E/CN.4/1998/38/Add.2
page 6
of the military he was beaten and subjected to other forms of torture, such as
being suspended over a cliff and threatened with being dropped if he did not
admit the whereabouts of the weapons and attackers.
18.
In November 1997, the National Human Rights Commission (CNDH) sent the
Military Procurator recommendation 100/97 concerning the participation of the
army in human rights violations in the state of Guerrero. With reference to
cases of arbitrary arrest, injury and torture, the Commission concluded:
“1.
Evidence has been found of acts of arbitrary arrest, and of
injuries suffered by the victims, as recorded in the reports by medical
experts registered with this national body.
2.
This national body considers, in respect of Mr. Juan Leonor Bello,
Mr. José Santiago Carranza, Mr. Faustino Martínez Basurto, 2 Mr. Paulino
Padilla Rosario and the minor Antonio Padilla Gatica, that such methods
were used when they were arrested and received injuries, particularly
when they were blindfolded, their hands were tied and they were
interrogated under threats and intimidation in order to obtain
information about militants of the so-called People's Revolutionary
Army. Such incidents may well be considered acts of torture, which
should be investigated.
3.
In view of the above, although the facts recorded in the reports
do not reliably prove the specific responsibility of any public
authority or servant, the Armed Forces should in conjunction with the
federal and state authorities undertake a full investigation of each of
these incidents”. 3
The Commission therefore recommended that the Military Procurator should
initiate the appropriate preliminary investigations and, if responsibility was
ascertained, bring charges and carry out any orders of arrest which might be
issued.
19.
The Special Rapporteur also received information concerning many cases
of torture in the state of Oaxaca, where the EPR also appeared in 1996 and
carried out violent raids, resulting in an increased military presence, the
setting up of checkpoints and numerous arrests. In the Loxicha region of
Oaxaca, these events coincided with popular demands for improved public
services and infrastructure. Incidents took place, as on 25 September 1996
when a major operation was launched in the Loxicha region, in which members of
the preventive police, the State Judicial Police, the Federal Judicial Police
and the army took part, following an armed raid by the EPR at the end of
August. Several persons were arrested in the villages of San Agustín Loxicha
and San Francisco Loxicha, including members of the municipal authority. They
included Isaías Ambrosio Ambrosio, Manuel Nicandro Ambrosio, José Agustín Luna
Valencia and Fortino Enríquez Fernández, Emiliano José Martínez and Luis José
Martínez. Also as a result of the EPR raid in late August 1996, a number of
persons were arrested in and around the town of Huatulco, including
Urbano Ruiz Cruz, Juan Díaz Gómez, Régulo Ramírez Matías, Estanislao Martínez
Santiago, Cirilo Ambrosio Antonio, Ricardo Martínez Enríquez and Francisco
Valencia Valencia. On 7 November a new joint operation took place similar to