MEXICO
During
the last six months there were a number of serious attacks on journalists, which
represent a step backwards for freedom of the press and speech in Mexico.
Particularly
heinous were the murders of the journalists, Roberto Javier Mora García,
editorial director of El Mañana of Nuevo Laredo, Tamaulipas, stabbed
to death last March 19; Francisco Ortiz Franco, publisher of the newsweekly
Zeta in Tijuana, Baja California, gunned down in his car on June 22, and Francisco
Arratia Saldierna, a columnist for a number of newspapers also in Tamaulipas,
who was tortured and killed on September 1.
The IAPA
requested that President Vicente Fox intercede to shed light on these and the
killings of 13 journalists along Mexico's northern border during the last 10
years. The majority of these killings have gone unpunished.
The killing
of Francisco Ortiz Franco is particularly odious. At the midyear meeting held
at Los Cabos, Mexico, the IAPA in concert with the Mexican government and officials
in Baja California reached an agreement to review two cases of unpunished murders
of journalists: that of Héctor Félix Miranda, in April 1988, and
Víctor Manuel Oropeza, killed in Ciudad Juárez, Chihuahua, in
July 1991.
Pursuant
to this agreement, a task force established by the IAPA and the governments
of Mexico and Baja California met in Tijuana on April 23, to initiate the review
of the Félix Miranda case. There are two perpetrators serving prison
sentences, but the IAPA insists that there is evidence of other persons behind
the murder.
Based on his qualifications as a journalist, publisher and attorney, Ortiz Franco
was invited by the editor of the weekly newspaper Zeta, Jesús Blancornelas,
to join the task force. On May 13, the task force began its work in the offices
of the state prosecutor, and subsequently issued a report to the IAPA containing
possible leads which might enable the criminal investigation to be reopened.
In response
to persistent requests by the IAPA, the Mexican government decided to pursue
the investigation into the murder of Ortiz Franco at a federal level. An initial
report by the government indicated that the Arellano Félix drug cartel
was behind Ortiz Franco's killing. Subsequently, five suspects in the killing
were arrested including former police officer Alejandro Manuel Gómez
Ruvalcaba. He stated that the murder had been ordered by a cartel lieutenant
known as “El Cris” because Ortiz Franco had revealed the identity
of suspected members of the Arellano Félix cartel.
In the early
morning on March 19, the journalist Roberto Javier Mora García was stopped
outside his home in Nuevo Laredo and stabbed to death. State authorities blamed
the murder on a gay couple living in the same apartment building. However, no
relationship whatsoever was established between the couple and the victim.
Both suspects
were held in a local jail, where the accused murderer —Mario Medina, a
U.S. citizen— was stabbed to death on May 13 during an alleged brawl with
other prisoners. Representatives of the United States government delivered a
protest letter in the opinion that Medina had been tortured in order to extract
a guilty confession. Tamaulipas journalists protested through multiple actions
what they considered to be a sham police investigation.
State authorities
reported that in the early morning on August 31, Francisco Arratia Saldierna
was left for dead in front of the Red Cross hospital in Matamoros, Tamaulipas.
Saldierna died as a result of injuries caused by his kidnapping and torture
in the early hours of September 1. Arratia was the author of the column “Portavoz”
carried on the Internet and in a number of local newspapers. He was also the
owner of a used car agency.
The Office
of the Attorney General took over the case, and on October 12 reported that
Raúl Castelán Cruz had been arraigned before a federal judge,
after confessing to the kidnapping and torture which caused the death of Arratia.
Castelán Cruz was identified as a gunman for the regional drug trafficking
cartel known as the "Gulf Cartel." Neither the exact motive for the
murder nor the figures behind it have been established.
The media
association in Mexico has protested these murders. Journalists from 19 states
sent protests to Tamaulipas Governor Tomás Yarrington demanding greater
commitment to clear up these and other unsolved murders. On October 11, journalists
held simultaneous rallies across Mexico with the support of U.S. colleagues
in bordering states.
The executive
branch has sent a bill to the Mexican Congress to enable the Attorney General
to assume control of all investigations into cases involving serious violations
of human rights or personal freedoms, including the murder of journalists where
it appears that the acts were related to their professional work. The proposed
amendment caps off a series of IAPA initiatives over the years designed to fight
impunity.
A bill introduced
by the mayor's office is pending approval by the Mexico City legislature. It
seeks to strike the offenses of libel and defamation by journalists from the
local Penal Code, moving them to civil jurisdiction, as has been requested by
the IAPA.
Unfortunately,
other states such as Chiapas and Aguascalientes have refused to repeal recently
enacted amendments to the penal code that stiffen the laws governing journalistic
activities.
The Mexican
Senate suspended debate on a bill to establish a law protecting the confidentiality
of journalists' sources. In contrast, a number of bills promoting legislation
to protect the confidentiality of journalists' sources have been introduced
at the state level, such as in Morelos and Sinaloa.
Currently,
the principal cause of the backlog in freedom of information legislation is
the reluctance of the legislative and judicial branches to permit greater accessibility.
Nearly half the states of Mexico have no freedom of information laws.
Following is a list of the more relevant attacks against freedoms.
- On April 26, the Jalisco State Supreme Court issued a sentence in the case
involving the December 1988 murder of U.S. journalist Phillip True. The court
sentenced two indigenous men, Juan Chivarra and Miguel Hernández, to
20 years in prison for the crime. They had been held in custody for the murder
since December 26, 1988. However, on August 2001 they were found not guilty
and released. This was appealed by the True family attorneys, which led the
State Court to take jurisdiction. Chivarra and Hernández remain at large
despite the five-month old sentence and subsequent arrest warrant.
The family
of the journalist Leodegario Aguilera Lucas, editor of the magazine Mundo Político
published in Acapulco, Guerrero, reported Aguilera’s disappearance on
May 23. The police reported on September 9 that they had found a badly burned
body, which they said was Aguilera's. They arrested three suspects who they
said confessed to murdering him over a land dispute. However they subsequently
denied this before a judge. Aguilera's sister, Ernestina Aguilera Lucas, denies
that the remains are those of her brother and continues to plead for his safe
return. To date the remains have not been forensically identified.
Management
of Frontera, a daily newspaper published in Tijuana, Baja California, reported
that on September 9 and 11, the main door and two windows of the building were
damaged by unknown assailants, apparently using firearms. In addition to the
June 7 incidents, unidentified persons left a vehicle with 800 kilos of marihuana
in the newspaper parking lot. On September 21 the IAPA issued a communiqué
condemning the incidents.
An October
6 story in La Crónica de Hoy a newspaper published in Mexico City, reported
that its website was the target of an Internet attack that temporarily shut
it down. According to the paper, the incident followed unfavorable coverage
of the Mexico City mayor, Andrés Manuel Lopez Obrador. The paper's management
announced that they would bring a criminal suit against whoever turned out to
be the perpetrator.
Management
at the Chiapas newspaper Cuarto Poder reported that the administration of Governor
Pablo Salazar Mendiguchía has waged a campaign of harassment against
the newspaper. This has included court actions threatening seizure of the newspaper
facilities containing the presses. Complaints by journalists have continued
in light of the recent amendment imposing harsher penalties for libel in that
state.
On October
4, Felipe Sánchez Jiménez, a reporter for the Mexico City daily,
Excélsior, in Oaxaca, and an op-ed columnist with El Imparcial, a local
newspaper, reported to the IAPA that one of his businesses used to distribute
national newspapers has been the object of harassment by competitors. According
to his report, the perpetrators were encouraged by political groups presumably
affected by his reporting work.