_ Sta. Lucia 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 subscribe, member of the Meeting
Organizing that not yet have be prisoner, by this conduit him make
arrive our complaint against the Governor of the State Jose Murat
Casab, Celestine Alonso Alvarez, Secretary General General of
Government, Ulises Ruíz Ortiz, presumed governor elect of Oaxaca;
_ Jose Manuel Side Saline, Manuel Brown Rivas, Aristeo Lopez
Martinez, all civil employee of first level of the state of Oaxaca, as
well as against the Agency Federal of Investigation, AFI, and to the
delegate state of the Office of the judge advocate general General of
Republica, President of the Commission State of Human rights of
Oaxaca, and against all those that organize, order and execute the
violation to our human rights.
_
_ the previous because not be the first occasion in that us
repress like person, organization and community, as demonstrate with
the following
_ I.-DATOS OF THE ORGANIZATION
_ the Council Indigenous Popular of Oaxaca
“Ricardo Flower Magón” _ CIPO- R.F.M. be a
organization of community defending of the right of the town
indigenous in the State of Oaxaca. _ us form the 17 of November
of 1997 and appear public the 18 of the same month and year vindicate
the free association and coexistence of the town, the work collective,
the aid mutual, the autonomy in a word.
_
_ the organization this integrate by Chatinas/os, Triquis,
Chinantecas/os, Mazatecas/os, Mixes, Mixtecas/os, Cuicatecos,
Tacuates, Zapotecas/os, Negras/os and Mestizas/os, muchachas/os,
niñas/os and abuelitas/os; _ campesinas/os, obreras/os, band,
student, artist, anarkopunk´s, comuneras/os, teacher, curanderas/os,
etc., that without distinction of age sex, belief religious, level
educative, office, occupation, preference sexual, color of skin or
language, have join to contribute what each one have: _
experience, capacity, will on watch, desire and effort to find his way
of liberation.
_
_ in term general the CIPO-RFM have like intention:
· _
_ promote that the town and trabajadores/as organize of way
libertaria, although not it make with the CIPO-RFM.
· _
_ spread, promote enable and defend organizadamente the human
rights: _ social, economic, political and cultural of the town
in general and the one of las/os indigenous, the woman, las/os
minusválidas/os, las/os niñas/os and las/os migrantes in individual,
as well as the right collective like town.
· _
_ develop in the fact the Autonomy, autogestión and car
organization of the town and community, as form concrete of liberation
of our town.
· _
_ advise, support and accompany to the community, organization
and individual indigenous, that fight by the reconstruction and free
association of the town ask for our support.
· _
_ impel the development integral of our town, native or no, with
project productive, of commercialization, industrialist, of export and
sustentables: _ premises, regional and state, take care of,
rescue and conserve the ecosystem of our community.
· _
_ revalue the cosmovisión and form of coexistence,
organization, work, production, science, and all the expression
cultural of our community
· _ make investigation, documentation analysis and
diffusion of the movement and fight social local, regional, state,
national and international, that by his importance, importance,
impact, innovation or experience, support the process organizational
of the town and elevate his taking of conscience.
· _
_ defend, promote and spread the care of the ecosystem and
resource natural.
· _
_ stop the militarization, repression and all form of
authoritarianism, to make now and with which have, the society of the
morning, where the autogestión, the autoorganización, and the
support mutual be the base.
· _
_ develop system of communication communitarian: _ radio.
_ TV, Internet, periodic, etc.
_
_ within our activity that develop this the attention to the
problematic AGRARIAN, ECOLOGIA, CULTURE, COMMUNICATION, WOMAN,
PROJECT, Human rights, MANAGEMENT COMMUNITARIAN, QUALIFICATION and
SUPPORT, JURIDICO, MEDICINE, YOUNG PERSON, EDUCATION.
_
_ in order take care of all these aspect have area of work:
_ qualification, Legal and Human rights, Agency, Communication
and diffusion, Ecology, Project, Connection, Culture and
investigation, Woman, Young person, Coordination General, Finances.
_
_ II) ANTECEDENT OF REPRESSION
_ ever since arise since organization have suffer
infinity of aggression, of which have give account always to the
institution in charge distribute justice, to the defender of Human
rights, state, national and international, next a summary of the more
significant:
_
_ YEAR 1998
_ 1. _ the 18 of April of 1998, in Tuxtepec,
Oaxaca, the day that initiate his campaign for governor Jose Murat, be
governor Diodoro Carrasco Altamirano, in a manifestation pacifica
outside of the office of the Sub-procuraduria Regional of Justice of
the state in that place, demand the freedom of native imprisoned, when
to the one in the morning arrive surprise 500 police judicial and
preventive, shoot and use pump deafening and of gas tear in against
ours. _ the same passage in Putla of Guerrero, Oaxaca, to the 5
in the morning.
_
_ as result of this action be stop 106 person, between woman,
boy and old. _ to all us take to the State Capital de el estado,
hurt and moor like animal.
_
_ to our representative it strike wild and to one of them, RAUL
GATICA it isolate of everything, it take to a place where not it watch
anybody, so that the own assistant attorney general Frame Tulio Lopez
Escamilla it torture. _ the same him stick with a rifle in the
back, the testicle and leg so that me put of knee and him ask pardon a
the government.
_
_ the assistant attorney general and four police judicial that
it remove with course not know and that later identify like cane
plantation by the wagon course to Matías Romero Oaxaca, there it
threaten: _ “vamos
_ to break him all the mother to your family Indian
pendejo” _ soon, him put a pistol in the head and the
assistant attorney general order: _ “mátenlo”.
_ our brother say that close the eye and listen to a firing.
