Mexico City, Saturday, January 20th, 2007

I. CONCLUSIONS

Based on its research carried out in Mexico, the International Civil Commission for Human Rights Observation considers the following findings as proven:

AS REGARDS DEATHS AND DISAPPEARANCES

1. The Commission considers that the events occurred in Oaxaca form part of a judicial, police and military strategy, acting on a psychosocial and community level, with the ultimate objective of controlling and intimidating the population in areas where community-based or non-partisan social movements are unfolding.

2. Deaths documented by the CCIODH consist thus far of a total of 23 identified persons. By contrast, the State Attorney General has only recognized 11 deaths and the National Commission of Human Rights has acknowledged only 20 deaths in its preliminary report. The CCIODH is aware of other deaths of persons who have not yet been identified.

3. There is well-founded evidence regarding the existence of disappeared persons. However, one of the main obstacles in investigating and shedding light upon these disappearances is the lack of reported complaints.

4. Deaths and disappearances have taken place during a parallel escalation in violence and confrontations as a result of coercive operations designed and implemented with the goal of eliciting more violence. The latter is the work of several intellectual and material authors. This is attested to by the numerous testimonies such as those regarding the events of October 27th, 2006 in which a coordinated operation resulted in serious events in the municipality of Sta. María Coyotepec as well as several other localities.

5. Homicides have been perpetrated both in the City of Oaxaca as well as in other communities. In both areas we witnessed a significant increase in violence as well as military presence and attacks against civilians. The vast majority of these civilians are members of indigenous communities.

REGARDING LEGAL VIOLATIONS

6. Public institutions have failed to guarantee freedom of expression, thought, association, gathering, political participation, freedom of movement, and freedom of protest. Physical force and coercion have been used to impede the exercise of these fundamental rights. Peaceful sit-ins and marches have been violently broken up, the authority of legally elected community leaders has been undermined, and members of the press and others who work in the media have suffered harassment.

7. The right to education has been and continues to be violated in various respects, including: a lack of both material and 'human' resources, in particular in rural areas; a prolongation of the conflict due to a lack of dialogue towards its resolution. During the teachers' strike, none of the parties in conflict established alternative measures in order to guarantee the right to education of children. There continue to exist numerous irregular situations related to job assignments, service workers, school occupations, and the resuming of classes.

8. Unions' right to strike has also been violated, as have unions' freedom of expression and teachers' rights to establish their curriculum. Section 22 of the SNTE (National Education Workers' Union), member of the Popular Assembly of the Peoples of Oaxaca (APPO) has been the social group that has most strongly and cruelly been affected by the conflict. It has suffered significant material losses, harassment, threats, aggressions, deaths and disappearances.

9. Repressive acts have been perpetrated in an indiscriminate manner against the civil population, including men, women, children and the elderly. Tear gas, pepper spray, water with corrosive chemicals, weapons of medium and high caliber, vehicles and military helicopters have all been used to this end. Federal, state, municipal, and elite police forces have participated in these acts. Members of the military have also intervened, helping in logistics and coordination. Armed groups out of uniform, using high-caliber weapons have been responsible for disappearances and illegal detentions, break-ins and shootings. In some cases the latter have used police vehicles and have acted with the participation of elected public officials.

10. Federal and state police forces have carried out recurrent arbitrary and illegal detentions, in some cases massive in magnitude, against the civil population. Some detentions have also been carried out by civilians who, using physical force, presented the police with detainees with the approval of the police. Such detentions were perpetrated using disproportionate physical and psychological violence, in some cases through kidnappings. There have also been acts of sexual abuse against detainees, suffered by both women and men.

11. The rights of detainees have not been respected. They have not been notified as to their accusations, nor were they informed of their rights. Upon being detained, their families were not contacted and they were held incommunicado. The time limits of legal detention under various authorities have not been respected.

12. Illegal spaces have been used as detentions centers. In many instances these places did not meet minimal security and health standards. They include military bases, government buildings and 'safe houses'.

13. During the transfer of detainees, their rights were seriously violated with the use of physical torture (electric shocks, physical aggressions, burns) as well as psychological torture. The CCIODH has well-founded evidence, both from clinical files as well as from personal testimonies, that both women and men were raped. During transfers to detention centers police officers and in some cases military soldiers also participated in these acts of torture. The detainees in many cases were kept under the supervision of groups of people without uniforms until reaching the penitentiaries.

14. During detentions and the transfers so-called 'mobile prosecutors' intervened, as witnessed by court records. Such 'mobile prosecutors' lack all legality. Their actions are not transparent and are in no way subject to control or regulation by other institutions.

