Borderland Beat |  |
- Gun battles leaves 6 dead and 11 injured in Tamaulipas
- No Forced Disappearance Charges in Mexico's Ayotzinapa Case
- Guerreros Unidos and Los Rojos conflict-Scientists reject account of students incineration at dump
| Gun battles leaves 6 dead and 11 injured in Tamaulipas Posted: 26 Jan 2015 04:54 AM PST Translated for Borderland Beat from a Proceso article by Otis B Fly-Wheel
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| No Forced Disappearance Charges in Mexico's Ayotzinapa Case Posted: 25 Jan 2015 11:48 AM PST
A Mexican judge has said that there are no evidence to charge the detainees with the forced disappearance of the 43 missing students. Vidulfo Rosales, a human rights lawyer representing the families of the 43 Mexican students who went missing after being attacked by police in southern Mexico in September, said Saturday that Mexico's Attorney General (PGR) will not be placing charges of forced disappearance on the suspects in the case of the missing students. Detainees, which number some 90 so far, will still face charges of kidnapping and murder, after a judge considered that there is no evidence to place charges of forced disappearance. DD. note; A "forced disappearance" differs from a "kidnapping" in that it involves state action (involvement of a state official). Kidnapping is generally considered as a person taken and held for ransom. If an agent of the state is involved in a forced disappearance or torture the State as a whole, not just the agent is responsible under international law. It is a crime against humanity, or human rights and the state could be held in violation of several international laws and treaties and subject to sanctions by the UN. IMO that is why PGR and the Judge are going out of their way to avoid charging and convicting the detainees for the crime of "forced disappearance". Rosales also expressed concern that the PGR's investigation has "weaknesses and inconsistencies," adding that in the absence of compelling evidence that the students are dead, their parents will continue searching for them. According to the version of events provided by the Mexican government, the students were killed and their remains burned at a landfill, then placed inside plastic bags and thrown into a river. However, only the remains of one of the students, Alexander Mora, have been identified so far. More than 90 people, most of them local police in south-western Guerrero State, have been detained so far in connection with the case, including the former mayor of Iguala – the city where the students disappeared – who along with his wife who are accused of ordering the attack on the students by local police and the local Guerreros Unidos gang. Earlier this month, authorities reported the arrest of Felipe Rodriguez – known as "El Cepillo" or "The Brush" – who allegedly ordered Guerreros Unidos gang members to burn the bodies and clothing of the students to hide evidence. As the four month anniversary of the disappearance of the 43 Ayotzinapa students approaches, families of the disappeared youth have called on a massive demonstration in Mexico City on Jan. 26 to demand their return. TAKING THE CASE OF "FORCED DISAPPEARANCES" DIRECT TO THE UN In addition to the demonstration planned for Jan. 26, representatives of the missing students will go to Geneva this next week to present a 22 page report to the UN Committee Against Forced Disappearances. They will participate in the UN Committee meeting on Feb 1-2 that will be examining the issue of "forced disappearances" in the Mexican state. In an interview, Felipe de la Cruz, spokesperson for the students' parents, said: "We are going to Geneva to seek justice. We are going to search everywhere in the world that this crime of the State not go unpunished. We will knock on all necessary doors, because we know that the Mexican authorities protect each other and here [in Mexico] there are many interests."The 22-page document contains a damning report of what happened September 26-27, 2014, in Iguala, Guerrero. It demonstrates the inability of the Guerrero state government and the delayed reaction of the federal government and the Attorney General's Office (PGR), which began working on the case eight days after the incident. The document states: "Later still, 11 days after the disappearance of the 43 young people, President Enrique Peña Nieto spoke for the first time on the case." The document recalls that the Executive received the students' parents 34 days after the events. Most importantly, they say, four months after the fact, "the Mexican government has been unable to file charges and initiate legal proceedings for the forced disappearance of the students." The report points out the lack of action by the PGR for investigating the connection between organized crime and political authorities, it hasn't even begun: "It is naive to think that the collusion between organized crime and the public sector stops with the mayor of Iguala and his family. The narco-municipal governments can only exist with the acquiescence and complicity that go beyond the municipality. Therefore, it is essential to require that Guerrero's former governor (Ángel Aguirre) and other state officials in the Executive, Legislative and Judicial branches be investigated. The same [investigation] should be required of the Army." Contrary to the refusal by the Secretary of Government Relations, Miguel Ángel Osorio Chong, to