On 16 July 2007, thousands of people marched towards the Guelaguetza Auditorium in order to celebrate the "Guelaguetza Popular", an event organized by the local opposition movement, the Popular Assembly of the People of Oaxaca (Asamblea Popular de los Pueblos de Oaxaca, APPO), in opposition to the “official” Guelaguetza, an event celebrating traditional indigenous cultures organised by the state government. Police, under the command of the Oaxaca State Secretary for Public Security and the head of police, blocked the path of protesters. Violence broke as some demonstrators and police threw stones at each other. Visual evidence indicates that during the clashes police destroyed vehicles, threw rocks, and used batons and teargas indiscriminately, and that demonstrators damaged shops, two hotels and various cars. Some journalists, scores of protesters and passers-by were injured, as well as at least 15 police officers. More than 40 people were arrested, including four young women and six minors.

The stories of ill-treatment of those detained on 16 July are harrowing. Most of the more than 40 detainees were reportedly ill-treated by police officers during their detention. A relative of 43 year-old Emeterio Cruz, plumber and father of four children, told Secretary General of Amnesty International during a visit to Oaxaca on 31 July 2007 that on 16 July 2007 he was arrested by municipal and state police and while in custody he was hit on the head and badly beaten by police officers causing him a brain haemorrhage and a fractured skull, injuries all over his body and leaving him in coma for more than two weeks. According to reports and independent medical examinations, cigarette burns were identified on Emeterio Cruz’s back, which may have been the result of torture while in custody. The State government provided financial assistance to cover immediate medical costs and medical, psychological and physiotherapy support. However, Emeterio Cruz’s left eye continues to be affected, the right side of his body remains partially unresponsive and he has lost much of his memory. He is still deeply psychologically affected. Emeterio Cruz was charged with arson and criminal damages (daños y daños por incendio) and on January 2008 charges against him were dropped (desistimiento de la acción penal).

Emeterio Cruz’s case is not the only one. Those detained on that date suffered beatings, threats and insults. Police forced many detainees to have their heads shaved while being held on the ground. Some of the women detainees also reported suffering indecent assaults. At least four detainees were hospitalized for several days to receive specialized medical attention. Twenty seven year-old teacher Raymundo Torres was left unconscious for almost an hour as a consequence of the severe beating by police during his detention. The head wounds he received required 13 stitches and he was kept in hospital for more than 15 days. Fifty-five year-old teacher Eliel González lost consciousness for several minutes after being blindfolded and badly beaten around the head and all over his body by police and was kept in hospital for almost two weeks. Forty-nine year-old Jorge Luis Martínez, a primary school teacher, also told the Secretary General of Amnesty International that on the afternoon of 16 July he was travelling in a private vehicle with family members and friends when police officers stopped the car, dragged him out and beat him all over his body and jumped on his back. He was kept in hospital for one week and had surgery on his left-hand.

All the 16 July detainees have now been released and charges against them have been dropped. Only two minors continue to face proceedings in the juvenile courts.

However, the investigation into Emeterio Cruz’s detention was the only criminal investigation opened in relation to the human rights violations committed on 16 July. On 5 September, after delegations of Amnesty International and the Inter American Commission on Human Rights called for impartial investigations, five police officers (three municipal and two state officers) were committed for trial on charges of bodily harm (lesiones personales) and abuse of power (abuso de autoridad). They remain in custody pending trial.

Despite the criminal investigation against the five police officers involved in Emeterio Cruz’s detention and an enquiry opened by the Oaxaca State Human Rights Commission, Amnesty International is not aware of any other substantial criminal investigations into the wide range of human violations committed on 16 July 2007. Senior state officials who ordered and directed the police operation have not apparently been held to account or even an internal police enquiry to improve methods of dealing with public order disturbances. Only Emeterio Cruz has received some assistance for the injuries he suffered and no victim has officially received redress.

Background information

In May 2006 the teachers union in Oaxaca State, Section 22 of the National Teachers Union, called a strike in support of annual negotiations on pay and conditions. On 14 June 2006 following increasing tension and pressure on teachers to return to work, 700 state police officers attempted to remove them from the city centre. During the operation there were widespread reports of use of excessive force and several arbitrary detentions of union leaders. In response, APPO was formed to support the teachers. In July and August on at least three occasions, armed men, including state police, reportedly fired on unarmed demonstrators occupying TV and radio stations. Throughout September and October more than 1800 barricades and continuing demonstrations paralysed Oaxaca City. On 27 October 2006, at least four people were killed and many more seriously wounded in violent confrontations at barricades. On 25 November, there were violent clashes between state and federal police and some demonstrators resulting in serious damage to public buildings and 149 arrests. Many were held incommunicado and ill-treated or tortured. More information in “MEXICO: Oaxaca: Clamour for Justice” (AI Index: AMR 41/031/2007).