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Letter soliciing intervenci?del President of the Comisi?Nacional of Human rights

Oaxaca, Oax., December 2 of 2003
Subject: Intervenci?/div is asked for >

C. Dr JOS?LUIS SOBERANES
PRESIDENT OF THE C.N.D.H.
MEXICO, D.F.
P R And S And N YOU.

Those that we subscribed, members of the organizing meeting of Popular the Ind?na Council of Oaxaca "Ricardo Mag Flowers? CIPO-RFM, with address to receive notifications in the street of Emilio Carranza 210, Sta. Luc?del Way, Oaxaca, with all atenci?nos we allowed to inform to you that the members into ours organizaci? as communities or people constantly are harassed, threatened of death, it is tried to assassinate them and in several cases they have killed them without justice becomes.

Between all these cases it emphasizes the one of our brother Mixteco Ra?Gatica, who has been representing of ours organizaci?en the position of General Coordinator, adem?de to be poet, (with state and national recognitions) professor, defender of the human rights and the towns ind?nas, s?omo promotional and founding of diverse organizations of social and civil Human rights, ecol?cas, being at the moment outstanding member of ours organizaci?

Our brother by his social activity and in defense of the human rights has undergone much violence, and the its children: attacks at hands of the governments, polic? paramilitary groups and of being able in the state. It has m?iples wounded in all the body, of m?notorias: a shot in the right side of est?go, 2 fractured ribs, a disc of the affected spine, r?la left injured and a permanent scar in the superior lip. It has been jailed arbitrarily 12 times, in the 2 haltings that go of d? until the 4 months, defendant of resistance to the authority, injuries, da?en other people's property, robbery, asociaci?delictuosa, mot? blockade to the v? of comunicaci? etc..

Missing and tortured Tambi?fue during a d? the 18 of April of 1998, during the period of governor Diodoro Carrasco Altamirano, and although the Comisi?Nacional of Human rights, CNDH, emiti?a recomendaci?26/99, never castig?ealmente to the people in charge of the fact.
Our brother it is constantly blamed to him to be integral of the armed groups that operate in pa? already of the EZLN, ERPI, EPR, etc. But from May of 2003 the government of Jos?urat has increased persecuci?hac?el, v?hostigamiento, threats of death, attempts of murder, etc., having used so much the average f?cos and polic?os like psicol?co and morals. This situaci?nos oblig? to maintain it hidden for its security, because m?iples evidences make us suppose that they try to assassinate it.