15. Detainees' and accused persons' rights to due process were not guaranteed: Neither legal assistance through a trusted attorney, nor communication with any attorney, nor a private space for legal counsel, nor assistance through interpreters for indigenous persons whose first language is not Spanish were provided for.

16. Attorneys have encountered multiple obstacles when attempting to access to the legal documents of their clients, as well as difficulties in presenting evidence that could discharge their clients or gain access to public hearings. Often subject to threats and humiliation on behalf of public functionaries, the attorneys' work has been generally hindered.

17. The majority of detainees were assisted by government appointed attorneys who depend directly on the executive branch of government and who acted upon orders of the latter, endorsing all illegal measures during the proceedings.

18. The right to a due process and the legal security of all detainees have been violated. Institutions responsible for legal proceedings have been characterized by irregular procedures, as have the time limits and formal notifications established under the law, including those for bail proceedings. Medical certificates have not reflected the actual degree of physical injury or its cause. A lack of information prevails regarding the legal appeals that have been filed. All of the above results in an illegal deprivation of liberty, a lack of means to effective communication, and a lack of protection for those affected.

19. Imprisonments that took place in federal and state penal institutions were carried out without proper documentation such as commitment orders for imprisonment or judicial reports. In some cases, detainees were not informed about the possibility of being freed on bail; in others the sum of bail was clearly disproportionate to the charges being made. Living, hygiene, health and nutritional conditions upon the Commission's visit of several of the jails were found to be at a level below the minimum established by Mexican legislation as well as by international treaties signed by Mexico.

20. There are cases of persons held in federal jails who have been treated in a humiliating and degrading fashion, including the use of threats as well as physical and psychological mistreatment on behalf of prison personnel.

21. There are cases of persons who have been held in medium- to high-security prisons despite the fact that they are classified as 'preventive prisoners' and despite the fact that legal evidence is lacking that would prove their status as dangerous and therefore justify the adoption of such measures.

22. Minors have been detained using disproportionate physical force. In four cases they have been held in adult penitentiaries. Three of them were sent to a medium-security prison in the state of Nayarit, where the minimum age to enter is 18 years old. International treaties and agreements protecting the human rights of minors have thus been violated. Furthermore, there is a lack of legal certainty regarding the situation of minors due to the Law of Justice for Adolescents that came into affect on January 1, 2007, after their apprehension.

23. The Public Prosecutor's Office has not begun legal proceedings against representatives of public institutions, despite the existence of facts that constitute crimes punishable by the public prosecutor.

24. Some of the proceedings that began through the initiative of affected persons or groups have been abruptly stopped without justifiable cause and despite the fact that sufficient evidence was presented. According to testimonies gathered by the Commission, this lack of due process obeys commands issued by the executive branch of the State Government of Oaxaca.

25. Despite the fact that the National Human Rights Commission and the Human Rights Commission of the State of Oaxaca may intervene in proceedings as part of their official and juridical status, both have intervened only in a reserved and insufficient manner, even after their having confirmed some of the violations described here. Both institutions see direct evidence of violations (for example through visits to prisons) as well as indirect evidence (denunciations and petitions made by both individuals and civil organizations). As regards the State Commission of Human Rights of Oaxaca, we have received testimonies denouncing the fact that in the case of detentions involving serious cases of torture, the intervention of this commission was requested but did not respond.

REGARDING PSYCHOSOCIAL AND HEALTH VIOLATIONS

26. The human rights violations in question have had serious physical, emotional and psychological impacts and have been seriously damaging to individuals, families, and communities. The psychosocial effects of the conflict have not disappeared and are reflected in the everyday lives of individuals, families and populations.

27. Characteristic effects and symptoms of Post-traumatic Stress Disorder and social trauma have been detected. The most prevalent include permanent re-experiencing of traumatic events, sudden sleep interruptions, fear of particular sounds and voices, fear of being alone, psychological reactions to both external and internal stimuli, hypersensitivity to feeling watched and a fear of persecution. There are also general perceptions of random or unjust treatment, of defenselessness and loss of control over certain situations and over peoples' own lives. We attest to victims' inability to fully verbalize all of their experiences.

28. Medical attention has been tardy and insufficient. There are well-founded indications that members of the police forces entered hospitals in order to imprison wounded individuals. The role of the Red Cross of the state of Oaxaca has been questioned on these very grounds.

29. There is the lack of support and psychological monitoring of those affected and their families. It is important to highlight the psychological impact of persons who have been or remain hospitalized, due to a lack of medical attention or the respect of basic rights. We are also especially concerned about the situation of minors who have been detained and taken to adult prisons.

