Case MEX 080307.1.VAW
Follow-up of Case MEX 080307.VAW
VIOLENCE AGAINST WOMEN
Rape / Death of an indigenous woman
Geneva, 2nd April 2007.
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in Mexico.
The International Secretariat of the OMCT is gravely concerned by the new information received from a member of the SOS-Torture Network, the Human Rights Centre “Miguel Agustín Pro Juárez”, regarding the rape of the 73 year-old indigenous woman, Ms. Ernestina Ascencio Rosario. According to the victim’s family members, the attack, which resulted in the victim’s death, was allegedly carried out by several members of the military in the region of Tetlalzingo, municipality of Soledad Atzompa, Veracruz.
According to the information received, on 29 March 2007, the National Commission for Human Rights (CNDH) published its conclusions with reference to a second autopsy that has been completed by technical-scientific experts on Ms. Ernestina Ascencio Rosario’s remains. In its conclusions, the CNDH established that “there is no evidence that the causes of [her] death are related to cranium traumatism, fractures and dislocation of cervical vertebras, and no traces of tears in the vaginal area, of rectal perforations, or external lesions of traumatic origin have been found”, thus rejecting the hypothesis of rape.
In a declaration to the press, on 13 March 2007, the Mexican President Mr. Felipe Calderón had stated that “there is no evidence that [the woman] has been raped”, while the CNDH mentioned, on 14 March, that the results of the autopsy carried out on 9 March would not be available before 15-20 days. Notwithstanding this, on 14 and 16 March, the President of the CNDH declared, in a press communiqué, that the possible causes of Ms. Ernestina Acencio’s death were not related to rape.
Given all the contradictory and precipitate declarations that have been issued before the decision by the General Prosecutor’s Office of the State of Veracruz on whether there are sufficient elements to indict the soldiers for the rape and death of Ms. Ernestina Ascencio, OMCT fears that the investigations will be neither independent nor thorough, thus leaving the perpetrators unpunished.
According to the information received, Ms. Ernestina Ascencio Rosario was raped on 25 February by around 4 to 11 members of the 63rd Infantry Battalion of the 26th military zone of Lencero, Veracruz. Ms. Rosario was found still alive by her family members, to whom she narrated the events. According to the victim’s testimony, “the soldiers threw themselves at her”. Later, she was transferred to the regional hospital of Río Blanco due to the critical health state in which she was, where she died on 26 February. According to the victim’s family members, the death certificate specified that Ms. Ernestina Ascencio had been raped and had died as a consequence of a liver infection and an intestinal infection. The body also showed traces of torture and the rectum was pierced.
As stated by the information received, military authorities have issued various statements denying all responsibility. In a statement released on the 6th of March, they declared that “criminals wearing military clothing had perpetrated the crime”. According to this statement, the criminals’ reason for wearing the military clothing was to lay the blame on members of the Army in order to compel them to leave the area. In the face of such discourse, OMCT is worried that the investigation carried out by the “Procuraduría General de Justicia del Ejército” (Military Prosecutor’s Office) will be neither independent nor thorough, leaving the perpetrators unpunished.
OMCT also fears that this incident, which has reportedly brought about general discontent in the nearby indigenous communities as well as the social and political destabilization of the region, may result in violent action by the local population and the authorities.
OMCT recalls the existence of various reports on cases of rape allegedly carried out by members of the Mexican Army who, alongside their superior officers, have not yet been prosecuted or punished in compliance with the legislation.
Please write to the Mexican authorities to urge them to:
Please also write to the diplomatic missions of Mexico in your country.
Geneva, 2 April 2007.
Please let us know of any action undertaken, quoting this appeal’s number.