The previous descripci?general tries to give a visi?general him of which it has undergone and it undergoes our brother and, for greater detail we expose the following thing to him:
1. - In 1983, when it participated in the Popular Unit Tlaxiaque?(UPT), the state polic?preventiva and the judicial one agreden it, next to other people, during a protest in front of government palace of Oaxaca. Governor Pedro V?uez hab?ordenado Colmenares the evacuation of those who protest?mos.
2. - The 9 of April of 1985, being integral of Unidad Popular Mixteca (UPM) the polic?estatal destacamentada in Tlaxiaco agrede and stops because it was coordinating a march caravan to the City of Oaxaca. From these dates crimes are dictated?enes of aprensi?por sinf?de to him that never have committed: kidnapping, gives? in other people's property, robbery, injuries, mot? asociaci?delictuosa, etc., that single the social protest of the organizations has allowed him to follow in freedom.
3. - In 1986, during the carnival of March, in Putla of Guerrero, Oax., gunmen to the service of Melchor Alonso they try to kill it, because it coordinated recuperaci?de earth in Uni?Nacional Drip jar. Of this 5 members of the assassinated UPM situaci?resultan and Ra?Gatica is with roz?de bullet in the left side from estomago. The earth finely were gained because demostr?ue the leg?mos er?los farmers due.
4. - The 18 of October of 1986, the night previous to the arrival of governor Heladio Ram?z L?z to Tlaxiaco, Oax., a patrol of the polic?judicial of the state, acompa?os by casique local, Hildebrto L?z, known like mill? it stops to our brother next to other 6 members of the UPM. Despu?de to strike them and ba?los with water fr? they throw them to cuerto that it works of cell within the Municipal Audience. The temperature of Tlaxiaco in those dates is of until less 5 degrees.
5. - The 17 of May of 1987 in Putla of Guerrero agreden it and harass different polic?os bodies, as?omo of municipal president Mauro Arming Safe. Expresi?de the violence against is 2, attempt of murder that commits to the height of the denominated place "Field to him of Aviaci. Raz?es because earth in the Field of Aviaci coordinates recuperaci?de? The earth are gained later.
6. - The 13 of December of 1987 by 3, ocasi?intentan to assassinate it in the Level community of Great Zacatepec, Putla. One identifies like authors to gunmen of the caciques and talamontes of the place. The cause is to organize the defense of the forests and to prevent the extracci?clandestina of wood.
7. - The 3 of June of 1988, due to their participaci?comunitaria in Tlaxiaco, during the electoral efervescencia against the PRI, the polic?estatal stop it when leaving an assembly. It is accused of gives? in property other people's and stopped by such crimes. Despu?porque is released to two weeks the prosecutors never appeared and acusaci?nunca existio.
8. - The 23 of March of 1989, due to its position like union representative of the Baccalaureate Pedagogico de Etla, Oax., the polic?judicial of the state stops it on the street of Suarez Pine, Oaxaca center, defendant on attempt of robbery and injuries. Of inmedito it is transferred to the separos of the Red Cross and incomunica him. He is released thanks to that he manages to shout and a person warns her compa?os, that despu?como students, family parents and workers exert presi?
9. - The 27 of January of 1990, ind?nas of the Popular Unit Mixteca are evacuated by polic?y pri?as of the Delegaci?Regional de Gobierno in Putla, when it was protested against Mr. Maceda, regional delegate of government. The balance was of 10 wounded, among them Ra?Gatica with that polic?se ensa?y despu?remiti? c?el.
10. - The 9 of July of 1991, integral ones of the Comit?e Defense of the Rights of the Town, CODEP, organizaci?de which is representing Ra?Gatica, are evacuated of the municipal palace of Putla by the polic?preventiva. The crime was the exigency of which the abuses of the municipal authorities stopped. There are 13 prisoners, among them Ra?Gatica.
11. - the 9 of February of 1992, d?antes of the arrival of governor Di?ro Carrasco Altamirano to Putla, the house where viv?es balaceada. The investigations never were realizar?pese that several neighbors of the place saw that the polic?judicial realiz?isparos with direcci?a their house.