_ the maneuvers of homicide him cause shock and single return to
the reality when other police him strike.
_
_ as a result of that our brother representing be left with
fracture in the rib of the side left, me injure of the spine vertebral
and the leg left, as it can see different doctor, including the one of
the penitentiary. _ aside from him at least 40 person more be
with diverse injury in the body.
_
_ in the way to Oaxaca, the commander of the Policia Preventive
simulate a attempt apply us the law flight, while begin to practice
the shot to the target.
_
_ in Oaxaca, during 24 hour to all the prisoner not them give
water, food, nor either attention medical and RAUL GATICA be missing
approximate 10 hour, later denounce the existence of jail clandestine
in the Airport of Oaxaca.
_
_ in the jail of Ixcotel place to the prisoner in a cell of 6 x
8 meter, where be a total of 89 lengthy. _ during 2 day not let
leave to the wounded to receive attention medical. _ and RAUL
GATICA not can leave nor be take care of medical during 29 day because
be punish when the make a meeting the first day of his halting.
_
_ the 3 of June of 1998 RAUL GATICA BEGINNING a hunger strike de
hambre to demand the freedom of the prisoner in Tuxtepec. _
during the 21 day that last the strike be insult, attack and
intimidate by the director of the penitentiary, ex--police imprisoned
and by the own president of the Commission State of Human rights,
Evencio Nicholas, who demand retire the accusation present before the
Commission National of Human rights, against the governor, the
Secretary General General of Government, the solicitor and the
assistant attorney general of justice of the State, as well as to the
body of police, by torture, injury and attempt of homicide, him say
textual: _ "if not it beam, I personal me make position of that
never leave of the jail".
_
_ of all this act repressive the CNDH emit the recommendation
26/99, against the government of the state of Oaxaca, but to date not
have fulfill nothing.
_
_ YEAR 2000
_ 2. _ the 4 of May of 2000, the observatory
for the protection of the Defender of the Human rights, program set of
the FIDH and of the OMCT, ask for his intervention urgent with regard
to the risk that run the life of the Prof. Raul Gatica Baptist leader
of the Council Indigenous Popular of Oaxaca “Ricardo Flower
Magón” _ CIPO-RFM, ref: _ 004/0005/OBS 033
Threaten/harassment MEXICO.
_
_ YEAR 2001
_ 3. _ the 26 of January of 2001, Amnesty
International Internacional send action urgent by new act of
intimidation to member of the CIPO-RFM:
_
_ PUBLIC Index AI: _ AMR 41/005/2001/s
_ AU 21/01 Fear by the security 26 of January of the
2001
_ MEXICO Inti GATICA MARTINEZ (smaller), Raul GATICA,
his father (defending of the right of the native) Member of the
Council Indigenous Popular of Oaxaca “Ricardo Flower
Magón”
_
_ the police be look for to Raul Gatica, defender of the right
of the native, and have threaten with stop to his son, a minor.
_ Amnesty International Internacional feel preoccupation by the
security of both, as well as by the one of the colleague of Raul
Gatica in the organization of right of the native for the one that
work, the Council Indigenous Popular of Oaxaca "Ricardo Flower
Magón".
_
_ the 13 of January, a group of agent of the Police Judicial of
the State of Oaxaca arrive to the community of Saint Isidro Nun,
municipality of Xoxocotlan. _ burst in in house of a member of
the Council Indigenous Popular of Oaxaca and ask by Raul Gatica.
_ threaten with stop to the son of Gatica, Inti Gatica Martinez,
that find in that house, if not them say where can find to his father.
_ according to the report, some police have strike to Inti
Gatica some day before.
_
_ 4. _ the 17 of July of the 2001, Gregorio Jesus Holy
Gutiérrez (alias the rooster) Samuel Brown in company of 20 person
smooth the Address of Reyna Perez Hernandez, (integral of the Meeting
Organizing of the CIPO-RFM) locate in old highway to Mount Albán
corner with Valerio Trujado in the street Benito Juárez s/n. _
the day 7 of October also it threaten and the day 11 of October him
rob and leave a note where it threaten of death to her and the other
member of the CIPO-RFM. _ everything Consist in the AV. _
PREVIOUS NO.8928 (S.C.) _ 2001, AV. _ PREVIOUS 1489(SC)
2002 and 149(CDA) 2002. _ to date not have make justice and the
harassment follow.
_
_ YEAR 2002
_ 5. _ the 1º. _ of
January of 2002, be kidnap and torture 46 member of the CIPO-RFM of
the community of Reformation, Yaviche and Yagallo, by paramilitary of
the Council Regional Working Farmer and Urban of Tuxtepec, CROCUT, of
the population of Tanetze of Zaragoza. _ this group be command
to Stop Toimil Roberts, Jacobo Chávez Tinder, between otos. _
after one release fight, profit that the commission state emit the
recommendation 15/200, where recognize the kidnapping, the torture and
others cause by the authority. _ nevertheless not mention the
relate to the Group paramilitary and to the performance of protection
that commit the visitador of the office of the judge advocate general
of justice of the state Erick Heras Velasquez.
_
_ 6. _ the 13 of March 2002, to the first hour of
the day twelve of March of 2002 in the house of the CIPO-RFM receive
in the telephone 51 78190 a call where a voice masculine ask by Raul
Gatica, say that call a friend of the Isthmus. _ him say that
Raul not find, but can leave message and say that nothing else call to
ask him that how have leave of the accident. _ later hang.
_ we not give importance to the fact, but to the five in the
morning receive a call of member of the CIPO-RFM from Juchitan, where
us communicate that have have a accident the companion GAUDENCIO
ESCAMILLA MENDOZA, EVARISTO SARABIA, MISAEL MARTINEZ, JAIME SARABIA,
JESUS and TEODORO, that travel the the Light truck NISSAN.
