Re: Mr. Samuel Alfonso Castellanos Piñón, lawyer, and Ms. Beatriz Casas Arellanes, lawyer, and others working with the Oaxaca regional office of Acción de los Cristianos para la Abolición de la Tortura (ACAT); Mr. Carlos Cruz Mozo and Members of the Organización Indígena de Inocencio; and Mr. Inocencio López Michel of Derechos Humanos de Oaxaca (OIDHO)
To: Dr. Sergio Segreste Rios, Presidente de la Comisión de Derechos Humanos del Estado de Oaxaca
From: Catherine Morris LL.B., LL.M.
Date: 2003-04-05
Lawyers’ Rights Watch Canada (LRWC) is a committee of Canadian lawyers. LRWC provides support internationally to lawyers in danger. It also promotes the enforcement of international human rights standards that protect the duty and right of lawyers to uphold the rule of law.
We have become aware of a situation about which we feel sure that you would wish to be informed, so that you can direct the appropriate government officials to take prompt actions in keeping with the Constitution, laws and international legal obligations of the Republic of Mexico.
We are very concerned for the safety of above named individuals working on the legal defences of on the case of those accused of the killing of 26 indigenous people in Agua Fria in May 2002. We have received reports of death threats against human rights activists and lawyers working on behalf of these accused individuals. On 31 March 2003, an anonymous death threat against Samuel Alfonso Castellanos Piññóón and others acting on behalf of those accused of the Agua Fria killings was delivered to the regional office of Acción de los Cristianos para la Abolición de la Tortura (ACAT) in Oaxaca City. This letter warns that Samuel Alfonso Castellanos Piññóón would be killed unless stops acting as defence lawyer on behalf of those accused of the Agua Fria murders. We understand that the nature of the death threat suggests that those responsible for the threat know the daily routines of the people working on the case. This death threat follows another similar threat on March 1, 2003, against members of ACAT and the Organización Indígena de Derechos Humanos de Oaxaca. We understand that investigations into the Agua Fria killings are reported to be approaching a critical stage. We are concerned that these death threats seem intended to obstruct the legitimate work of the defence team. Our concerns are intensified by reports of Amnesty International that those in detention and charged with these offences have alleged that their confessions had been extracted by torture.
We trust that you will take immediate measures to guarantee the safety of these persons who are exercising their rights and duties as lawyers and human rights workers. We also trust that you will call for an immediate, full and impartial investigation into the threats and intimidation against all of the above-named individuals and groups.
We feel confident that your office will take these and all other necessary steps to ensure that the Republic of Mexico complies with both the letter and spirit of the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Institutions to Promote and Protect Universally Recognised Human Rights and Fundamental Liberties. This Declaration recognizes the legitimacy of the activities of human rights defenders and their right to carry out their activities without any restrictions or fear of reprisals.
We would greatly appreciate your government’s response to LRWC by mail, email or fax in response to these matters and of all the actions taken by your government to ensure that these individuals are granted the protection of the law in accordance with your country’s international obligations. We look forward to hearing from you at the earliest possible time.