CAT/C/38/D/298/2006
page 5
2.10 In support of their allegations concerning the human rights situation in Mexico, the
complainants submitted reports issued by Governments, non-governmental organizations and
experts. These included reports from the Department of State of the United States of America
and Amnesty International (2006).
2.11 The PRRA procedure issued its decision on 3 March 2006, its conclusion being that the
complainants had not convincingly demonstrated that they were at personal risk of retaliation by
the former mayor of San Andrés Cholula, drug traffickers in his pay or corrupt police officers.
The decision stated that, according to case law, it must be assumed that a State was capable of
protecting its citizens, except in the case of a total collapse of State structures, which was not the
case in Mexico.
2.12 On 8 June 2006, the complainants applied for visa exemption and permanent resident
status on humanitarian grounds. At the same time, they applied for an administrative suspension
of their deportation so that their case could be reviewed on humanitarian grounds. Their
application for suspension of the deportation order was rejected on 13 June 2006. They
subsequently submitted an application for suspension to the Federal Court.
2.13 On 27 June 2006, the complainants informed the Committee that their application for
suspension had been rejected that day by the Federal Court. They had been given only a few
minutes to express their views and the hearing had lasted less than 20 minutes, whereas it ought
to have lasted approximately two hours. The complainants explained that the judge had criticized
them for not having applied to the Federal Court for judicial review of the negative decision of
the PRRA procedure. They had tried to explain that their former lawyer had been tired by the
number of negative decisions issued both by the PRRA officer and the Federal Court and that
there were serious grounds for the application for a suspension. The judge had not, however,
allowed them to develop their argument and had rejected their application. They considered that
they had not had a fair hearing.
The complaint
3.1 The complainants allege that the Immigration and Refugee Board rejected their asylum
request unjustly and erroneously. The Board had concluded that there were discrepancies in
C.A.R.M.’s testimony whereas, in fact, no such discrepancies existed. With regard to the
question of whether the mayor was present or not at the meeting on 22 August 2002, they
explained that C.A.R.M. had spoken with the mayor’s secretary, who spoke on the mayor’s
behalf while the mayor himself was at that moment in an adjoining office with the door open.
They emphasize that there is no discrepancy in this part of C.A.R.M’s statement. As for the
alleged discrepancy concerning the officers who were persecuting them and the reason that
C.A.R.M. had not mentioned that they were being threatened by Gulf Cartel drug traffickers, the
complainants state that C.A.R.M. had said that he was afraid of individuals having ties to
prisoners protected by the mayor and that he was being sought by the police and the mayor. The
complainants state that the person principally involved in their persecution was the mayor, who
acted also through members of the Gulf Cartel and corrupt police officers. Once again, there was
no discrepancy in C.A.R.M.’s story.