investigate the Army in the Ayotzinapa case, the report presents the urgent necessity of opening and developing this line of investigation: "As the only federal authority territorially in place in Iguala, without a doubt, the Armed Forces relied on intelligence about links between authorities of the Mexican State and drug-trafficking groups. Today it is verified that the Armed Forces knew of previous events, such that they were aware of the breakdown of the municipality [government structure] and that they gave warning of the systematic use of 'disappearance' in this locality." The report exposes the crisis that exists in Mexico regarding this crime: "The Ayotzinapa case has come to demonstrate the consequences of years of impunity, inaction and indifference in the face of forced disappearance in Mexico. From different perspectives, the event has been designated as a watershed in recent history and as a turning point regarding the crisis of disappearances that the country is going through." Moreover, according to the report, the Ayotzinapa case demonstrates the lack of "governmental will and conviction" to address, prevent and punish the crime under international law: "The Ayotzinapa case conclusively confirms that the legal framework is insufficient and that the authorities completely ignore the Convention for the Protection of All Persons from Forced Disappearance. After the forced disappearance of the 43 students, no one faces criminal prosecution for that crime; further, no Mexican authority has used or invoked the Convention in legal decisions related to the prosecution and judgment of this crime." Considered to be the "most serious case of forced disappearance in the nation's history," they say, the event was not properly dealt with in the first, crucial hours: "In the case, despite the fact that beginning the night of September 26 there was evidence of forced disappearance of 43 young students, [yet] the initial investigations were not [focused] on the disappearances, but on the homicides; in fact, in the absence of a diligent investigation into the disappearances, the families filed complaints such that the respective files might be opened. The Ayotzinapa case also shows that searches for their safe return were not begun immediately." The report states that in order to investigate the students' whereabouts, the participation of Specialized Unit for the Search of Disappeared Persons, the Executive Committee for Victims' Care (CEAV) and the General Department of Strategies for Dealing with Human Rights in the Secretariat of Government Relations [SEGOB], "did not make, nor have they [subsequently] made, any significant intervention in the case; quite to the contrary, their official communications [regarding] the situation of forced disappearance have been fuzzy." The report shows the "simulation" of the Mexican government in creating institutions that do not really deal with cases of serious human rights violations, and it severely criticizes actions of the National Human Rights Commission (CNDH): "The Ayotzinapa case also shows that nothing has been served by the reforms that empowered the Commission to conduct special investigations." In conclusion, the report shows, among other things, the "inadequacy of the legal framework; lack of clarity about issues of authority and jurisdiction in respect to forced disappearance; absence of mechanisms for immediate search for live persons; limitations of the PGR's Search Unit; absence of systematic CNDH involvement; failures of the National Registry of Missing or Disappeared Persons and the failure of transitional justice." DD note; As defined by the UN, transitional justice is an approach to systematic or massive violations of human rights that both provides (1) redress to victims and (2) creates or enhances opportunities for the transformation of the political systems, conflicts, and other conditions that may have been at the root of the abuses. ... To achieve these two ends, transitional justice measures often combine elements of criminal, restorative, and social justice. If the government of Enrique Peña Nieto seeks legally and politically to blur the crime of forced disappearance in the Ayotzinapa case, as they maintain, this report aims to prevent it: "The disappearance of 43 young students means a deep wound for Mexican society, which heralds worst atrocities (in the future) if it does not succeed in serving as a genuine game changer with respect to the government and social indifference in the face of forced disappearance. In this sense, it is essential that the committee make a strong statement in order to condemn the forced disappearance of 43 students and to demand justice, truth and reparations in this landmark case."  | ||||||
