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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 governments 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 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 Battalions 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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