PUBLIC AI Index: AMR 41/054/2006

24 November 2006

Further information on UA 307/06 (AMR 41/053/2006, 16 November 2006) - Fear for safety/Fear of ill-treatment/Arbitrary Detention

MEXICO Members of the indigenous community of Viejo Velasco Suarez, Chiapas state

Diego Arcos Meneses (m)

New names: Pedro Núñez Pérez (m)

Mariano Pérez Guzmán (m)

Miguel Moreno Montejo (m)

Juan Peñate Montejo (m)

D
iego Arcos Meneses, who was arrested on 14 November, is at risk of torture or ill-treatment in detention. He was detained and beaten after refusing to sign a witness statement relating to the attack on the community of Viejo Velasco Suarez in Chiapas State on 13 November, because he was not provided with a translation of the document into his own mother tongue. He is being held by the authorities in a secure building (casa de arraigo) in Chiapa de Corzo. He has not been charged with any offence and the authorities may detain him for up to 90 days without charging him.

According to new information received by Amnesty International, four people from the community of Viejo Velasco Suarez are missing after the attack. Pedro Núñez Pérez, Mariano Pérez Guzmán and Miguel Moreno Montejo were reportedly detained by some inhabitants of the nearby community of Nueva Palestina, who were part of the attack commando. The three men were allegedly beaten and killed. The other missing man, Juan Peñate Montejo, was reportedly shot while he was running away from the scene of the attack. There is no news of the whereabouts of the four. Their families have reported them missing to the authorities.

Pedro Núñez Pérez was one of the two people who was reportedly taken hostage in the community of Nueva Palestina. The other hostage, his daughter, was released on 14 November and managed to make her way to the home of a relative.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Spanish or your own language:

- expressing concern at the detention without charge of Diego Arcos Meneses, and calling for his immediate release if he is not to be charged with a recognizably criminal offence, in accordance with international human rights standards such as due process and fair trial (art. 10 and 9 ICCPR, art. 7 and 8 IACHR, etc.);

- urging the authorities to guarantee that he is being treated humanely in detention, and not tortured or ill-treated;

- urging the authorities to promptly conduct an independent and impartial investigation into the fate and whereabouts of Pedro Núñez Pérez, Mariano Pérez Guzmán, Miguel Moreno Montejo and Juan Peñate Montejo;

APPEALS TO:

Attorney General of Chiapas

Lic. Mariano Herrán Salvatti

Fiscal General de Justicia del Estado de Chiapas

Libramiento Norte s/n, tercer nivel, Colonia Infonavit “El Rosario”, CP 30064

Tuxtla Gutiérrez, Chiapas, Mexico

Fax: + 52 961 61 657 24

Email: mherran@fge.chiapas.gob.mx

Salutation: Estimado Sr. Fiscal/Dear Attorney General

Governor of Chiapas

Pablo Salazar Mendiguchía

Gobernador del Estado de Chiapas

Palacio de Gobierno del Estado de Chiapas

Av. Central y Primera Oriente

Colonia Centro, C.P. 29009

Tuxtla Gutiérrez, Chiapas, México

Fax: + 52 961 612 5618/612 9189

Salutation: Dear Governor/Señor Gobernador

Federal Attorney General

Lic. Daniel Cabeza de Vaca

Procurador General de la República, Procuraduría General de la República

Reforma Cuauhtémoc esq. Violeta 75, Col. Guerrero, Delegación Cuauhtémoc

México D.F., C.P. 06 500, MEXICO

Fax: + 525 55 346 0908 (if a voice reply say: “me da tono de fax por favor”)

Salutation: Dear Attorney General

Minister of Public Security, Chiapas State

Lic. Horacio Schroeder Bejarano

Secretaría de Seguridad Pública

Libramiento Sur Oriente Km. 9

C.P. 29070 Tuxtla Gutiérrez, Chiapas

(01 961) 61 7-70-20

Email: hschroeder@chiapas.gob.mx

Fax: + 525 55 961 61 7-70-20 ext. 16045

Salutation: Dear Minister / Señor Secretario

COPIES TO:

Human rights organization

Centro de Derechos Humanos Fray Bartolomé de las Casas A.C

Brasil No. 14 Barrio Mexicanos, CP. 29240, San Cristóbal de las Casas, Chiapas, Mexico

and to diplomatic representatives of Mexico accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 5 January 2006.