| Guerreros Unidos and Los Rojos conflict-Scientists reject account of students incineration at dump Posted: 25 Jan 2015 11:26 PM PST written by Lucio for Borderland Beat  As the government is pushed for new evidence, they want the public to know, there has been an apprehension of another bad guy in connection with the normalistas case. In this post is a breakdown of details and back story of both police attacks on normalistas, just hours apart on September 26th 2014. The fact that there were two deadly attacks by police, on September 26th, not one, is news to most people, see details of each attack. (Lucio)  The arrest of Felipe Rodríguez Salgado, who is being detained and "questioned", last Friday. Government officials are hoping the suspect may add details to the theory that the authorities have outlined. Prosecutors say that the municipal police of Iguala, in the state of Guerrero, had detained the students and then passed their custody to the Guerreros Unidos. Allegedly, this action, was ordered by the city's mayor, José Luis Abarca. Former Mayor Abarca and his wife, María de los Angeles Pineda Villa, are believed to be closely linked to Guerreros Unidos. Protesters in support of the students are still very active, marching in Mexico City last Friday carrying images of the 43 college students from Iguala who are missing and presumed dead.  The government is being pressed to provide additional information, or freshly discovered details. Simply put, the parents of the missing normalistas trust nothing emergent from the government, and have directly informed President Peña, they reject the theory of the government. They have resolved to not rest, until they are given straight answers with credible, supporting, evidence. They are unrelenting. And this time, it is unlike the years before 2014. The people of Guerrero, whose pleas to federal administrations of today and yesteryear for protection against organized crime, for years have been ignored, but this time, they now have the attention of the world. Arturo Beltran Leyva, Los Rojos, and Guerreros Unidos The disappearance of 43 students from the normal Ayotzinapa college, exposed the violent dispute between two criminal groups in Guerrero, "Los Rojos" and "Guerreros Unidos" (G.U.) Both groups were a part of and under the direction of Arturo Beltran Leyva "El Barbas". After Arturo's fall in 2009, the groups previously under his control is fragmented and began the struggle for control of drug trafficking routes other criminal activities. "Los Rojos" The criminal organization was created in 2011 and operates in the State of Mexico, Morelos and Guerrero. "Los Rojos" criminal actions include, extortion, kidnapping and drug production in the mountains of Guerrero. warning***graphic image on next page GU made Iguala their base of operation in 2011. The group is settled mainly in the area of mid to upstate Guerrero. This group was quickly earned the reputation as "very violent" due to the inclusion of the "Los Pelones" in the group. Pelones is the former armed wing of Beltran Leyva, before joining forces with GU. In addition to drug trafficking, "Guerreros Unidos" the groups illicit activities includes; kidnapping, extortion, piso collection and other crimes. Los Rojos and Guerreros Unidos are bitter enemies in continuing conflict, primarily for control of Iguala. Iguala is the primary drug staging city in northern Guerrero. From that point all trafficking is shipped north, or northeast. The Attorney General of Guerrero reported that municipal police Iguala involved in the violent events of last September 26 confessed to being part of the structure of the "Guerreros Unidos." Essential facts of the night of September 26th -27th Most people do not realize that there was not "an attack" but two deadly attacks by municipal police against normalistas and citizens on September 26th. .
 The futbol team had no relationship to the normalistas, they were in route out of Iguala. In the balance of the two attacks were; at the minimum, 51 young persons killed or presumed killed, including the now famous missing 43 students. 28 people were reported injured. Of the remains found, only one student has been identified through DNA, he is counted as one of the 43 missing students, He is Alexander Mora Venancio. To those that followed the case, especially those who have long followed the criminal activity in Guerrero and Iguala, you are not surprised at the mistrust of the government, from the victims' families and citizens. They have rejected the 'official' version, offered in testimonies of suspects (link here) previously arrested for involvement in the attacks. The mayor, his wife, the municipal police, and Guerreros Unidos, are reported to be at the core of the crime. While details lack clarity, there is little doubt that the aforementioned parties were involved. Within 8 hours after the last attack, on social media, residents begin throwing suspicion and accusations straight at the mayor's office. This stems from a history of abuse, disappearances and corruption accusations. Both the mayor and his wife threatened Arturo Hernandez, a social activist, the day before he and 7 others were kidnapped off the highway. Witnesses who managed to escape, gave sworn testimony they witnessed the mayor personally raise his AK47, shoot and kill Hernandez. Just before shooting him in the head he said to Hernandez, "You fucked with me, now I will take pleasure in killing you". In the testimony of suspects in the case, they contend Mayor Abarca was advised by the G.U. plaza chief, that bus passengers were infiltrated by members of the Los Rojos. This is said to be the basis of the initial order by the mayor to take the passengers into custody and interrogate them. The information was erroneous, there were no cartel members in the group of students. If the GU plaza chief guessed that the students were Los Rojos or otherwise has not been determine. But that is how the massacre began. When the students were questioned, they were drilled if or if not, they were members of Los Rojas, and what their intentions were in Iguala. Each of them stated they were students.
