• Ten years after the military abuses against both Me’phaa women, military impunity remains untouched

• Activists from different regions urge the President of Mexico to guarantee cooperation from the National Defence Ministry with the Federal Prosecutor of the General Attorney's Office in order to those responsible of the abuses be presented before a civilian tribunal

Tlapa de Comonfort, Guerrero, 30 September 2012.- Two years after the notifications of the rulings of the Inter-American Court of Human Rights (IACtHR) in the cases Ines Fernandez Ortega and Valentina Rosendo Cantu, fully compliance of the rulings remains pending, specially in the subject of justice.

As it is acknowledge, in these rulings, the IACtHR determined that under different circumstances during 2002, at the age of 25 and 17 years old respectively, Ines Fernandez Ortega and Valentina Rosendo Cantu, Me’phaa indigenous women, had been subject to gross violations of human rights committed by elements of the Mexican armed forces, in a context marked by poverty, discrimination and what it was denominated as "institutional violence by military". The rulings emitted by the IACtHR in the cases of Ines Fernandez Ortega and Valentina Rosendo Cantu include 16 and 17 resolutions respectively, including individual, family, collective, structural and community reparation measures.

Despite the sentences by the IACtHR are final and binding, the Mexican State has not carried out effective actions for its compliance. The reluctance to fully comply with the rulings is reflected in the lack of achievements in the investigations on the rape and torture committed by elements of the Armed Forces; direct consequence of the lack of cooperation by the National Defence Ministry (SEDENA) with the Attorney General’s Office (PGR).

In this sense, the investigations are in charge of the Special Prosecutor for Crimes of Violence against Women and Human Trafficking (FEVIMTRA), which have focused on carrying out procedures to repair the shortcomings of the military prosecutor and its impartiality. In this context, it has been notorious the lack of cooperation from SEDENA which continues to refuse to subordinate to civilian power. To date, FEVIMTRA has not brought before the federal judiciary the files of the investigations, despite, there is sufficient evidence to do so. Paradoxically, ten years after the military aggression against Ines and Valentina, and two years from the notification of the sentences, the circumstances that caused the complaint to the Inter-American System have not changed: military impunity persists today.

In addition to the lack of achievements in the subject of justice, full compliance with other reparation measures of the rulings, such as the creation of public trust fund to guarantee the reparation of damage for the victims of gross violations of human rights at the end of this Federal administration, which could fund as a mechanism that overcomes administration in order for Ines Fernandez Ortega and Valentina Rosendo Cantu - and other victims - access to reparation ordered by the IACtHR. The need to implement measures that overcome administrations, which is competence to the Ministry of Interior (SEGOB) through the Under-Secretary on Legal and Human Rights Affairs, is equally urgent on the issues respecting education, community and health reparation measures.

The omissions do not come only from the PGR and SEGOB; the three branches of the Mexican State face lags. In the case of the Executive power, and the imminent end of the administration, it is urgent to concrete the pending reparation measures. In regard to the Judicial power, this is the opportune moment for the National Supreme Court of Justice to initiate the discussion of the Various 1396/2012, under the Secretariat of the Minister Ortiz Mayagoitia, regarding the determination of the obligations of the judiciary emanated from the rulings of the Inter-American Tribunal in the cases of both indigenous women. Finally, the Mexican Senate shall accomplish the reform of the Military Code of Justice during its current session, which has been ordered by the IACtHR in four different rulings.

In this context of continuous military impunity and facing the lack of compliance with reparation measures, last September it was launched the campaign: "Against military impunity: truth, justice and redress for Ines Fernandez and Valentina Rosendo". In this initiative, more than 1,300 people from Mexico, Germany, France, United Kimgdom, Switzerland, Finland, Austria, Argentine, Spain, Italy, Denmark, Belgium, United States, and other countries, demanded President Calderon to guarantee total cooperation from the SEDENA with PGR for those responsible of the gross violations of human rights be presented before a federal judge in brief and before the administration comes to an end. In addition, different organisations such as ACAT (Cristian Action To Abolish Torture) and Amnesty International launched, along with their respective activists, different campaigns to demand President Calderon to comply with the rulings.

For Ines Fernandez Ortega and Valentina Rosendo Cantu, as well as for the Human Rights Centre Tlachinollan, it is imperative to remark that on the second anniversary of the notification of the sentences and after ten years of the military abuses, military impunity remains untouched. In this sense, and despite the efforts that imply, both Me’phaa women will continue to demand justice with the determination and courage which marked them during all these years.

REFERENCE DOCUMENTS:

Ficha informativa sobre proceso de Implementación de las Sentencia (Spanish)

More information:
Tlachinollan - Human Rights Center of the Montaña
Communication Area
Román Hernández - Atziri Ávila
Phone: 01 757 476 37 04 /476 12 20
Fax: 01 (757) 476 12 00
Mobile: (045) 757 106 6095
Skype: tlachinollan
E-mail: tlachinollan.difusion(at)gmail.com cdhm(at)tlachinollan.org
www.tlachinollan.org