30. We have been able to observe the serious impact of a psychosocial strategy that has instilled a general fear among the population. This includes an unwillingness to register formal complaints regarding the events occurred, as well as an increased lack of trust towards other people and institutions. This has been made worse by accusations, hate campaigns, the incitement of violence and existing barriers to legal processes.

31. Family life and family unity have also been affected by these circumstances. There has been disintegration (due to ideological and political differences, displacement or forced separations), harassment and threats to families. There has also been a burdensome economic impact upon persons and families affected by the conflict, including a loss of jobs, social and work-related stigmatization, travel expenses for trips made to prisons and in response to court orders. In addition there is an economic burden of material losses.

32. There is a clear societal polarization resulting in serious damage to the general social structure.

33. On the other hand, we have also been able to observe that, despite the implementation of the above-mentioned strategy, there is still a high level of solidarity among certain groups, which has been important in the re-strengthening of those affected. There is a sense of dignity despite the extreme seriousness caused by the violations cited above, both among people who are socially active as well as among the general citizenry.

34. The Commission attests to the serious deterioration and lack of trust in public institutions among the general population, a fact that threatens their participation in a democratic process. Given the prevailing degree of violence it is possible that the social control strategy being implemented will end up generating violent reactions of greater magnitude. This lack of confidence in public institutions and the impunity which has characterized the proceedings, as outlined in this report, make the possibility of a dialogue among the various sides of the conflict all the more difficult.

REGARDING THE MEDIA

35. The conflict has been characterized by frequent popular occupation of communications media as a response to informational barriers as well as a general discontent among the population. Independent media have found new spaces and some community media have gained increased independence. For these reasons, the latter continue to be the center of attacks and selective repression.

36. Journalists and others working in the media have been victims of indiscriminate attacks. In addition to considering the death of journalist Bradley Will, many have described working conditions that resemble those of journalists in situations of war.

37. Few denunciations have been presented to public authorities. The CCIODH has evidence that the leaders of some media institutions have encouraged their journalists to keep quiet about offenses to which they were witnesses.

38. Investigations regarding the homicides of US-journalist Bradley Will and of the Oaxacan journalist Raúl Marcial Pérez have not moved forward. The circumstances in which the homicides took place continue to be unknown and investigations suffer from the procedural and legal irregularities detailed above in the section on legal violations.

REGARDING HARASSMENT AND THREATS TO HUMAN RIGHTS DEFENDERS

39. Non-governmental human rights organizations and their members have been victims of selective attacks, harassment, threats, aggression, defamatory campaigns, contempt and accusations, resulting in the virtual criminalization of their work. This has forced many of them to take measures to preserve their personal safety as well as their workplaces, which are seriously affected by the current situation.

REGARDING THE SITUATION OF WOMEN

40. The Commission has documented a wide array of verbal, physical and sexual abuse targeted specifically towards women (including rape, the cutting of hair, physical violence, being made to undress and pose in humiliating positions). The consequences of these have been particularly serious and have involved documented cases of physical, psychological and social damage including sudden traumatic miscarriages.

REGARDING INDIGENOUS INDIVIDUALS AND COMMUNITIES

41. Indigenous persons for whom Spanish is not their first language have not been assisted by interpreters in legal and judicial hearings and the Law in Defense of Indigenous Peoples and Communities has not been applied. The CCIODH attests that many of those indigenous persons detained and held prisoners have denounced being the object of ethnic discrimination on behalf of public functionaries. Their families have also made such denunciations. These include discrimination due to denied communication with family members in the penitentiary in Nayarit due to a prison workers' lack of knowledge of their native language and suffering insults and humiliating treatment for not speaking Spanish well.

42. In the Valle Central and in the Mixteca, Istmo, Sierra Sur, La Costa and Triqui Regions of Oaxacathere has been an increased military presence, as well as the appearance of armed civilian groups. In some cases these groups are under the commands of caciques, local political bosses, and municipal presidents. They have assaulted, assassinated, kidnapped, harassed and issued death threats among the population (including towards women and children). These actions have resulted in the displacement by entire communities, entailing social divisions and family disintegration.

II.- RECOMMENDATIONS

Based on the above conclusions, the CCIODH recommends:

1.- The response to the original causes of the conflict in question, whose roots can be traced back to the structural problems of poverty, caciquismo or local rule by local political bosses, unequal access to resources, lack of means of access to education and health, lack of respect for historical collective memories and indigenous identities, the violation of legal and democratic proceedings, and a lack of respect regarding effective participative access to political processes. Addressing the above needs would create conditions in which both human rights violations and the current highly-polarized social context could be repaired.

