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Sierra Club History
International Campaigns: Mexico

Mexico's National Human Rights Commission Recognises Human Rights Violations Against Environmentalists Rodolfo Montiel and Teodoro Cabrera

August 10, 2000

On July 14, 2000, the Mexican government’s National Human Rights Commission (CNDH) concluded that human rights violations were committed against environmental activists Rodolfo Montiel and Teodoro Cabrera. CNDH Recommendation 8/2000 made the following conclusions:

  • The Mexican Army illegally detained Montiel and Cabrera for at least two-and-a-half days without justification;

  • Montiel and Cabrera were tortured by soldiers (Second Infantry Captain Artemio Nazario Carballo, Second Infantry Sargeant Calixto Rodríguez Salmerón, and Infantry Corporal José C. Calderón Flabiano);

  • Montiel and Cabrera were not armed at the time of their arrest;

  • The evidence against Montiel and Cabrera was planted on them by soldiers; and

  • Residents of Pizotla were victims of intimidation and illegal searches and seizures.

The CNDH concluded that the detention was illegal because, in accordance with Article 16 of the Mexican Constitution, the soldiers should have placed Montiel and Cabrera immediately in the custody of the Public Ministry. Instead, the soldiers did not inform Public Ministry agents present in Pizotla of the arrest, and transferred Montiel and Cabrera to the 40th Infantry Battalion’s base in Altamirano, Guerrero.

Likewise, soldiers did not immediately turn over the drugs or weapons allegedly confiscated from the environmentalists, as they are required to do under the Federal Code of Criminal Procedure, leading the CNDH to conclude that the drugs and weapons were planted on Montiel and Cabrera after their detention. The CNDH also concluded that the soldiers’ accusations that Montiel and Cabrera were arrested for illegal weapons possession to be contradicted by a report from the 35th Military Zone Commander stating that the confiscated weapons were found during a search of Pizotla residents’ homes.

The CNDH did not, however, insist that the investigation into the allegations of torture by soldiers be carried out by civilian authorities, as required by Article 13 of the Mexican Constitution.

A recent medical examination of Montiel and Cabrera performed by Physicians for Humans Rights Denmark also concluded that the environmentalists were tortured. They found that the physical findings are consistent with the allegations of the time and methods of torture suffered, leading to the conclusion that the torture must have taken place at the times and in the ways described by the environmentalists.

Please contact Mario Patrón (mpatron@sjsocial.org) if you would like a copy of CNDH recommendation 8/2000 (Spanish only) or the report by Physicians for Human Rights Denmark (English or Spanish).


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