“The Mexican State, repressor of justice against EZLN support bases”

“The Mexican State, repressor of justice against EZLN support bases”
August 2012

San Cristobal de Las Casas, Chiapas, Mexico
August 23, 2012
Bulletin No 15

The Fray Bartolomé de Las Casas Human Rights Centre (Frayba), is concerned about the violations of due process against Francisco Sántiz López (hereinafter Francisco), Tzeltal indigenous support base of the Zapatista Army of National Liberation (BAEZLN), who is unjustly imprisoned in the State Centre for the Social Reintegration of the Sentenced No. 5 (CERSS No. 5) in San Cristobal de Las Casas, Chiapas.

The Judge of the First District Court of Federal Criminal Proceedings in the state of Chiapas, declared unfounded the instance of freedom through the disappearance of information[i], in favour of Francisco, in an agreement published on 17 August this year, referring among other arguments, to the fact that at the time of his formal arrest and imprisonment, testimonies were taken into account from witnesses who reported that Francisco was in the company of armed men, which is insufficient evidence to consider that the data have disappeared[1]. It is clear that the judge failed to appreciate that the eight witnesses stated explicitly that Francisco was not carrying any weapons, the crime of which he is accused.

It is important to note, that in the Detention Order, the First Judge of the Federal Districts in the state of Chiapas did not give sufficient value to the testimonies: of the authorities nor of the witnesses who reported that the arrest took place in the county seat of Tenejapa, and that Francisco was not in Banavil, municipality of Tenejapa, at the time the attacks occurred; also the fact that the firearm was “secured” and delivered, along with 5 other weapons, to the court of indigenous peace and conciliation, by the people of this community, in addition he did not make any inquiries which suggested that Francisco was carrying the aforementioned firearm.

Currently, Francisco Sántiz is accused of the federal crime of carrying a firearm for the exclusive use of the Army and Armed Forces, equivalent to the crimes of murder and aggravated assault; on 22 March, the criminal action was terminated, through the withdrawal of the public ministry of local jurisdiction.

Frayba believes that during the arrest and prosecution of Francisco, the following rights have been violated: personal liberty, presumption of innocence, judicial guarantees, a fair trial and legal protection. The number of rights violated is evidence of the persecution of Sántiz Lopez

for the political work he has been performing in the Highlands of Chiapas, so there is a justified fear that the First District Court of Federal Criminal Proceedings in the state of Chiapas could issue a guilty conviction against Francisco.
In the view of this Human Rights Centre, the Mexican state is using the system of law enforcement and justice administration to criminalize the support bases of the Zapatista Army of National Liberation, because they are disturbed by the progress in the right to self-determination through Zapatista autonomy, based on the Accords of San Andrés and the international benchmarks: ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples.

Finally we ask individuals, communities, groups and solidarity organizations at a national and international level, to be attentive to the actions of the First District Court of Federal Criminal Proceedings in the state of Chiapas, and to join the actions taking place in the fourth phase of the Worldwide Campaign for the freedom of Francisco Sántiz Lόpez and Alberto Patishtán, “For 9 months: 9 Days of Action to Break Down the Prison Walls”, from Monday 27 August to 4 September this year, called by the Movement for Justice in El Barrio from New York, USA. …source