_
_ during the course of the day, the same voice call to say us:
_ this time except for Gatica because take good driver, but the
next not save and less Stop Chávez and Reyna. _ all this appear
brief in the AV. _ PREVIOUS 52(F.M) 2002. _ this situation
cost the death of Gaudencio Escamilla Mendoza, member of the meeting
organizing of the CIPO-RFM.
_
_ 7. _ the day twenty-two of July of the 2002, be the
fifteen hour with ten minute, while make a assembly in the sector U2-B
of Sta. Cross Huatulco, arrive NORBERTO ARAGON OGARRIO, Receiver
Municipal Constitutional of Saint Maria Huatulco, Police Municipal and
judicial of the state, who without mediate question some, and with
luxury of violence arrest to RAUL GATICA, JOSE RUIZ HERNANDEZ,
FELICITOS MARTINEZ MARTINEZ, GUMERCINCO VALENCIA TORIZ and ELIZABETH
MOON CROSS, as consist in the AV. _ PREVIOUS No. 251(II)/2002
_ 8. _ the 19 of November of the 2002, be
approximate the eighteen hour, when find reunite integral of the
Council Indigenous Popular “RICARDO FLOWER MAGON” _
and community of the environs, with the purpose make a cleaning in the
land that locate next to the office of the Council locate in Apple
six, Lot six, of the Sector U2 B, in Jurisdiction of Saint Cross
Huatulco, when arrive police municipal and people of the group
paramilitary know like “baja mantenimiento” _ and
with luxury of violence attack against our brother and prevent this
cleaning. _ leave injure Victory Ruiz, Asuncio'n Lopez and
Ofelia Insipid Velasquez and stop Elizabeth Moon Cross, Reyna
Gladicenia Soli's and Juan Diaz.
_
_ and mention like direct accuse to Efigenio Ramíez Hernandez,
Norberto Aragón Ogarrio and all the town hall municipal, as well as
to Jacinth “N” _ of the Police Municipal of Saint
Cross Huatulco.
_
_ all this brief in the AV. _ PREVIOUS no. 414(II)/2002,
same that relate with the 2264 (PME) 2002.
_
_ 9. _ the 11 of August of 2002, between 9 and 10 in the
morning, paramilitary of Torch Farmer of San Miguel Aloapam, Attack
with wood, machete, tip and some weapon in the place Ilyhusion, to the
Woman of Saint Isidro Aloapam that find seed Pope. _ destroy one
house that the community of Saint Isidro have in the place. _
the testimony of the woman and that register ACAT indicate: _
"To many us strike, not let say us groserías, in special to the woman
more jóvenes” _ “Un man undo the trousers and us
say that that be what be look for, that for that come the woman single
to the milpa” _ “No stop say groserías and touch us
well ugly ". _ "Me take hold and me push and me kick, until now
be bad my espalda” _ “me throw above of the highway
where be some grass that have thorn, there me throw and me give some
trancazos in the forehead and in the espalda” _ “de
as much scared that be nor me give account of where be my others
compañeras” _ “Alárguense of these earth because
if not it kill ". _ “Pegaron as much to 2 woman that be
throw in the ground that lose his bebés”.
_
_ the paramilitary take to a minor of 5 year, Miriam Alavez
towards the forest, but appear until afternoon, like a the five.
_
_ this aggression leave, wounded of gravity a: _
Merenciana Cross Alavez, Daisy Perez Méndez and Anastasia Alavez
Cross; _ in addition of hurt a: _ Celina Perez Cross,
Rufina Perez Perez, Guadalupe Alavez Perez, Maria Lopez Cross, Eva
Cross Garci'a, Rosebay Perez Cross, Maria Elena Perez Perez, Light
Alavez Perez, Juana Perez Méndez, Yolanda Perez Cross, Francisca
Perez Méndez, Daisy Cross Alavez, Adelaida Perez Cross, Maria Perez
Cross, Jesusita Cross Perez, Agripina Perez Hernandez, Domitila
Méndez, Cross, Sebastiana Perez Alavez, Susana Alavez Garci'a,
Claudia Perez Perez, Vicenta Perez Alavez, Humberto Cross Alavez, Love
Perez Cross, Esteban Lopez Cross, in addition of the minor: _
Emigdio Cross Alavez and Jacinth Cross Perez.
_
_ although throughout the day member of the CIPO-RFM be speak
with the Secretary of Protection Citizen, the Office of the judge
advocate general General of Justice, the Secretary General General of
Government, the Private secretary Particular of the Governor, the
diverse civil employee them assure that already have leave the
security public for the place where it be attack. _ nevertheless
to the place of the aggression never arrive security public some.
_ single 24 hour after the aggression arrive civil employee of
the Ministry Public and the Office of the judge advocate general
General of Justice and transfer to the woman that be in serious state
of health and be take to the hospital, where give a report that
indicate abortion incomplete because of blow. _ (Report medical
Hospital Civil, file: _ 736/2002).
_ also give part to the Commission State of Human rights
who not appear to the place of the fact but up to two day later and
although make the complaint to date not have give a report of which
happen and the paramilitary not have receive no punishment.
