IMPUNITY MEXICO
WHEREAS
doubts remain concerning the October 16, 2002, death of José Miranda
Virgen, columnist of the daily newspaper Sur de Veracruz, that the cause might
not have been unpremeditated accident, as the Veracruz State Attorney’s
Office concluded, and because there was no investigation into the relationship
of the incident with the kind of reporting that the journalist did as a critical
columnist
WHEREAS
Félix Fernández García, editor of the magazine Nueva
Opción in Ciudad Miguel Alemán, Tamaulipas, was murdered on
January 18, 2002, and to date the investigation into his death has produced
no result
WHEREAS
Saúl Antonio Martínez González, managing editor of the
newspaper El Imparcial in Matamoros, Tamaulipas, was murdered on March 24,
2001, and to date the investigation into his death has produced no result
WHEREAS
José Luis Ortega Mata, editor of the weekly newspaper Semanario de
Ojinaga, was murdered on February 19, 2001, and following the arrest and subsequent
release from custody of the alleged mastermind of the murder there has been
no further development in the case, even though it has been transferred to
federal jurisdiction
WHEREAS
the two alleged perpetrators of the 1998 murder of Philip True, correspondent
in Mexico of the San Antonio Express-News, remain free after a February 20
ruling by the Third Circuit Second Collegiate Court, a federal court, overturning
the 13-year prison sentence against them by the state Supreme Court, on the
grounds of irregularities in the appeal lodged by the Jalisco State Attorney’s
Office against acquittal of the two by a lower court in Colotlán in
August 2001
WHEREAS
the Mexican government has not responded to all the recommendations issued
by the Inter-American Commission on Human Rights concerning the cases of the
murders, investigated by the IAPA, of Héctor Félix Miranda on
April 29, 1988, and Víctor Manuel Oropeza on July 3, 1991, in which
it has been established that the Mexican government has an international liability
for the violations committed, it being the case that in neither of the cases
has the possibility of a political motive been investigated
WHEREAS
the President of Mexico, Vicente Fox, recently reiterated his pledge to have
steps taken at the federal level for investigations to be carried out into
the murder of journalists and while last April an Task Force on Incidents
Against Freedom of Expression was set up in the Interior Ministry, this has
not been sufficient to solve the still open cases
WHEREAS
Principle 4 of the Declaration of Chapultepec holds that “freedom of
expression and of the press are severely limited by murder, terrorism, kidnapping,
pressure, intimidation, the unjust imprisonment of journalists, the destruction
of facilities, violence of any kind and impunity for perpetrators. Such acts
must be investigated promptly and punished harshly”
THE IAPA MIDYEAR MEETING RESOLVES
to call upon the Veracruz state authorities to keep the case of José
Miranda Virgen open, so that, so long as state jurisdiction permits it, new
lines of investigation can be pursued in the event that it later emerges that
the accident in which the columnist died was premeditated and was a consequence
of his working as a journalist
to urge the Tamaulipas state authorities to make
every effort to solve the murders of Félix Fernández García
and Saúl Antonio Martínez González, identifying both
the perpetrators and those behind the crimes
to request that the Mexican Attorney General’s
Office report on the findings so far in the investigation into the alleged
murder of José Luis Ortega Mata, that was taken up recently by the
Specialized Organized Crime Unit (UEDO)
to repudiate the irregular manner in which the
case of Philip True has been handled, beginning with the deficient initial
police inquiries, and to encourage the Jalisco and federal judicial authorities
to undertake a rigorous review of the evidence and to mete out due punishment
of the guilty
to ask the Mexican government and judiciary to
take the necessary steps to ensure that the above-mentioned cases do not go
unpunished, considering the need for the murder of journalists to be handled
at the federal level so as to provide greater guarantees and transparency
and that the repeated promise of the executive branch, in the person of President
Vicente Fox, that this will be the case in fact is carried out as soon as
possible, preferably before his six-year term ends.