2. In order to guarantee a separation of powers of state institutions as well as transparency in the work of public functionaries and the full respect of human rights in the state of Oaxaca, the CCIODH recommends designing and implementing a thorough reform of public institutions. Because all parties involved in the conflict agree that such a reform is necessary, this process should begin as soon as possible and should be carried out according to the democratic principles of dialogue and the participation of all parties. This would prevent both that the present latent violence continues to escalate and that future social demands be manifested in a conflictive manner.

3. Reestablish the Rule of Law which requires guaranteeing, without delay, an investigation of all illegal acts that were perpetrated, especially the most serious cases involving death, disappearances, torture and sexual aggression. Moreover, a judicial review of persons released under bond should be ensured, as should the resolution of pending legal procedures, in particular in cases where evidence is lacking. Finally, the restitution of economic, moral and social damage to victims of the conflict should also be guaranteed.

4. The revision of the legal situation of all persons currently in prison and all persons who are imprisoned due to strictly political motives to be released. Individuals whose accusations lack all evidence should likewise be released as should individuals in cases in which the graveness of the acts does not justify the deprivation of their liberty.

5. In order to regain the public trust of civil society in public institutions and to impede the impunity of public functionaries, it is necessary to publicly recognize violations committed, identifying the pertinent institutions responsible for each case. It is necessary that these institutions do not take excuse themselves by reassigning their responsibility or competency in the matter to other bodies or institutions. From now on, these institutions should strictly adhere to International Agreements that have been ratified by Mexico.

6. The accomplishment of disarmament, and the control of illegal possession and use of weapons. It is important to impede the activities of those non-uniformed armed groups, as well as to impede the coordination between the latter and official security forces.

7. The implementation of all necessary mechanisms in order to ensure the reconstruction of a social equilibrium through reparation measures in cases of individual and collective damages. These measures should be agreed upon by those affected and should be sure to include moral, emotional, economic, legal, social and historical reparations as well as steps to restore the social structure of the communities.

8. The reestablishment of order through dialogue and not through the use of public force or coercion.

9. The implementation of psychosocial therapy programs for those who have been victims of various physical and psychological aggressions and tortures. There should be special attention paid to victims of sexual aggression and rape for both men and women.

10.  Special attention should be paid to all minors who have suffered from aggressions, detentions, torture, and harmful conditions during transfers and arrests.

11. We make an appeal to local, national and international organizations to cooperate and collaborate in professional psychological and medical follow-up for those affected, and that this be in agreement and coordination with local organizations.

12. We recommend that necessary, effective, and adequate measures be taken in order to guarantee the independence of all communications media and to provide equal access of dissemination of information among commercial media, independent and community media.

13. The guarantee of the physical and psychological integrity of professionals working in communications media.

14. The CCIODH recommends that necessary, effective, and adequate measures be taken in order to guarantee that human rights defenders be able to carry out their work freely, in a manner that ensures their protection and the respect of their fundamental liberties, the assurance of their safety and the physical and psychological integrity in the carrying out of their work.

15. Attention to the demands of indigenous peoples, taking care to avoid all forms of discrimination and respecting their political, economic, social and cultural rights. It is important to guarantee the respect and implementation of laws pertaining to indigenous communities and to favor the development of policies of inclusion of these communities through participatory and protective mechanisms and according to their own means of organization, government and through usos y costumbres [since 1995 'tradition and customs' is a legal means of election of local public officials in the state of Oaxaca, most prevalent among indigenous municipalities].

16. The insistence upon the work of the Fiscalías Especiales, or Special Prosecutors that have been created for the protection of specific individual and collective rights that are particularly vulnerable. These include the rights of journalists, indigenous communities, women and minors.

17. The definition of all political and personal responsibilities that have been highlighted in the conclusions and recommendations of this report: At the state level, we point to the urgency of investigating the role of the Office of the Attorney General of the State of Oaxaca, as well as the roles of the Secretary of Citizen Protection and the State Ministry of the Interior. In general, the role of public institutions of the state government of Oaxaca should be the object of an investigation. At the federal level, it is important to investigate the role of the Federal Preventive Police, the Secretary of Public Security and the Office of the Federal Attorney General.

18. The continuation of the work of international human rights observation in Oaxaca. This should involve the participation of independent and impartial institutions and organizations who can help guarantee the liberty of movement, the protection in denunciations of violations, adequate assistance to affected persons and the just reparation of all violations described here. In particular, we recommend that the Mexican government insist that the United Nations High Commissioner for Human Rights have a presence in Oaxaca.