_
_ in that same date be kidnap 5 member of the CIPO-RFM of the
community, same that after torture it psychological be send by the
authority municipal to the Ministry Public of Ixtlan, defendant of
injury, resistance to the authority and damage to property other
people's (file penal 129/2002.) _ all these fact be brief in the
denunciation: _ 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 touch
of rock make in the audience locate between Bustamante and Armenta and
Lopez, near the audience of Saint Francisco where the police
preventive, municipal and UPOE strike wild to Erick Zavaleta Red,
Sergio Perez Hawthorn, Crisanto Martinez Gualberto, Rogelio Martinez
Calderón, Elvis Cross Cross, it injure and vejaron. _
everything consist in the AV. _ PREV. _ 5036/SC/2003 and
be alternate until the 12/06/03, although be transact 08/06/2003 with
the number 785/CR/2003 and in the complaint be before the CEDH/664/
(01)/OAX/2003, of which know be a recommendation but not us have
notify.
_ _ 11. _ the day 5 of August of 2003, in the vestibule of the cathedral, while be reunite Antonio Villanueva Feliciano and other 13 young person more of the CIPO-RFM be stop with violence of way arbitrary by police preventive and of the UPOE, defendant of injury stop in some hour leave it in freedom without more explanation, these fact find in the file of complaint. _ CEDH/817/(01)/OAX/2003, also be a recommendation that not have want communicate us, and the same commission deny to give us information.
_ _ 12. _ the 24 of May of 2003 the address of Raul Gatica locate in the street Freedom 8 of Saint Isidro Nun, Xoxocotlan, Oaxaca be smooth and destroy by stranger. _ not take anything, not even money in cash that be in the place, but leave paint the house of color orange: _ the bath, the utensil of kitchen, the food, etc. _ in addition, when the put in order the house, find under the thing two dot: _ a skull with the name of “RAUL” _ and a cross in the firing chamber that with the signboard: _ “estas muerto” _ everything register in the AV. _ PREV. _ 413/CDA/2003.
_ _ 13. _ the 12 of June of 2003, but of 1000 police preventive, judicial, of the UPOE and policeman evacuate with violence to the worker democratic of the union of the three power, to the Codeci and to member of the CIPO-RFM that be in long wait Pacific in front of a palace of government of Oaxaca and 40 dependency more. _ the balance be of 37 hurt and 4 prisoner, in agreement give account in the:
_
_ 14. _ the day 18 of July of 2003, in the occasion
of the protest that make in downtown centro de la ciudad, Raul Gatica
be near the source of the Tree-lined avenue of Leon write up a
document, when give account that two person it indicate, one of them,
with cap species of knitted cap raise the sweater shirt and coat a
firearm de fuego and line up towards him. _ Raul run towards
where find the people and denounce what pass, reason by which Reyna
Perez, Elizabeth Perez and Ricardo Paschal persecute to this one
person to film it but not can reach it because go in bicycle that
another person him have prepare and wait for it. _ lately have
see to this one individual like police of the force special in a
motorcycle white. _ everything consist in the AV. _ Prev.
_ 6266/SC/2003., but that beginning with the number of AV.
_ Prev. _ 1290(PME)/2003, by attempt of homicide.
_
_ 15. _ the 13 of August of 2003 at night, to a flank of
the office of SETRAN several police of transit want take to several
member of our organization, for that point with the pistol to Rosary
Go'mez, Crisóstomo Cross Perez, Reynaldo Fair Hernandez and Reynaldo
Hernandez Fair. _ in the end the woman manage rescue it but not
it save of the blow that them give. _ everything consist 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, make a
assembly general, appear surprise a group of person of Tanetze of
Zaragoza, identify as paramilitary of the CROCUT, strong arm and shoot
against the member of an assembly. _ this aggression leave like
be dead Bartholomew Chávez Room and heridos/as: _ Francisco
Flower Apple tree with 7 impact of bullet: _ 4 in the estomago
and 3 in the leg, Onofre Apple tree Tinder with a bullet in the leg,
Noe Branch Herrera, with two impact of bullet in the foot, Octavia
Tinder Flower with a shot in the knee, Asiel Branch with a shot in the
knee, Anselmo Perez with a shot in the arm. _ Eliseo Márquez
with a impact of bullet to the height of the Roll, Simón Tinder Apple
tree with a shot in the shoulder and in the leg and Arnulfo Marquez
with a shot in the shoulder and another one in the arm. _ all
the wound be cause with bullet of heavy caliber. _ everything
appear in the inquiry previous NÚM. _ 1643/SC/2003, 06 /2003,
2539/S.C./2003, 21/2003, 10070/CS/2002, 329/ FM/ 2002 and the 70/2003
and the complaint of the CEDH: _ CEDH/01/27/OAX/2002,
CEDH/885/08/OAX/2001.
_
_ in the aggression manage recognize and even photograph to the
aggressor, among them ellos to Caesar Toimil, leader of the
organization CROCUT, Hernán Chávez Martinez, Erick Chávez Martinez,
Linen Filiberto Tinder, Equidel Ruíz Cross, Héctor Chávez Martinez,
Elias Chávez Tinder, Victorino Room, Eustorgio Ruíz, among other.
_ nevertheless, the office of the judge advocate general of
justice not act and with that behavior protect to the paramilitary.
_
_ to 9 day of happen, arrive to the community a Caravan of
Observation of diverse organization of human rights find a atmosphere
of tension in the boy, old and woman and the presence of three body of
police preventive of the state, who in his majority be locate in the
center of Saint Maria, special in the school, the church and in the
pantheon. _ the climate that prevail be of fear and sink because
the paramilitary continue shoot to the house and approximate 50
paramilitary have block the entrance of the population. _ the
member of the caravan can be aware that of the community of Tanertze
of Zaragoza listen to announcement by apparatus of sound of voice in
Zapoteco, announce: _ that return to enter the people of the
CROCUT to kill it to everything, which generate much fear in the
population.
