E/CN.4/1994/31
page 83
391. Another urgent appeal was transmitted to the Government on 19 May 1993
regarding Olga Torres Hernández, Roberto Palacios Sánchez, Manuel Escalante
Magos, Alicia Enriqueta Altamirano Jacinto, Froylan Martínez Chagoya, Cirilo
Hernández Rubio and Juan González Hernández. According to the reports, they
were arrested on 16 May 1993 while demonstrating in Mexico City in support of
a hunger strike by prisoners of the Reclusorio Preventivo Norte. Fears were
expressed that they might be subjected to torture while held in incommunicado
detention.
392. With respect to this case, the Government informed the Special Rapporteur
that on 17 May 1993 some 30 people had visited the office of the National
Commission for Human Rights to express their concern at the fact that a group
of citizens had been evicted, apparently by personnel from the Secretariat
General for Highways and Road Safety, from the place in which they were
conducting a demonstration and hunger strike, and that their whereabouts were
unknown. Subsequently, the Secretary-General for Highways and Road Safety had
informed the National Commission that Mr. Torres Hernández, Mr. Palacio
Sánchez, Mr. Escalante Magos and Mr. Altamirano Jacinto had been freed that
afternoon, and that they had been taken to the Cuauhtémoc police station
because they had committed administrative offences. This information had been
corroborated by the complainants on 18 May 1993. The latter had also informed
the National Commission on 3 June 1993 that the problem of the hunger strike
had been solved two weeks previously.
393. The Government also informed the Special Rapporteur that in the interview
with the citizens who sought the help of the National Commission for Human
Rights in determining the whereabouts of their relations and friends, it had
been established that they had contacted the National Commission not in order
to lodge a complaint, but to request urgent assistance. They had been
informed that if they wished to lodge a complaint concerning the violation of
human rights, they should do so by reporting specific facts and indicating
their wish that those facts should be investigated. The citizens had said
that if they decided to lodge a complaint, they would do so at a later date.
As yet they had not done so.
Observations
394. The Special Rapporteur notes the conclusions and recommendations of the
Committee against Torture adopted after its consideration of Mexico’s periodic
report under the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (A/48/44, paras. 226-229). He also notes
with appreciation the seriousness with which the National Human Rights
Commission appears to have considered complaints it has received. In view, in
particular, of the concern of the Committee against Torture about the small
number of torturers who have been punished, the Special Rapporteur would
appreciate learning what official action has been taken in cases where the
National Human Rights Commission has recommended official investigation and/or
legal proceedings.
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