12. - Of the 19 of April to the 30 of November of 1993, it is harassed to him in his address with firings of an?mos, firearm, dot in poblaci?e church, where they involve to p?oco Jorge P?z Garc?diciendo: "OUTSIDE RAUL GATICA And The PRIEST COMMUNIST DEMON" RAUL GATICA, ALREADY I LOAD The CHINGADA To YOU ". Tambi?se makes a call p?ico, with loudspeakers, to poblaci?para that they expel it from the Normal School Experimental "L?ro C?enas" where worked. All this is headed by President Municipal and the distrital delegate of the PRI, Jos?olano, m?conocido as "Che spins a top". Tambi?una is added campa?radiof?ca and period?ica of calumny and lynching.
13. - 2 of January of 1994, when leaving their weekly program of radio, in the powerful one, right in the center of Putla of Guerrero are stopped by the polic?municipal of the place. It is struck and again movilizaci?de students, parents of family, professors and ciudadania in general, who in hours mobilize themselves multitudinal, logr?que Ra?Gatica obtains its freedom Since of one week of unjust confinement.
14. - During the rest of a?1994 and until 1995, it is watched permanently. Polic?lo follows all the places where it attends: work, the premises of organizaci? communities, union, etc., their smaller children are interrogated in diverse occasions.
15. - The 17 of Julio of 1995, pri?as is object of a agresi?masiva at hands of near 200 when sal?de the Delegaci?Regional de Gobierno, place where the sostendr?mesas CODEP of work with the state government to find soluci?a communitarian demands. The president and ex- president municipale that directed agresi?fueron it: Salvador Branches Salazar and Rogelio S?hez Cross. Ra?Gatica I am with two ribs fractured and diverse injuries in all the body.
16. - From the 26 of August of 1996, in the occasion of aparici?del EPR in Tlaxiaco, Oax., persecuci?de begins diverse police bodies against Ra?Gatica. The government of Diodoro Carrasco is empe?en to tie it with the armed groups. The ej?ito, the federal and state polic?judicial smoothes their address where when not finding interrogate it of violent way to his mam? dem?familiares, including one ni?de 4 and ni?de 5 a, nephews of Ra?Gatica. One harasses v?medios to him of comunicaci? radio and presses b?camente, vincul?olo with diverse guerrilla organizations. In this period it is when but penal processes get rid to him.
17. - In June 3 of 1997, as opposed to the palaci?unicipal of Putla of Guerrero, the polic?Judicial stops it accusing it of robbery of veh?lo. Intervenci?espont?a of hundreds of citizens, the secretary and municipal president of the place obtains its liberaci?horas despu? Later investigaci?arroja that nonexist?tal crime.
18. - 11 of December of 1997, is prisoner, without order of aprehensi? by the polic?municipal, along with Maximino L?z L?z in the shores of r?Atoyac, Oaxaca. The reason is that parec?sospechoso to take to putting one chamarra green olive tree. It is injured in the face because it is struck and they apply lacr?genos gases to him to the being transferred to c?el located to a flank of the Church of the Solitude.
19. - 18 of April of 1998, in Tuxtepec, Oax., being already coordinating general of Popular the Ind?na Council of Oaxaca "Ricardo Flores Mag? CIPO-RFM, is stopped without order by prehensi?y with luxury of violence by the polic?preventiva of the state, judicial state and federal, adem?de integral of ej?ito and national security. Detenci?es next to 70 people m? He is separated of demas stopped and disappeared by 24 hours to be tortured psicol?ca and f?camente. The torture leaves two fractured ribs him, injured the spine and the left knee, adem?de gives them? psicol?cos caused by the murder maneuvers. (FILE no. CNDH/122/98/OAX/2167, that in the end was translated in recomendaci?26/99.)
20. - During the permanence in c?el of Ixcotel, Oaxaca: of the 20 of April to the 13 of August of 1998, in spite of his injuries, it is located to him later in cells of high danger and, by to have made a meeting in c?el, commanded during 29 d? to cell of punishment, the call "bull".
21. - From the 1 to the 22 of 1998 July it makes hunger strike to ask for the freedom of 4 of his compa?os. During the same one it is harassed by the director of the penitentiary, guards and prisoners of the cell # 15, populated by prisoners who before have been polic.
22. - 29 of January of 1999, in the city of Oaxaca, Oax., stop to him for a moment,
but the existence of equ?co t?ico, when being the order of aprehensi?a name of Luis Ra?Gatica Baptist, and the efficient defense of the lawyers causes that it leaves immediately.