Former mayor Abarca and his wife Maria, have long been linked to Guerreros Unidos. Maria's family, mother, father, and siblings] are a part of G.U. With a long history in organized crime, seeded in the Mexican state of Morelos. [Morelos borders Guerrero.] They worked under the direction of Arturo Beltran. To revisit a post of a translated interview of Maria's kidnapped mother-named Maria Leonor. Link to that post here. Maria Leonor was interrogated by her captors; she shares information of her family, her sons, who were executed for betraying Arturo Beltran, and other facts.  "El Molon" brother of the mayor's wife The mother, along with each family member, has been arrested, charged and incarcerated, for crimes linked to organized crime, and for being a part of an organized crime group. Until the Iguala normalistas attacks, Maria was the only exception; after her formal arrest and charges linked to organized crime she now shares that history with her family.
To assess what if any involvement there may have been, and to what extent, all events must be taken into account, of that night of terror. It is unfortunate that the press is not giving a detailed account of the evening of September 26th into the 27th, most people are confused, or creating conclusions without essential information. Iguala's night from hell, two separate attacks hours apart Around 7pm, the first gunfire barrage the buses began. A half dozen police vehicles arrived  There were people wounded and killed in this attack, including a 15 year old futbol player. [right image] The media has largely ignored the deaths of those killed at the scene of the first and second attack. David Josué Evangelista, is the Chilpancingo futbol player killed, shot in the head in the first attack, the team bus driver was also seriously injured. Hours later a second attack commenced, targeting the normalistas who had exited the buses and assumed the attack had ended–in this attack there were additional deaths, including a bus driver, and a woman in a taxi. There were 1500 shells left in the wake of the attacks. Iguala witnesses say in these two attacks there were a total of 8 killed, 2 dozen injured and dozens missing.  Details of the two attacks  7:30-8:00 p.m. a cell phone ran at the normalistas college. After the first attack, one of the surviving normalistas, contacted fellow student, Omar Garcia, who had not gone to Iguala, he stayed behind at the school in Ayotzinapa. The student who called, Uriel Solís, was frantic, saying; "The police are shooting at us here in Iguala!". [Uriel is pictured below left] Omar organized a group that quickly took off to Iguala. He explained he was hoping to diffuse the situation, he had no idea of the horror he was about to face. When they arrived at the location of the first attack he said;
 As Chivis reported on her post of September 27th, the survivors of the first attack were in the street talking to the local reporters, giving their eye witness account of the initial attack. It was then that the second round of gunfire erupted. Chaos erupted, sending more than 50 normalistas fleeing on foot, others huddled together out of sight. Omar and his friends fled several blocks, it was there they encountered the army. Until that moment only municipal police and hooded armed subjects were seen, those were the shooters in the attacks. While Omar does not say the army shot at them, the normalistas were abused. "Shut up, shut up, you guys asked for it. You wanted to take on some real men, well, bring it on, and take it." Taunting and mocking them, the soldiers took photos, "for reports and the medical personnel when the ambulance arrives", Omar said he knew they were lying. Omar: "We were afraid and enraged at the same time, because we could not talk, we could not get phone calls. If anyone called us, a military person would stand right there to listen. They would tell us what to say, that is, basically, to cover up for them, because they would say;
Omar and a teacher from the college stayed with the normalista suffering from a gunshot to the head and in unconsciousness. Later when it was safe they carried his body to a local hospital. He has never regain consciousness. The normalista without a face The next morning the body of normalista, Julio Mondragon, was found left on a street. There were no attempts to hide or cover the body. It was left on display; passerby's could not avoid seeing the monstrous handiwork.  His friends said they saw him run into the night; they called after him, to no avail. Was the army directly involved? There is no evidence and the accounts of the first and second attacks, never mentioned army presence, or direct involvement in the shootings. Parents have recently made known they suspect the possibility of military involvement.
