Progress and outstandings: two weeks before the issuance of the Group’s report
Two weeks before the end of the original mandate, the Interdisciplinary Group of Independent Experts announced the progress done during the past month, as well as the possibilities to continue the mandate.
During the press conference, the experts highlighted the following issues: the progress in the fulfillment of petitions by the Office of the Attorney General (PGR); the limitation of the interview to the members of the 27th Battalion of Infantry; the possible destruction of videographic evidence and the finding of Normalistas’ clothes within the criminal investigation that had not been analyzed, until the Group requested it. On the other hand, the Group welcomes the meetings held between the Attorney General, Arely Gómez, and the Secretary of the Interior, Osorio Chong, with the families, as well as the new testimonies given by the normalistas, and the request to work with experts, including one related to the autopsies of the murdered normalistas.
At the press conference, Alejandro Valencia, Carlos Beristain, Claudia Paz and Francisco Cox read the following report:
Two weeks before the end of its original mandate, the Group reports about the progress on their 4 main tasks: new search lines, analysis and continuation of the criminal investigation, attention to victims, and public policies on enforced disappearances in Mexico. Also, the Group informed about the possibilities of continuing their work beyond this initial term and announced the presentation of the report.
1. Search
1.1 Evidence of the disappeared normalistas’ clothing. On June 29th, the Group found in the investigation that on September 27th 2014 clothing of some of the disappeared and other objects of the normalistas was collected and guarded. This situation was not known to the family or their representatives, and nor was there a specific record or processing of the same. The Group finds this a serious fact for the criminal investigation and for the importance that this could have for the families. On the same day, the Group requested the PGR to identify the place where the clothing was held and that the evidence be examined by the experts of the PGR and the EAFF (Argentine Forensic Anthropology Team) for processing, photographing and collecting genetic sampling, as well as to guard it properly. This diligence was held on the 29th and 30th of July. The samples taken jointly by the experts of both parties will be sent to a lab in Innsbruck for genetic analysis.
On August 16th, the Group conducted a meeting with the family members in order to prepare them for the session in which they would be asked to identify these clothes, due to the strong psychological impact that this implies after the time passed. The Group considers that such preparation will help to identify, with new information, the place where some normalistas were when they were detained and disappeared, and other circumstances of the events.
1.2 The Group is concerned about the loss of evidence. Specifically, it has reported to the competent authorities of the PGR the existence of a videotape of the scene of police intervention that led to the disappearance of a group normalistas in the scenario of Iguala’s exit close to the Court House of Iguala. According to testimony provided to the Group, these videos existed and were sent to the Superior Tribunal’s Presidency of Guerrero. However, it appears that such video was destroyed. This issue should be investigated immediately by the PGR.
2. Investigation of the events
2.1 The Group continues to work on the evaluation of the criminal file, which currently has 115 volumes. The Group has requested reports to independent experts on key aspects of the process. Such reports are forensic autopsies, cases involving injuries on detainees, telephone analysis, the dynamics of the fire on the context of the dump, and crime scenes. In these last two categories, the Group made visits with experts to recognize in situ the places and scenarios of the events. The use of these studies was requested in order to have independent proof that could help clarify the events. Such studies will be presented in the six months report.
2.2 As a request from the PGR, the Group approached the normalistas so they can give their statements before the PGR. While many of them already gave their statements during the first day after the incident, some events and testimonies were not in the file. The Group facilitated the contact and witnessed these proceedings. According to the Group and the PGR, this has contributed to improve the criminal investigation, as well as to have a better allocation of the criminal charges, which were not sufficiently documented before. These statements have met all the legal precepts and were organized by the PGR, carried out with prosecutors, witnesses and lawyers, with the presence of the Group.
2.3 Interviews with military personnel of the 27th Battalion. On August 3rd, the Group received a response from the Ministry of the Interior and Chancellery to its request to interview 26 soldiers who were part of the 27th Battalion during the days of the events. The Group made this petition during their first month of work in Mexico. In its response, the State wrote about "(…) the disposition of the authorities of the Mexican State, so the request is addressed in the framework of the criminal process."
The Group explained, again, to the Mexican State that it does not understand why it has been able to interview victims, police officers, defendants, witnesses and other agents of the State. However, in this case, is referred to the legal route. After assessing the situation and in a last attempt to crosscheck data and acquire new information, the Group agreed to do interviews within the PGR’s framework. In the reply sent to the Mexican State on August 4th, the Group states the urgency to do the interviews and the availability to do so between the 10th and 14th of August, during its last visit before submitting the report.