23. - The 15 of April of 2000, to a block of his house in San Isidro Nuns, a group of people tries to assassinate it next to his son INTI GATICA being been both hurt lesionandos with of 7 and 12 cent?tros in the head. One of the aggressors was identified totally and the investigaci?posterior demostr?ue was Arming Arguelles Arrazola, polic?judicial of the state and member of the base of operaci?mixta located in Loxicha, in agreement is denounced in the AV. PREV. 682/PJ/2000 and complains the same date. To Elfego Canseco Arg?les and Miguel Arg?les Palaces, indentificados they tambi?en the investigations, they imposed un month to them of prisi? That it was replaced by the amount of $294,30 pesos. The amount of $817,50 pesos by reparaci?del gives? To date they polic?siguen in active-duty. The previous thing is established in penal cause 05/2001 of the Court Sixth of the Penitentiary in the city of Oaxaca.
24. - The 19 of 2001 July, to the height of San Miguel Sochixtepec, Miahuatlan, Oax., return to try to assassinate it unknown people along with when it traveled on board of one suburban red, 3 members m?de ours organizaci? The facts were denounced opportunely in Averiguaci?Previa 242/2001 without to date it has occurred with the guilty nor know the results of investigaci?
25. - 2002, 26 of February: it appears underneath the door of the house of the CIPO-RFM, in street Emilio Carranza 210, Sta. Luc?del Way, Oaxaca, a document sealed by the municipal authority of Tanetze de Zaragoza, threatening that and buried ser?olgado, embarretado Ra?Gatica alive.
26. - 6 and 7 of March of 2002: Jacobo Ch?z and its paramilitary group, in the radio, TV and peri?cos return to threaten of death to ours compa?o.
27. - 12, 13 and 14 of March of 2002, v?tel?nica one return to amenazrlo but now it includes Reyna P?z Hern?ez, as it settles down in the denunciation: (AV. PREV. 52(FM)/2002). There are no results either on the matter.
28. - 21 of Julio of 2002, in the Crucesita Huatulco, while it made an assembly of the CIPO-RFM, is stopped 5 members along with m?de organizaci? In they detenci?participan the judicial polic?preventiva and of the state; the federal, sailors and until firemen, who with violence luxury, without order of aprehensi?y acusandome of despoliation send me jail of the place.
29. - The 28 of Julio of the 2002, in the denominated place "Dining room", of the municipality of San Miguel Aloapam, paramilitary directed by President Municipal of the mentioned municipality, Conrado Garc?Cruz place in ambush to ours compa?o along with Fernando Torija, Carm?P?z and Janet Hern?ez, with clear intenci?de to assassinate it, as it needs in the penal denunciation before the PJE of date 28 of Julio and in the complaint before human rights: CEDH/737/(08)/OAX/2002. Our brother ten?dos d? of assembly in the community.
30. - The 4 of March of 2003, in the offices of the Federal Agency of Investigations, when leaving to do one declaraci?contra the paramilitary ones, without order of aprehensi?se tries to him to stop. We know that they follow processes to him 365/SC/1993, 292/PG/1994, 300/VT/1994, 301/VT/1994, 4040/SC/1996, 35/TEP/1998 and 216/PG/1999 of the law com?y 3 of the federal law.
31. - Presumably the 23 of May of 2003 at night not known entered their house, we deduce that tie with the Government and groups of being able in the State reason why they did not rob anything and single they destroyed. Then s?do 24 of the same month and a?cuando occurred to account encontr?us books, casetes, destroyed clothes and dem?documentos, and were the careful to order some magazines process where she appears a person being shot, other than speaks on the Plan Puebla Panam?ebajo of a black parasol and a book of the fight farmer of Guerrero and Oaxaca. As far as foods, they opened the canning and they sprinkled them of fluorescent orange painting like milk. They threw the clothes of bed and to dress on?oles and the ceiling the house; fotograf? where Ra?Gatica appears were broken and on the bed they placed fotograf? of dead fish; they broke both tel?nos; they left excrements human in rechambers it, two messages of its son Inti Xinemi Gatica Mart?z, who tambi?ha harassed, attacked and jailed several times; the interior of the refrigerator, the cups, plates and spoons painted with fluorescent aerosol color orange, the mirror, the cup of ba?y a wall. We gave warning to the Procuradur?General de Justicia of the State, nevertheless?a took part despu?de many hours. Av. Prev. N. 413/CDA/2003.