_
_ exist test forceful of that the aggression to the community of
Saint Maria Yaviche and to the CIPO-RFM can prevent as it demonstrate
the office of the Commission State of Human rights of date 16 of
October of the 2003, direct to Abel Trejo, Secretary of Protection
Citizen. _ also have knowledge the Solicitor of Justice Sergio
Santibáñez and the Governor Jose Murat.
_
_ after the fact be many irregularity for the integration of the
inquiry previous, on the part of the agent of the ministry public, the
expert, of the police ministerial, of the doctor, of the direction of
inquiry previous and of the sub office of the judge advocate general
of inquiry previous
_ in spite of the integration of the inquiry previous
146/2003, ratify in the Agency of the Ministry Publish assign to the
Direction of Inquiry Previous and Consigment of the Office of the
judge advocate general General of Justice of the State of Oaxaca,
where indicate to the person in charge of the death and of the injury
of gravity to the wounded, take a month to brief the inquiry, fifteen
day to free it order of apprehension and to almost two month after the
aggression, nobody have be stop. _ in addition not free order of
apprehension against the person in charge main identify total by the
settler of Sta. Ma. Yaviche. _ on the contrary, continue in
Tanetze generate a climate of fear in the population and demonstrate
the impunity of that enjoy
_ be worrisome the performance of the Director of
inquiry Previous Víctor Alonso block all proceeding in relation to
this and other case, besides insist that not can brief until receive
indication superior, and on the contrary him give facility to Jacobo
Chávez who be indicate like the main person in charge of the
aggression, so that in his quality of indicate in the inquiry previous
146/2003 defend. _ although the crime homicide persecute of
office.
_
_ 2004
_ 17. _ the 24 of February of 2004,
approximate to the 9 in the morning assassinate with firearm de fuego
to the brother Juan Aparicio Garci'a of the community of Lagunilla
Yosonotu. _ the person in charge be integral outstanding of the
PRI, Marcelino Hernandez, and Delfino “N”que with near 60
paramilitary of Water of the Toro, Sta. Lucia Monteverde invade the
land where our brother work. _ the office of the judge advocate
general of justice not do anything although be warn and know 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, be attack to stab and hurt Edgar Torija Perez, when
finish stick cartel of the mobilization of the CIPO-RFM and direct to
his address in the same community. _ all this in the file penal:
_ AV. PREV. _ 266/(I) 2004. _ although have
contribute all the test, the office of the judge advocate general not
act to stop to the person in charge that be identify of be activist of
the PRI.
_
_ 19. _ the 11 of July of 2004, to the 8:30 in the
morning, a group of approximate 40 person integral of the PRI, Navy of
machete, small bar, shovel and tip arrive to the House of the Council
Indigenous Popular of Oaxaca “Ricardo Flower Magón”
_ CIPO-RFM locate in the sector U2-B, apple 6, lot 6, of Sta.
Cross Huatulco, Oaxaca and attack against the 7 family of companion
ours that there live. _ as a result of the aggression be wounded
Felicitos Martinez of 40 year of age, Felix Tower of 35 year and the
boy Sandra Tower of 8 year and Brenda Tower of 6.
_
_ 20. _ the 13 of July of 2004, paramilitary of Sta. Lucia
Monteverde balacearon the community of Yucunicuca and assassinate to
Pedro Cross Salazar. _ on the following day again the
paramilitary of Monteverde, strong arm incursionaron in the place
“corral viejo”, _ “ocote cuate”, _
“loma larga” _ and “cantada”, _ in
the zone of Morelos, Lagunilla and Yucunicuca Yosonotu and make firing
to the 3 population. _ in spite of exist already a dead until
the day 27 of July present the security public to reguardar to the
population.
_
_ 21. _ the 13 of Julio of 2004, the police preventive of
the state on board of the patrol 630 and 810 surround the community of
Sta. Maria Yaviche, close the entrance and not allow the exit to any
of the member of the CIPO-RFM, reason why must leave by the path
between the mount to can arrive to the protest in Oaxaca.
_
_ 22. _ the night of the day 16 of July of 2004, in the
seat of the Dance of the city of Oaxaca, occupy pacific by the
CIPO-RFM and where the police to the control of the Lieutenant Jose M.
Side Saline and the Captain Manuel Brown Rivas attack against boy,
woman and old with gas tear, pump deafening and toletes electrical to
who of single have his body like shield and defense. _ this
leave wounded a: _ Rolando Zeferino Quino, who be remove of the
wall police without sense; _ rosebay Perez Cross lose the sense
of the direction and not can speak; _ Elizabeth Perez Cross him
stick in the chest the pump deafening and fall hurt, now this without
can speak; _ Simón Illescas Apple tree this without possibility
see because of the gas; _ Fulvia Domínguez Mayoral and Gloria
Branch Tinder and Melisa Flower Tinder not can move. _ all the
wounded can take to the Hospital Civil of Oaxaca after a strong fight
to break through the encirclement.
_
_ 23. _ the first of September of the present year in the
premises that occupy the house of the CIPO-RFM receive thirteen call
telephone of the nine in the morning to the nine at night, where a
voice of man ask by Raul Gatica and when the ask that so that it want,
say: _ “para break him his puta mother to the and to all
the member of the CIPO” _ and hang.
_
_ 24. _ the 9 of September of the 2004, between the
eleven and twelve at night in the street Emilio Carranza number 210,
place where find locate the office of the CIPO pass a vehicle Pic Hup
white and the person that go to the interior make 9 firing of firearm
de fuego of heavy caliber in front of a the house of the CIPO-RFM.
