CCPR/C/123/D/2767/2016
between the Governor of the State of Puebla and Mr. Nacif 7 were transcribed in the press
and aired on radio and television, in which Nacif thanked the Governor for his efforts to
arrest the author.8 In subsequent public statements to the press, Mr. Nacif confirmed that he
had asked the Governor of Puebla to intervene in the author’s arrest and praised the
Governor’s “decisive action” and “firm hand”, adding that he had wanted to “teach the
author a lesson”.
2.10 On 22 February 2006, the Congress of the Union requested the Supreme Court to
exercise its power to investigate the facts relating to the author’s detention and prosecution
on the grounds that they might constitute “serious violations of individual guarantees”.9 On
29 November 2007, by a vote of 6 to 4, the Supreme Court concluded that the author’s
individual guarantees had not been seriously violated.
Criminal proceedings initiated by the author in respect of her detention and torture
2.11 On 13 March 2006, the author filed complaints with the Office of the Attorney
General of the Republic concerning the offences of torture, attempted rape, arbitrary
detention, intimidation and abuse of authority against two judicial officers of Puebla, and
complaints concerning bribery, influence peddling, offences against the administration of
justice and the offence of collusion among public servants against the Governor of Puebla,
the Attorney General of the State of Puebla and the presiding judge of the Fifth Criminal
Court of the State of Puebla, and all those who might be found responsible. The author’s
complaints led to the opening of two preliminary investigations by special prosecutors of
the Office of the Attorney General of the Republic; the investigation was subsequently
referred to the Office of the Special Prosecutor for Offences Committed against Journalists.
2.12 On 30 January 2008, the Office of the Special Prosecutor for Offences Committed
against Journalists brought criminal proceedings before the Second Criminal Court of First
Instance of the Judicial District of Cancún (State of Quintana Roo) in respect of the two
State of Puebla judicial police officers alone, as probable perpetrators of the offence of
torture. On 6 May 2008, the Second Criminal Court dismissed the criminal proceedings
against the two defendants; the decision was confirmed on appeal by a decision of 8
January 2009 of the High Court of Justice of the State of Quintana Roo. Regarding the
responsibility of the other persons against whom complaints were made, the Office of the
Special Prosecutor decided on 16 June 2008 not to bring criminal proceedings.
2.13 In 2009, the Office of the Attorney General of the Republic launched new
preliminary investigations against “those responsible” for the offences of abuse of public
office and abuse of authority, in accordance with recommendation 16/2009 of the National
Human Rights Commission. 10 However, these preliminary investigations were concluded
without criminal charges being filed.
2.14 On 18 June 2009, the Office of the Attorney General of the State of Quintana Roo
opened a preliminary investigation against a third judicial officer, of that State. The
investigation was closed on 18 October 2011 on the ground that there was insufficient
evidence to launch a criminal prosecution; the author was not informed of the decision.
7
8
9
10
4
Attorney General replied that what the author was doing was “pressuring the authorities, which is
typical of people like her”.
In an open letter to the public, dated 6 April 2011, Mr. Nacif acknowledged the authenticity of the
recordings.
The conversation contained derogatory language and insults used by the Governor to refer to the
author, including the following: “Well, I sure gave that old bitch her [expletive] comeuppance
yesterday. I told her that in Puebla the law is respected and anyone who commits a crime is called a
criminal.”
A power provided for under article 97 (2) of the Constitution of the United Mexican States (the
provision has been repealed).
The National Human Rights Commission — the national human rights institution of Mexico —
received a complaint in December 2005 regarding the author’s arbitrary detention, incommunicado
detention, torture and cruel and inhuman treatment. In recommendation 16/2009, of 6 March 2009,
the Commission concluded that the author had been subjected to acts of torture, but it held only two
Puebla State judicial police officers responsible.
GE.18-14178