Impunity for Acteal
By Bill Jungels
I just got back from Chiapas, Mexico's southernmost and most indigenous state, and the outlook there is suddenly very bad.
On Friday the 7th of August I attended the dedication of the new church at Acteal, a joyous occasion presided over by Father Marcelo, the Tzotzil Maya Catholic pastor of Chenalhó and coordinated by my friend Cristóbal who is a catechist and a member of Las Abejas, the group that was the victim of the massacre of 45 members at Acteal in 1997 by paramilitaries supported by the government and military.
On returning to San Cristobal on Sunday I was shocked to read that the Supreme Court of Mexico was about to release 41 of those imprisoned for the crime on technical grounds of a flawed investigation.
The investigation was indeed deeply flawed as are all Mexican investigations. Part of these flaws were indeed an extension of the crime by government actors, as the bodies were moved to Tuxtla before any investigation in an attempt to cover up the crime. Then, when the world outcry made prosecution necessary, evidence was invented and Tzotzils accused were not provided with translation of the proceedings in Spanish. Many of us believe that the investigation was so obviously bungled in order to lay the groundwork for what is happening now: the release of faithful servants of the government. The Supreme court has not deigned to release any of the prisoners on the left from Atencno or Oaxaca, though the investigations were similarly flawed. All the convicted for Acteal have been identified by victims. There could be some innocent among them but to simply release a large portion of them without judgment as to their guilt is to support impunity.
On Tuesday, the day before I left, the Abejas gathered in front of the cathedral in San Cristobal for a prayer ritual before 40 leaders and victims of the massacre, wounded and relatives of the slain, set off for Mexico City to bear witness before the Supreme Court. I found Cristóbal there and was able to discuss with him my thought that I should remove his testimony over Acteal from my documentary in order to shield him from retribution from released paramilitaries who were never required to surrender their arms. Some of the victims who testified against those to be released have said that they will leave Chiapas to avoid such vengeance. Cristobal’s response was typical: “Everyone knows who I am and what I stand for. And if God wishes to allow them to kill me, then so it will be.” I had to agree with his first point, but regarding the second I told him we needed him here guiding his peoplel and continuing the struggle for justice for the indigenous of Chiapas.
Returned to the States I read that the Supreme Court has ordered the release of 20 of those under consideration. One of the justices. Sergio Valls, refused to sign off on the 31 under his review. These will be reviewed again with possible release.
The one possible positive to these events is that it opens the way for intervention of the international courts with a clear demonstration of impunity for human rights violators in Mexico. The Abejas have long been petitioning the Inter American Human Rights Commission (CIDH) of the OAS to open an investigation into Acteal that would identify additional paramilitaries that took part in the action and identify the high level government and military intellectual authors of the crime and try them in the Inter-American Court of Human Rights. Perhaps we in organizations that would like to help the Abejas find justice should focus our attention on letters and petitions of support for these actions. Perhaps now the OAS will have to admit the failure of the system in Mexico and take action.
For links to a sample letter to the CIDH and a fact sheet on Acteal, visit http://www.lascwny.org
August 21, 2009