_
_ 25. _ the day 13 of September of the 2004, to the five
afternoon receive a call telephone in the house of the CIPO-RFM and
when the raise the horn the person that find of guard him ask: _
“esta Raul Gatica or Reyna Pérez”, _ as him answer
that not find say: _ “díganles that one by one it go to
load the chingada”
_
_ everything what mention previous serve of antecedent to the
repression that develop against us the day 14 of September where us
evacuate with violence and that give under the following:
_
_ FACT:
_
_ to the 6:13 hour in the morning of the day of today 14 of
September of 2004, police of the force special of the government of
the state, UPOE, police preventive, tourist, judicial of the state,
Police Banking, Agency Federal of Investigation, uniform and dress of
civilian, in a amount superior to 100, direct by the secretary of
protection citizen Jose Manuel Side Saline, take gas tear, pump
deafening and pipe of water, without warning of by average us evacuate
with luxury of violence as much of the Palace of Government like of
the Temple of Sto. Domingo, place where be from the 20 of April of the
2004. _ our thing it take in two light truck and to us in 3
light truck, a ram and two Nissan. _ between the thing that take
be a camera Sony, Mini DV-cam, where this film part of the repression
that live and that demonstrate not attack to anybody.
_
_ to the brother and brother it take prisoner without count with
order of apprehension and without be commit crime some, it strike and
vejaron, the relation of them be: _ Dolores Villalobos
Cuamatzin, Coordinator General of the meeting organizing of the
CIPO-RFM; _ Miguel Cross Brown responsible of the Radio
Communitarian Guetza and member of the area of communication of the
meeting organizing, of the CIPO-RFM, Leonor Lopez Alavez, -15 year and
member of the area of communication of the meeting organizing of the
CIPO-RFM to who him clear the camera; _ Reynaldo Fair Hernandez
responsible of the area of Young person of the meeting organizing of
the CIPO-RFM, Carmen Lopez Perez, member of the area of woman of the
Meeting Organizing of the CIPO-RFM; _ Gumaro Lopez Alavez
integral of the area of Agency Communitarian of the meeting organizing
of the CIPO-RFM, Kalid Perez Go'mez (17 year) of the advice of base of
the CIPO-RFM of Sta. Lucia of the Way, Daisy Garci'a Garci'a (union of
the 3 power), Abacuc Cross Cross (union of the 3 power), Gildardo
Perez Go'mez, (17 year) advice of base of the CIPO-RFM of Saint
Cristóbal Amoltepec, Jose Cross Cross, member of the CIPO-RFM and
agent municipal of Saint Isidro Aloapam; _ Abel Ramirez Ramirez,
worker of the Union of the 3 power; _ Guadalupe Garci'a Garci'a,
worker of the union of the 3 power and Mauro Garci'a Garci'a, Advice
of Base of the CIPO-RFM and Agent Municipal of Guadalupe Chindua.
_
_ although extra official know that be lengthy in the Office of
the judge advocate general of Justice of the State, single us let see
it until the 5 of afternoon. _ all this time it have without
give them eat neither take water, nor go bathroom the baño.
_
_ the testimony of our brother during the halting indicate that
it strike in the rib, it put mouth down, take of the neck and stick
them against the floor of the tray of the car, without leave it watch
to the face, and when it watch a little, soon soon it strike. _
all time them ask “donde this the leader, it walk
buscando”.
_
_ Leonor, Kalid, Jose and Gumaro it take in a same car and tell
that in the way them say Indian leg crack, larguense to his puebo, not
have anything do aca, must be in his town and not disfigure the city.
_ our brother respond “indias but with dignidad”
_
_ when it take to the office of the judge advocate general under
fort defense police of man and woman police, everything show no mercy
with the woman - young -, the police say: _ “no us cost
nothing violate it because us like the mujeres” _ and
begin to clear him the trousers to Kalid and him break the
underclothes interior. _ all accompany of blow and handle by the
body.
_
_ the police them shout: _ “Pobres chamacas single
obey what them send Raul Gatica Bautista”, _ “El
just send and not do the cosas” _ “El not give the
face. _ if very brave think that of the cara” _
“De this not escapa” _ and direct to Leonor Lopez
Alavez “Tampoco your and the Chinese go save in this occasion,
because be the Indian but revoltosas”
_
_ when arrive to the office of the judge advocate general
isolate to the boy Leonor Lopez Alavez and Kalid Perez Go'mez because
sing, to one in the bath and to another one in the cell. _ them
order that undress, and to the not do it it strike. _ remove to
Leonor and be left strike to Kalid between 5 woman and a man. _
single listen to the shout of pain during 15 minute.
_
_ our hermanitas demand that them say of what crime it accuse.
_ then the police them teach his metralletas of way threatening.
_ it have incomunicadas from the 7 in the morning to the five of
afternoon, in addition not allow the passage of doctor so that see his
state of health. _ not them give neither let pass food nor water
and either them let go bathroom the baño.
_
_ when the golpeadores ask to our brother strike: _
because us hate so much to all the police, if we not be those that do
this operative? _ they answer: _ “no you hate,
sadness be that us give because your heart and mind be
envenenados” _ “De nothing serve that have the same
color that we if serve to hurt to your hermanos”. _ the
police laugh of our word.
_
_ to Reynaldo, Miguel, Gildardo, Dolores and Guadalupe it take
together. _ to Miguel and Reynaldo it demolish and later it kick
in the ground and to raise it to the light truck it haul of the hair,
to blow it raise and as not fit in the light truck also blow it
accommodate in the tray of the car. _ to Miguel it take with the
knee in the head. _ before any reclamation it strike. _ it
put mouth down and not them let turn around the head so that not see
who them stick, nevertheless our brother in spite of that it watch.
_
_ to Carmen, Abacuc, Daisy and Abel it strike with the tolete in
the leg so that leave the blanket that maintain like only defense.