D?25 of May, while limpi?mos the house of the destructions, we discovered in the floor, underneath all the things of the room, a skull of approximately 80 cent?tros by a meter with the name of RAUL and in the floor of it rechambers it, underneath the things, a cross of 60 cent?tros by a meter approximately, that DEC?
THESE DEAD. Of this inform? the Procuradur?de Justice of the State and pidi?a arrival of experts but said that not pod? to go. We filmed it and we erased despu?
?co that the "thieves" took were documents of the organizaci?(resolutivos of the assembly of the celebrated CIPO-RFM from the 10 to the 14 of April of a?2003), the effective passport and its birth certificate, a directory of contacts and several disket of 3. and CD with informaci?diversa. They not even took ning?objeto from value $ 879,00 that were at sight.
D?26 of May we went to extend the denunciation in relaci?y we realized that the report of inspecci?ocular practiced ten?muchas and important absences.
At the moment at which descubri?o happened, telef?camente we informed to the Comisi?Estatal of Human rights on it, nevertheless did not respond to our call. The 26 of May we appeared to the Comisi?donde informed to us that not hab? initiate no complaint because only hab? received a call telef?ca on the matter and requested to us that the complaint the present?mos by means of writing, violating with such criterion established in the Law and the Internal procedures of the same Comisi? Present?n written d?26 of May where one occurred to know the facts, nevertheless as precise it were not directed specifically to the President of the Comisi?no gave tr?te him necessary. D?27 we presented/displayed the writing as they asked for it, at the same time annexing a videotape with im?nes of the state in which was my house.
The Comisi?Estatal of Human rights us coment?ue not to pod?tomar measures with the Procuradur?en relaci?a averiguaci?previa N. 413/CDA/2003 where it is had denounced?os facts until in as much passed the 3 months that the Law marks we clarified to Them that it exists in procuradur?la Averiguaci?Previa 52(F.M.)2002 where the threats done to compa?o RAUL GATICA and REYNA PEREZ were denounced and that has passed in excess the t?ino for them actuen and they have not done it. All these facts build in file N. CEDH/CA/236/01/OAX/2002.
The 2 of June, at night, we communicated to the Comisi?para that informed to us into the advances that our complaint has; and despu?de to insist says, to Lawyer Car it Magno P?z Branches to us, that radic?on n?ro 590/2003 and that us requiri?sin that has notified to us, so that we mention with everything precisi?el name of the civil employees implied in the facts that reason gave to the complaint. Did not occur m?informaci?toda time that? Solicitor has not given contestaci?a the solicitd thing by the Comisi? To grief that has been insisted so that to our brother they are granted to him measures you will never prevent has become.

