MISSION OF THE WORKING GROUP ON ENFORCED DISAPPEARANCE
José Enrique González Ruiz
Nature had wisely provided
that the follies of men were passing;
and behold, the men become immortal.
Montesquieu.
strong presence
By accepting the Mexican government this month is March, a mission on the ground of the Working Group on Arbitrary Detention of the UN to our country. As with this type of mission, there were interviews with officials, with organizations of society, specialists and human rights defenders. Three experts represented the Group: Ms. Jasminka Dzumhur, Mr. Osman El-Hajjé and Mr. Ariel Dulitzky, who were accompanied by members of its Secretariat and the Office of the United Nations High Commissioner for Human Rights (OHCHR).
The group, which is based in Geneva, Switzerland, works with the Human Rights Council of the UN and acting on specific mandate. Concerned about the recurrence of enforced disappearances, which considered a crime against humanity, the Council in its Resolution of March 27, 2007, número7/12, encouraged, among other things:
a): promote communication between families of missing persons and governments "in order to ensure that individual cases are investigated fully documented and clearly identified .... "
b) Examine issues of impunity.
c) Addressing especially where children are missing.
ch) Pay special attention to cases that are reported as urgent, or those who threaten witnesses.
d) pay special attention to where the missing is defender or promoter of human rights.
e) apply in their reports a gender policy. And
f) Assist States in implementing the Declaration on the Protection of All Persons from Enforced Disappearance.
Among the terms of reference is that of making calls urgent to governments, in connection with cases submitted to them. That was why the Commission of Mediation between the EPR and the Federal Government (EAT) was asked to deliver one of those calls in order to open ways to find alive Edmundo Reyes Amaya and Gabriel Alberto Cruz Sánchez.
A case
critical phase of the missing The RPA is, no doubt, a critical case. For the next May 25 will be four years of his disappearance and to date there is no sign that it may be a solution. Fully implemented the motion that the Human Rights Council Member States did UN in March 2008:
governments to take a long time without giving a substantive response to allegations of enforced disappearances in their countries to do so and to give due consideration to relevant recommendations concerning this issue made by the Group Working in their reports. "
Like a glove, because although the Mexican government has produced documents that seem to respond to the issue, none of them are substantive, while not lead to truth, justice and reparation, which is what is sought in these issues.
Nothing would be better that this case was resolved in Mexico. When carried to international awareness of these issues, although the defendant is the State and appear on behalf of the government, is all the people who goes into disrepute. The shame falls on all Mexicans and Mexican as American Court of Human Rights handed down sentences against the formal representatives of Mexico. Worse, when the Supreme Court of Justice of Argentina plays that may not be binding resolutions.
The EAT considered that the case of the EPR is paradigmatic, for several reasons: a) not a thing of the past PRI, b) there was insufficient evidence to find and punish those responsible for the disappearance and c) there is a recommendation NHRC and two orders of federal judges who recognize the disappearance forced. Successfully solved this case, a light would go on over a thousand that have occurred in the country.
COMED's expectations
As the EPR active armed group, the truce that has committed to the EAT should be highly valued by the government. But some instances of this, as the PGR, seem to give importance, as the investigations remain open for kidnapping and not enforced disappearance. Mediation have been administered properly.
The new government of Oaxaca, which is different from its predecessor, also should play an active role in investigations. Not replace the authorities federal, but to assist in finding a solution.
is not found soon the Truth and Justice, surely we will see new international bodies to judge and condemn the government of Mexico.
25/marzo/11.
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