_ it raise to the light truck and them put the foot in the chest
so that not move. _ to Abacuc him stick in the ear and to kick
it raise to the light truck.
_
_ when the arrive to the office of the judge advocate general
and be Carmen Lopez Perez with hemorrhage because of the blow, ask for
attention medica that never him give. _ in all the case the
medico of the police judicial say that not have anything, in spite of
the injury evident that present our brother. _ exist even
recommendation of the CEDH on the matter.
_
_ to Daisy when it identify say: _ “vieja jija of
the chingada, your be the one that us bathe with atole” _
Abacuc receive blow when the protest by the golpeteo. _ when
arrive to the office of the judge advocate general to Carmen him say,
“a see outcry since it do in the socle. _ right now you go
to violate and bathe with water cold.
_
_ from this day the police have occupy the palace of government
and this practical close the step, to avoid that during the shout of
independence not become act of protest of the town indigenous that
always have be exclude and now be be repress.
_
_ the day 14 of September of the 2004, approximate to the four
afternoon receive a call telephone where when the answer him say to
the person that find of guard: _ “dígale to these son of
his chingada mother that now if it load the chingada” _
“al Gatica, now if not escapa” _ “pronto be
the day of his muerte”
_
_ THE day 15 of September approximate, to the 9 hour with 37
minute, when integral of the Council Indigenous Popular of Oaxaca
“Ricardo Flower Magon”, _ carry out a meeting in
front of a the palace of Government of Oaxaca, to demand the freedom
of his companion stop, again be attack and evacuate by body police.
_
_ the day 15 of September of 2004 approximate between the four
and six afternoon receive four call telephone, of those that single
answer one in the one that him say to the person in charge of the
telephone that if find to somebody of the meeting organizing of the
CIPO reason why him ask that that be and answer: _ in order ask
them if them taste the evacuation. _ now no longer them wait for
a evacuation or madrazos, which follow be the death to everything,
main to the puto of his leader Gatica.
_
_ the 15 of September of 2004 to the 9:37 at night, transfer
approximate 20 person dress of civilian with appearance military and
along with near 200 member of the force special of the police of the
state UPOE and ministerial, dress of black and of civilian, first
surround the long wait and soon with all violence return to evacuate
us of the socle of the city where the governor Jose Murat (PRI member
responsible of the repression) give the shout of independence of
Mexico in some hour more.
_
_ during the evacuation to Elizabeth Perez Cross, member of the
meeting organizing be threaten public by Aristeo Lopez Martinez, head
of the police banking who him say: _ “te go to load the
chingada more to the rato” _ “a you not you go to
stop, but to desaparecer”
_
_ the day 16 of September of the 2004, to the 9:30 in the
morning attacking military man throw gas tear to a boy of Saint Isidro
Aloapam and to his mother. _ strike to the demonstrator rob the
horn, the blanket and us throw the thing eat that have and it return
to evacuate with violence. _ during the golpiza to the
demonstrator of the CIPO-RFM, Aristeo Lopez Martinez when the see that
Elizabeth Perez Cross this help to the person that be affect with gas
tear, him shout in front of the everything, to the time that it
indicate with the finger in form of pistol: _ “mocosa
daughter of your puta mother already be worth madre”, _
immediately rush against her, with the intention want clear him the
camera film and it strike in the forehead do it fall and later it
drag, the intervention of Alfonso Perez, avoid that it take.
_
_ that same 16 of September but be approximate to the 10 in the
morning 2 motorcyclist and one patrol of police preventive stop to
Robert Fair Hernandez integral of the CIPO, between the street of
Morelos and Crespo, in the city of Oaxaca. _ the halting it do
when distribute steering wheel demand the freedom of his companion
imprisoned. _ in the halting him give of kick and him clear the
blanket and flag of the CIPO say him deal to your leader that go to
die everything, to Raul Gatica it walk look for and dile that this
time not save.
_
_ the dawn of the 18 of September of 2004 to the 2:10 in the
morning arrive, by all side, to the place where be plant pacific,
approximate 100 police dress of civilian with color black, military
court militar, boot, cover mouth and scarf in the face; _ arm of
rod, knife, strike the ground that until remove spark and shout
“Ya it load the chingada” _ “pinches Indian
stinking them go to break his madre” _ “donde this
the damned little mocosa of the camera and the leader puto that
tienen” _ and them stick to everything, them clear money,
clothes, huaraches, blanket, blanket, credential and all his thing.
_ be wounded of this aggression Jovita Branch Lopez and take
care of by the Red Cross of Oaxaca.
_
_ be possible emphasize that the attack have all the
characteristic of paramilitary and come direct by those of always:
_ Jose Manuel Side Saline; _ Manuel Brown Rivas, Aristeo
Lopez Martinez.
_
_ go to the Red Cross to be take care of and receive the
certainty of injury but not us want give nothing, the agent of the
ministry public not want receive the demand. _ the Commission
State of Human rights to the moment that listen to that be the
CIPO-RFM, say that not receive his complaint.
_
_ at the moment the member of the CIPO be plant in the same
place of the one that have be evacuate 7 time and fear that return to
do the same.
_
_ all these aggression, threat and intimidation be relate with
the work of defense of the human rights of the town indigenous that do
in the State of Oaxaca, that at the moment be carry out and with it
affect interest of the government of the State and of group casiquiles
and paramilitary, that violate the human rights of the town indigenous
in Oaxaca. _ by the same the Commission State of Human rights
act in complicity with the government state, reason by which the same
day of the aggression make the complaint before the commission
national of human rights, same that the day 22 of September us let
know by telephone that our complaint be admit the day 14 of September
of 2004 with the number of EXP. _ OF COMPLAINT: _
2004-2952-4 and take care of by the Lic. Lourdes Larrieta.