32. - 18 of 2003 July, near the source that est?bicada in the Tree-lined avenue of Le?de the city of Oaxaca, in the occasion of movilizaci?de several social organizations, 2 people began it to se?ar, one dress of polic?y another one with cap species of pasamonta, levant?a sweater shirt and coat a firearm and perfil?acia Ra?Gatica, reason why corri? where she was people and denunci?ublicamente what happened. Reyna P?z, Elizabeth P?z and Paschal Ricardo persecuted to?as person to film them but they could not reach them in virtue that cycled and they went away. ?timamente it has been seen individual?os c? part of the special forces of the state, mounted in a white motorcycle. These facts were denounced to the Procuradur?General of State same d?y consist in averiguaci?previa 6266/SC/2003.
33. - 17 of October of 2003, during the stay in plant?que the CIPO-RFM we have installed in front of government palace, a pair of people between 20 and 22 a? they approached when it was on the verge of approaching veh?lo and, with the pretext to request to him that it was in the service to them of taxi, tried to remove something of his clothes, that pudireon not to make because moments before our compa?os surrounded to them and them preguntaon that quer? with me, then both individual they ran and we could not detenener to them. The detail was that these individuals hab? state from hours before in a corner and not hab? approached until our Ra?Gatica brother present?br > 34. - In month of October of 2003, in dates that later we will need, Miguel To Cuellar Eyrie, adviser personal of governor Jos?urat, one ocasi?en Oaxaca and again in D.F.le lets to know, to our brother v?telef?ca, that the things estan very tense with, which the best thing is than it retires with the family, who this worried because if commanded To stop Toimil is because there is much annoyance in the government against, which is important to know when one must retire by health. Miguel To express Cuellar that all dec?como friend and who not goes to denounce it. In first they ocasi?escucharon by interf?Cesar Chavez and Crisostomo P?z Cross and in the second Garc?Garc Daisy?
35. - Combined previous the government of the state of Oaxaca campa?de has implemented one average to calumnar and to discredit to the CIPO-RFM, particularly to ours compa?o, like aconteci?on difamaci?publicada to trav?del daily of circulaci?nacional the Day d?20 of June of 2003, where the coordinator of comunicaci?social of the government of the state Carlos Velasco, affirms that to recibi?or RAUL GATICA part of the administraci?local and federal the amount of $2, 805.583 00, with?mo to put it to the scorn of the people. As the previous thing is false and as much defames the honor of organizaci?como of ours compa?o, denunci?nte the Procuradur?General de Justicia of the State and registr?ajo averiguaci?previa 1118/PJE/2003 without until the moment the author of the calumny is presented/displayed to prove such afirmaci? These false aseveraciones have been rertomadas by local newspapers, broadcasters and television transmitters to despretigiar and to offend our brother.
All the d? they leave notes that agreden, defame as much and slander to the CIPO-RFM in periodic, radio and televisi? where the center of the aggressions is Ra?Gatica, arriving at such degree agresi?que in individual unfolded, of flat completes, paid by the great companies of Oaxaca, asks the government of the state my detenci? Vgr. June of 2002 and 11 of September of 2003.
36. - D?20 of November of 2003, while repart? intelligence documents, two members of the CIPO-RFM, to the height of the street independence were intercepted two people dressed civilian, fornidas and haircut military type, that asked for the whereabouts of Ra?Gatica and when answering that they not sab, the two persons in threatening form let them know that although our brother hid already they hab? decided to kill it. This tambi?lo we denounced.
37. - Another form of fright is the fact that the competent authorities like the Agents of the P?ico Ministry, General Solicitor of Justice of the State, Secretary of Government of the State and the own Governor, not act? in the sphere of its competition to clarify the facts where the risk is put the life of our brother. This makes suppose that the orquestadores the aggressions are the civil employees of first level of the state, m?porque, when we do the se?amiento to them as responsible for these facts resort to the threat of which the representatives of the CIPO-RFM we have several?enes of aprehensi? as much of the law local as federal, and that if we insisted on declaring against of the government we rely on the consequences. We have because the founded fear of which at any time they can injure, stop, disappear and to even assassinate our Ra?Gatica brother.
All the previous one is of the knowledge of the Comisi?Nacional of Human rights, that extra?ente when the complaints appear to him, without m? it sends it to the Comisi?Estatal of Human rights of Oaxaca to that alludes like the competent one, a?cuando in these est?involucrados facts members of the ej?ito and National Security, we have argued verbally before the CNDH that can interveni because we have complained atenci?de the comisi?estatal and because adem?lo related to defenders of human rights, as it is the case of Ra?Gatica, is of national competition.
Before this situaci?a you we solicitd:
a) It takes us by made our complaint by the irregularities of the CEDHO in relaci?a the aqu?encionados cases and it attracts to give them him pursuit in this national instance.
b) Otorgue measured you will prevent for our Ra?Gatica brother and his family, in order to guarantee its life and integral health.
c) of pursuit to the two recommendations that in relaci?al CIPO-RFM has the government of the state, the 26/1999 and the 15/2002, first into the CNDH and second of the CEDHO, asi like inquires us into the related one to the 16/2002 of the CEDHO that says exists but we do not know.

Kindly.
By reconstituci?y it frees asociaci?de the towns
By the organizdora meeting of the CIPO-RFM

DOLORES VILLALOBOS C.
LEONOR HEREDIA SEA?

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