Army involvement remains in question Omar's account of the second attack, places the army soldiers, about 15 in total, in a "on guard" position blocks away, which in any reasonable conclusion says, even if they did not know what was planned before the fact, they became involved peripherally, and made a mockery of the human and civil rights of the students. In the killings of Apatzingán, and Tlatlaya, those killings were a direct plan of action by the military in death squad mode. The military gunned down mostly unarmed persons, who may or may not have been criminals, at least in part. Soldiers became judge and executioner. Death squads and social cleanings have been a part of Mexico's dark side through multiple administrations. They have been largely sanctioned and accepted by the government. What happened in Iguala is different. Organized crime, political power abuse, control of indigenous people for economic gain, territorial dispute and corruption, are those who took a driver's seat in this night of hell. Soldiers constantly patrol the dangerous outskirts of Iguala and the highways leading into Iguala. In is accepted as truth, that corruption runs thick in the Mexican Army, and Federal Police. Organized crime groups have no problem finding those willing to sell their soul, shirk and defy their duty, for placement on the narco payroll. The information revealed lends itself that soldiers were called in after the first attack to block traffic coming in while the second attack launched. Another possibility is that members of the army help dispose of the bodies. Scientists weigh in, saying the government's explanation is "Not possible" Then there is the claim by Jorge Montemayor. Montemayor is a physicist who along with scientist, Pablo Ugalde, set out to determine the amount of fuel needed to incinerate 43 bodies. Montemayor and Ugalde waited more than a month before challenging Attorney General Jesús Murillo Karam's account that the students' bodies had been burned in a giant pyre at a garbage dump near Cocula, a town near Iguala. The attorney general said two cartel members had confessed to taking part in the incineration, which they said took more than 15 hours. "They assigned guards in shifts to make sure the fire lasted for hours, throwing diesel, gasoline, tires, wood and plastic" on the flames, Murillo Karam said. He said temperatures had reached up to 2,900 degrees Fahrenheit. In interviews last Friday, Montemayor and Ugalde said the students' bodies couldn't have been turned to ash and bone fragments at the Cocula dump. scientists present calculations; It would require 33 tons of wood or 995 tons of tires, to incinerate the bodies to ash. Mexican government claims the remains of the normalistas was incinerated to ash. From a concise, scientific approach, the government placed in an uncomfortable position of not being able to manipulate hard scientific results. There are no witnesses to coerce, evidence to falsify, and facts to hide. Murillo reported the incineration required 15 hours. The scientists establish that would have been enough time for maybe 10 bodies, but not 43, even if they had the 33 tons of wood required. Which is a tipoff into the reason why on Tuesday the public was advised by the chief of criminal investigation of the PGR agency, Tomás Zerón de Lucio; "All lines of investigation have been exhausted", indicating there was nothing more to investigate." Then on Friday the government announced another "significant capture of a G.U. leader". The new capture says the government, "will provide additional information into the case". Relatives of the students think they may have the answer to where the bodies were disposed of. They feel the army assisted in the incineration. They have requested an inspection of the army battalion, to determine if it houses houses a crematorium. Interior Secretary Miguel Ángel Osorio Chong said Thursday that the parents would be allowed onto the base "soon". Unfortunate this tentative response, instead of immediate action, creates suspicion and greater mistrust from the families. By the delay, even if their inspection comes up empty, they will assume the army moved any equipment that potentially was used to incinerate the 43 bodies of their loved ones.    |
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