_
_ since be a preoccupation increasing in the community
international, the situation of the defender of the human rights, as
it demonstrate the approval in 1999, by the UN, of the Declaration to
the must of the individual, the group and the institution promote the
human rights and the freedom fundamental universal recognize, as well
as the designation in the last commission of human rights of the UN of
a representative special to watch and know of the attack to defender
of the human rights, in Mexico this must fortify, for that reason us
dare a
_ ASK FOR:
_
_ 1) Before the gravity of the fact narrate and the
imminent danger that this mean to the life, freedom and integrity
personal of the C.C. Raul Javier Gatica Baptist, Oliverio Neri Lopez,
Dolores Villalobos Cuamatzin, Leonor Lopez Alavez, Daisy Garci'a
Garci'a, Guadalupe Garci'a Garci'a, Carmen Lopez Perez, Kalid Perez
Go'mez, Reynaldo Fair Hernandez, Gumaro Lopez Alavez, Mauro Garci'a
Garci'a, Raul Lopez Diaz, Juan Tomás Lopez, Jose Cross Cross, Miguel
Cross Brown, Gildardo Perez Go'mez, Abacuc Cross Cross, Abel Ramirez
Ramirez, Elizabeth Perez Cross, Rosary Go'mez Hernandez, Gabriela
Perez Go'mez, Luis King Matadamas Ramirez, Alexander King Moral,
Simón _ Illescas Apple tree, Prochoir Paschal Lopez, Alfonso
Perez, Stop Chavez Garci'a, Wilfrido Gabriel Red, Jose Luis District
Vásquez, Refuge Alejandra Toro Rodriguez, Virgin Saint Sanchez
Galicia, Francisca Ojeda Velasco, Francisco Peralda, Salvador Ojeda,
Hope Young, Reyna Perez Hernandez, Misael Avendaño, Juan Diaz,
Elizabeth Moon, Gildardo Rodriguez Martinez, Eleuterio Branch, Felix
Crush, Crisostomo Cross Perez, Juan Lopez, Alberto Matías, Anatolio
Martinez Márquez, Santiago Mendoza Villalobos, Margarito Jarquín
Martinez, Carmén Perez Chávez, Fernando Torija and Raul Javier
Gatica Baptist, all Member of the Meeting Organizing of the Council
Indigenous Popular of Oaxaca “Ricardo Flower Magón”
_ and member, who have be object of harassment and threat as a
result of the defense of the human rights of the town indigenous in
the state of Oaxaca, by all the here indicate, ask for adopt
measurement prevent for them, destined to prevent a damage irreparable
real and imminent.
_
_ 2) In the same sense measure prevent for the community that
participate in this organization, by the gravity of the fact here
describe.
_
_ 3) Take part for the liberation immediate of our brother that
even remain lengthy: _ Dolores Villalobos Cuamatzin, Daisy
Garci'a Garcia, Miguel Cross Brown, Jose Cross Cross, Gumaro Lopez
Alavez, Reynado Fair Hernandez and Abacuc Cross Cross.
_
_ 4) take the measurement necessary so that the defender of
human rights, list previous that be member of the CIPO-RFM can make
his work without risk some.
_
_ 5) That apply the law against who plan, organize, order and
execute the set of act repressive and violatorios of our human rights.
_
_ 6) That of a know public the result of the investigation that
make and indicate clear the role that play the group paramilitary, as
well as the reason by which the judge, ministry public, etc., in the
protection and granting of impunity to the paramilitary.
_
_ 7) That recommend repair of the damage to our brother and
organization, mainly in the plane moral.
_
_ 8) recommend to the authority that abstain make signalling and
estigmatizaciones against the sector social, popular, of human rights,
and against the organism not nongovernmental and integral of the
CIPO-RFM
_ 9) That the authority of all the level state and
official abstain justify or legitimize anyway the crime, violence or
aggression against the community indigenous, organization and activist
and civil populace civil.
_
_ 10) That guarantee the operation of the mass media de
comunicacio'n communitarian like the radio Guetza, that now this
persecute by the government, although his permission this in transact.
_
_ 11) That guarantee that the Commission State of Human rights
provide in form truthful and impartial, according to the code ethical,
information on the violation to the human rights and aggression that
commit the authority in Oaxaca, particular the Governor Jose Murat and
the autonombrado governor Elect, Ulisise Ruiz Ortiz.
_
_ 12) Guarantee that be a column in the press write and space in
the television and radio, that allow to the victim of violation to the
human rights express free his thought with respect to the right to the
truth, the justice and the repair integral of the damage that them
commit.
_
_ to the Community National and International ask for:
_
_ a) _ watch and demand to the State Mexican the
fulfillment and implementation of the recommendation and norm
international of human rights for the case our
_ b) Promote that the cooperation international and the
budget national be destine for La Paz, the development and the justice
social, and not stop the fortification of the organ repressive.
_
_ c) to the church and hierarchy ecclesiastical request
accompany to our community and organization and that demand to the
State Mexican the truth, the justice and the repair integral of the
damage that cause to all the victim of violation to the human rights.
_ in addition that make a investigation ethical, evangelical and
humanist on the fact that have suffer the member of the CIPO-RFM and
present to the society a report public on the violation that have
suffer.
_
_ immediately than add at the moment, take advantage of
the occasion to greet it and express him our but high esteem.
_
_ kind
_ by the reconstruction and free association of our
town
_ by the meeting organizing of the CIPO-RFM that even
not have be stop
_ Rosary Go'mez Hernandez
_ Leonardo Lopez Sarabia
_ Raul Lopez Diaz.