later ones, because they were given closer to the time of the facts and without sufficient time for thinking about them or electing what to say. On October 16, a different judge threw out the charges of terrorism, criminal association, and storing arms and explosives, arguing that the Office of the Attorney General had not proved its case.
The National Human Rights Commission, which recommended that the state attorney general investigate the torture it documented, had no information that such an investigation had even begun by the time this report went to press. The government of Mexico should investigate the torture and beatings reported by the detainees, the denial of medical treatment, and the possibility that they were held at Campo Militar No.
The government should also investigate the CNDH's findings that agents of the Office of the Attorney General tried to report the medical condition of the detainees. In addition, the government should draft legislation to ensure that testimony given under torture will be rejected. At approximately p. According to their testimonies, they were forced to sit for hours. They were not held strictly incommunicado, since they were allowed to phone their home, but they were clearly held under duress. She was told that, if she persuaded her son Francisco to surrender, she would be allowed to accompany the police agents to their home so that Francisco could see that she was all right.
At about p.
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She told him that she would accompany the police. Nonetheless, at about p.