The Group proposed that the statements were taken, in their presence with the PGR, according to the legally satisfying model implemented with the student’s testimonies taken weeks ago. Given that such diligence would be carried out by the Group’s request, the Group would provide to the prosecutors in charge of the diligence questions for each of the interviewees and rebuttal questions without prejudice to the questions that the PGR would like to make. The Group received on August 16th the final response from the State. This response included two points: "that the Group submit a written position which they consider should be part of the ministerial diligence", and that "derived from the characteristics of this diligence, it only will be present the ministerial authority and those who need to vent the positions made". After five months that the request was submitted, the Group regrets this response and refers to its report to disseminate the information considered relevant and the issues that should be investigated.
2.3 The Group called for an independent expert analysis to examine the autopsies to Julio César Mondragón Fontes, Daniel Solis and Julio César Ramírez. The study conducted by the medical examiner Dr. Francisco Etxeberría, of the University of the Basque Country, shows that in the autopsy of Julio César Mondragón certain wounds were not assessed in the original autopsy’s report and in the photographs provided. A new possible autopsy should analyze the causes and assessments of the skull fractures, other fractures not described, as well as the traces in the face’s bones of potential artifacts or of canines that leave trace of such characteristic signs.
The Group presented and evaluated these results with the family of Julio César Mondragón. Due to the family's need to know the truth and the importance of it to the research itself, the Group has requested a second autopsy of the body. This should be carried out with the participation of independent experts of the EAAF with experience in the valuation of this type of injuries.
3. Attention to the victims
The Group has made concrete efforts for the caring of the injured and families of the murdered students. In regard to the mandate of the Group to assess the actions and to make recommendations in the field of the reparations for the victims, the Group provided to the Ministry of the Interior and the CEAV a document with some criteria, including: agreements with the victims, progressivity of the proceedings, comprehensiveness reparation of the victim’s rights and the evaluation of the future program. Both institutions received these criteria positively, so the Group expects in upcoming dates that the proposals can be discussed with the victims and their families. In this first step, there should be consistent performance in order to help establish a basis of confidence to implement a future reparations program.
The Group considers that the criteria and the programs’ proposal of the Mexican State should be extensive to the both the direct and indirect victims of the case, in accordance with international standards and the mechanisms included in the Victim’s Law. The Group understands that in order to have a full access to measures of comprehensive reparation, in the framework of the Mexican legislation, it requires the recognition as victims explicitly, for that reason it has requested to the National Commission on Human Rights to make the recommendation so that all the provisions of the Victim’s Law and the whole of the victim’s rights are applicable with the necessary recognition and legal support.
As a request both by the family and by the State, the Group conducted its good offices to carry out two meetings of the normalistas’ families and the Attorney General, Mrs. Arely Gomez, and with the Secretary of the Interior, Mr. Osorio Chong. These meetings occurred on the last few weeks.
4. General policy on enforced disappearances
The Ministry of Interior recently provided the Group with a draft of the law on missing persons. The Group did a detailed study and provided a set of recommendations related to the content, the process of consultation, and participation of the victims and organizations that have experience in this issue. For the Group, the consultation is a central element of the process, and encourages the Mexican State to carry it out in a comprehensive manner in the different entities where this problem is more prevalent. This can contribute to make this law a more effective mechanism. The Group itself made a consultation process with many victims' organizations in order to provide appropriate recommendations. Such recommendations will be part of the report.
5. Mandate and compliance
The Group was created by the IACHR on November 12th 2014 in response to the request of the students' families and the Mexican State. To fulfill its task, the agreement provided that the Group had a mandate of 6 months' duration, from March 2nd to September 2nd 2015, "and may be extended by the time necessary for the fulfillment of its objective, in consultation of the IACHR with the parties". The time of the mandate which was initially agreed to will finalize in two weeks, therefore on July the Group informed about the work done to the AICHR during a session in Washington. Also the Groups would like to inform that it held dialogues with the IACHR, the Mexican State, and the victim’s representatives on the possible extension of the time of its mandate to complete the its work. The Group has shown its availability remarking the need to adapt the modality in terms of the time of presence in the country and the emphasis of their work. The Group and representatives already called for the extension of the mandate before the IACHR.
6. Report’s presentation
The Group will submit its report on September 6th 2015 in Mexico City. In it, the Group will give an account of the work done in the past six months, of the facts that have been investigated, the evaluation of the investigation of the case, of the relevant aspects of the work and the experience of victims, and the recommendations for the case and for the general problem of the disappearance of people in Mexico, as indicated in the four points of its mandate. The Group hopes that this report could be an important contribution for the authorities, the victims and their families, the Mexican society, and the defense of human rights in the country.
For more information:
Cecilia Navarro
(+52) 55 5454 0678
prensa.giei.ayotzi@gmail.com
http://www.giei.info/
