Mexico - Letter regarding the case of David Venegas and

30/04/2007
Représentant les avocats d’Europe
Representing Europe’s lawyers
Minister of the Interior
Lic. Francisco Javier Ramírez Acuña
Secretario de Gobernación, Secretaría de Gobernación
Bucareli 99, 1er. piso, Col. Juárez, Del. Cuauhtémoc,
México D.F., C.P.06600, MEXICO
Re: Concerns regarding the case of David Venegas and Isaac Torres Carmona
Dear Minister,
I am writing to you on behalf of the Council of Bars and Law Societies of Europe (CCBE), which,
through the national Bars and Law Societies of the Member States of the European Union and the
European Economic Area, represents more than 700,000 European lawyers.
The CCBE, through its Human Rights Committee, places great emphasis on respect for human
rights and the rule of law. The CCBE is particularly concerned by the situation of human rights
defenders in the world.
The CCBE writes to express its serious concerns over the safety of David Venegas, a political
activist of the Popular Assembly of the People of Oaxaca (APPO) and Isaac Torres Carmona, a
human rights lawyer. We are told that David Venegas was in central Oaxaca at 1pm on 13th April
with Isaac Torres Carmona, also member of the Mexican League for the Defence of Human Rights
(Liga Mexicana para la Defensa de los Derechos Humanos), when eight state police officers in
uniform leapt from a vehicle without number plates. At gunpoint, they apparently forced David
Venegas to the ground and kicked him. The police reportedly threatened Isaac Torres Carmona and
told him not to get involved if he didn’t want to be taken, too. They showed no arrest warrant and
gave no reason for detaining David Venegas.
The CCBE is alarmed by this situation, because after this incident, Isaac Torres Carmona was
accused of possession of drugs such a heroine and cocaine. Photos taken by the authorities and
later published in the press show him standing with a bag of white powder and a copy of the APPO
publication Barrikada, held up in front of his bruised face. He was then taken to the Federal Attorney
General’s Office, where he was charged with the federal crime of possession of these substances.
We are concerned that political activists and human rights defenders, carrying out legitimate human
rights promotion work in Oaxaca and not responsible for criminal offences, may face politically
motivated arbitrary detention, ill-treatment and fabricated criminal charges, as has apparently
happened many times since a teachers' strike triggered a political crisis in the state in May 2006.
In this context, the CCBE wishes to draw to your attention the following Articles of the United Nations
Basic Principles on the Role of Lawyers (1990):
16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions
without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to
consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or
be threatened with, prosecution or administrative, economic or other sanctions for any action taken
in accordance with recognized professional duties, standards and ethics.
17. Where the security of lawyers is threatened as a result of discharging their functions, they shall
be adequately safeguarded by the authorities.
Conseil des barreaux européens – Council of Bars and Law Societies of Europe
association internationale sans but lucratif - RPM Bruxelles 0.467.250.186
Avenue de la Joyeuse Entrée 1-5 – B 1040 Brussels – Belgium – Tel.+32 (0)2 234 65 10 – Fax.+32 (0)2 234 65 11/12 – E-mail [email protected] – www.ccbe.org
18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging
their functions.
In view of the above, the CCBE respectfully urges you to take immediate and effective steps to
guarantee the safety of lawyers and human rights activists in order to preserve the independence
and integrity of the administration of justice in Oaxaca, Mexico, and to ensure that all attempts to
discredit lawyers for the legitimate exercise of their professional duties are promptly and effectively
stopped.
Yours sincerely,
Colin Tyre QC
President
Copy to:
General Prosecutor of the Republic
Lic. Eduardo Medina-Mora Icaza
Procurador General de la Republica
Procuraduría General de la República, Paseo de la Reforma nº 211-213, Piso 16
Col. Cuauhtémoc, Del. Cuauhtémoc, México D.F., C.P. 06500, MEXICO
Fax:
+52 55 53 46 09 08
Governor of Oaxaca
Lic. Ulises Ruiz Ortiz
Gobernador del Estado de Oaxaca
Carretera Oaxaca-Puerto Angel, Km. 9.5, Santa María Coyotepec, Oaxaca, Oaxaca C. P. 71254,
MEXICO
Fax:
+52 951 502 0530
Attorney General of Oaxaca
Lic. Evencio Nicolás Martínez Ramírez
Procurador del Estado de Oaxaca
Avenida Luis Echeverría s/n, Col. La Experimental, San Antonio de la Cal, Oaxaca, Oaxaca 71236,
MEXICO
Fax:
+52 951 511 5519
President of the National Human Rights Commission
Dr. José Luis Soberanes Fernández
Presidente de la Comisión Nacional de Derechos Humanos (CNDH)
Periférico Sur 3469, 5º piso, Col. San Jerónimo Lídice, México D.F. 10200, MEXICO
Liga Mexicana por la Defensa de los Derechos Humanos
Calle Murguía 600, Col. Centro, Oaxaca, México, C.P. 68000 MEXICO