Human Rights Actions Network http://www.derechos.org/human-rights/actions Case MEX 230996 . CC The International Secretariat of OMCT requests your intervention in the following situation in MEXICO. Brief description : The Secretariat has been informed of the death of the minor Marcelino ZAPOTECO ACATITLAN, a 17 year old indigenous member of OPCG - the Guerrero Organisation of Peoples and Colonies - on 15 September 1996, in Chilpancingo, State of Guerrero. The death was presumably caused by ill treatment suffered in the Albergue Tutelar, a detention centre in Chilpancingo, and/or for alleged medical negligence and denial of assistance. According to information from LIMEDDH (Liga Mexicana por la Defensa de los Derechos Humanos) member of the network, and from the CNI (Independent National Committee), affiliate of FEDEFAM, also member of the network, the minor ZAPOTECO ACATITLAN had been illegally detained. On September 9 he was transferred to the general hospital "Dr. Raimundo Abarca Alarcon" showing signs of beatings which he claimed had been inflicted on him by another prisoner identified as Carlos Perez. ZAPOTECO ACATITLAN died on September 15 1996. A doctor informally stated that the youth suffered from an infectious illness. LIMEDDH fears that this is a case of medical negligence given that the required medical tests were not completed in time and that the youth did not receive the appropriate or necessary medical care. The same organisation also observes that the fact that ZAPOTECO ATITLAN's release was ordered a few hours before his death was a move intended to exempt the Albergue Tutelar of all responsibility. The CNI in turn has observed that the authorities of the Albergue Tutelar might also be responsible, especially the director, given that they did not intervene to prevent the ill treatment which ZAPOTECO ACATITLAN suffered allegedly at the hands of Carlos Perez. The reports from the various organisations, including LIMEDDH and CNI, also coincide on the issue of the illegality of the victim's detention, the denial of juridical assistance and the violation to the right to personal safety. The minor Marcelino ZAPOTECO ACATITLAN and a friend, identified as Pedro VALOY ALVARADO, both members of the OPCG, were detained at 10 pm. on July 8 1996 by agents of the municipal police. Both were taken to police headquarters in the Indeco Colony, Chilpancingo, where an unidentified person (a taxi driver) accused them of armed robbery. They were later severely beaten by police agents. Shortly after the detention the representatives of the mentioned organisations and other NGOs went to police headquarters to enquire about the situation of both detainees. All the reports affirm that the detention had not been registered, that there was no proof of the alleged crime and that no authority had claimed responsibility for the detention nor had the identity of the supposed informer of the crime been established. Although VALOY ALVARADO was released on July 10 due to lack of evidence, the minor ZAPOTECO ACATITLAN remained in detention, under accusation of having stolen a car (even though he could not drive) and was held in the Albergue Tutelar del Menor. Action requested : Please write to the Mexican authorities urging them to : i. carry out a full and impartial investigation into the circumstances of the detention of and ill treatment inflicted on the minor Marcelino ZAPOTECO ACATITLAN and on Pedro VALOY ALVARADO, and on the presumed medical negligence and denial of assistance, as well as the charge of ill treatment in relation to the death of the minor; ii. investigate the alleged responsability of police agents, the authorities of the Albergue Tutelar and the medical staff, and ensure that, if responsible, they be brought to trial and given the penal, civil and/or administrative sanctions provided by the law; iii.guarantee ZAPOTECO ACATITLAN's and VALOY ALVARADO's families' right to adequate redress and compensation; iv. ensure the full respect for human rights and fundamental freedoms in the country, in accordance to national laws and international standards. Addresses : S.E. Dr. Ernesto Zedillo Ponce de Leon, Presidente de la Republica, Palacio Nacional, C.P. 06065, Mexico, D.F., Mexico. Fax (+ 52 5) 271 17 64 o/or 515 47 83 o/or 516 57 62 Lic. Emilio Chuayffet Chemor, Secretario de Gobernacion, Secretaria de Gobernacion, Bucareli 99, 2§ piso, Col. Juarez, Mexico, D.F., Mexico Fax (+ 52 5) 546 53 50 o/or 592 42 30 Dr. Antonio Lozano Gracia, Procurador General de la Republica, Procuraduria General, Violeta y Reforma s/n 2§ piso, Col. Guerrero, Mexico, D.F. CP 06300 Mexico. Fax: (+ 52 5) 626 44 26 Lic. Jorge Madrazo Cuellar, Presidente Comision Nacional de Derechos Humanos, Periferico sur 3469, Col. San Jeronimo Lidice, Deleg. Magdalena Contreras, C.P. 10200, Mexico, D.F., Mexico. Fax.: (+ 52 5) 631 26 33 Mexican embassy in your country. Geneva, 23 September 1996 Kindly inform us of all action undertaken quoting the code number of the present appeal in your reply. Ben Schonveld Projects Manager OMCT - SOS Torture Tel: +41-22-733 31 40 Case Postale 119 Fax: +41 22-733 10 51 CH 1211 Geneva 20 Conf: omctsostorture@conf.igc.apc.org Switzerland OMCT@iprolink.ch OMCT is the l'Organisation Mondiale contre la Torture The World Organisation Against Torture