PUBLIC AI Index: AMR 41/026/2009

28 May 2009

Further Information on 88/09 (AMR 41/018/2009, 27 March 2009) Fear for safety/Fear of torture/Possible enforced disappearances

MEXICO Miguel Alejandro Gama Habif, (m), aged 25

Israel Ayala Martínez, (m), aged 20

New name: Aarón Rojas de la Fuente (m), aged 24

The charred bodies of Miguel Alejandro Gama Habif, Israel Ayala Martínez and Aarón Rojas de la Fuente, were found 15km south of the town of Nuevo Laredo, Tamaulipas state, on 5 May.

The three men were driving through Nuevo Laredo on 17 March when they were stopped and detained by soldiers. At first only Miguel Alejandro Gama Habif and Israel Ayala Martínez were reported missing, presumed detained by the military, but subsequent information confirmed that another man, Aarón Rojas de la Fuente, was in the car with them.

On 8 May, the Ministry of National Defence announced that 12 soldiers had been formally charged after a military prosecutor had ordered their arrest in connection with the three men’s deaths. No further information regarding the charges or the investigation has been provided by the authorities.

A local human rights organization aiding the relatives of the three men has claimed that other members of the army may have been implicated in the men's disappearance.

On numerous occasions, Amnesty International has expressed deep concern at the application of military jurisdiction for the investigation, prosecution and trial of serious human rights violations committed by members of the Mexican armed forces. Over many years, Amnesty International has documented that this practice consistently results in lack of information for victims and relatives, deficient investigations and systematic impunity for those members of the army implicated in serious human rights violations.The organization continues to call for such crimes to be passed to civilian justice system for investigation and trial.

Many thanks to all those who sent appeals. No further action is requested from the UA network at present. Amnesty International will take further action on this case as necessary.