Social Communication General Direction

Mexico City, 11 ^th April, 2006
Press Bulletin 32/2006

THE CDHDF WILL CONTINUE TO WORK TO PROTECT THE FULL APPLICATION OF THE FUNDAMENTAL RIGHTS OF THOSE WHO LIVE AND TRAVEL IN THIS CITY.

The President of the Federal District Commission for Human Rights (Spanish initials – CDHDF), MA. Emilio Álvarez Icaza Longoria, called legislators to consider the daily work of the Institution and asked them not to confuse nor carry out forced or undue interpretations of the real matters at stake, on appearing before the Federal District Legislative Assembly (Spanish initials – ALDF).

Álvarez Icaza asserted that this body and its President do not have any commitments other than those conferred upon them by their mandate. Said commitments transcend the current electoral situation and, ¨ in its nature as an autonomous and impartial organism, the Commission will continue to work to protect the full application of the Fundamental Rights of those who live and travel in this city¨.

The head of the CDHDF highlighted the fact that this Commission’s present labour should be understood in terms of its task of Human Rights promotion and defence, as well as in terms of its role as a fundamental indicator within a democratic system of public management. The work carried out should be in this way considered a central support in the actions of good governance.

At the plenary session of the ALDF, he indicated that the decisions that drive the work of the Commission are in no way and in no cases found to be subordinated by personal issues or political preferences and support. He added that impartiality is an inherent principle of both the Commission’s function and its mandate of service provision to all the inhabitants of the Federal District, without any distinction.

The character that the services of this Institution are founded upon is for this reason based on autonomy, an aspect that has a double natured purpose. On the one hand, autonomy implies that the terms upon which the daily relationship between the Commission and various authorities are based, are within a framework of constitutional respect that sustains its daily activities. On the other hand, autonomy means that this Body does not participate in affairs outside of its competence - especially affairs of a political/electoral nature.

MA. Álvarez Icaza expressed his appreciation of the presence of the following Commission Advisors: María de los Ángeles González Gamio; Elena Azaola Garrido; Clara Jusidman de Bialostozky; Daniel Cazés Menache; Carlos Ríos Espinoza; and Armando Hernández Cruz. The following individuals also attended the plenary session: Mr. Oscar Loza Ochoa, President of the State of Sinaloa Human Rights Commission; Mr. Manuel Vidaurri Aréchiga, Human Rights Attorney for the State of Guanajuato; Ms. Magdalena Beatriz González Vega, President of the State of San Luis Potosí Human Rights Commission; Mr. Juan Alarcón Hernández, President of the State of Guerrero Human Rights Defence Commission; Mr. Ricardo Sepúlveda, Head of the Unit for Human Rights Promotion and Defence in the Secretary of State Office; and Mr. Isidro Cisneros and Ms. Yolanda Columba León, President of Advisors and Advisor of the Federal District Electoral Institute respectively.

He also thanked the following individuals for their presence: Prof. Bernardo Bátiz, Federal District Attorney General; Joel Ortega Cuevas, Secretary for Public Safety; José Guadalupe Carrera Domínguez, Presiding Judge of the Federal District Superior Court of Justice; Ricardo Ruiz, Federal District Secretary of State; Rigoberto Ávila Ordoñez, Deputy Secretary for the Government of the Federal District; Azahael Ruiz Ortega, Director General of Social Prevention and Rehabilitation of the Federal District; and Luz Rosales Eslava, Director of the Federal District Institute for Women.

SUMMARY

Emilio Álvarez Icaza recounted a year’s work and presented the fact that despite an observed 35% increase in registered complaints in 2005, this does not mean that there have been more Human Rights violations, but rather reveals an increase in the culture of formal accusations and citizens’ confidence in this Institution, among other things.

He mentioned that more than 90% of complaints made against the authorities of central institutions correspond to the Federal District Attorney General’s Office (Spanish initials – PGJDF), to the Secretary of State (relating to it’s system of Detention Centres), to the Secretary for Public Safety’s Office, to the Secretary of Health’s Office (also relating to Detention Centres), and to the Juridical Advisory and Legal Services.

He said that the rights which were violated most in 2005 were the rights of individuals deprived of their freedom, the rights of victims or injured persons, the right to a due process and legal guarantees, the right to legal security, the right to personal security and guarantees and the right to personal integrity.

MA. Álvarez Icaza emphasised the significant increase in the number of accusations, in general 60%, referring to district authorities. He highlighted the references made to the Municipal District authorities of the Cuauhtémoc, Gustavo A. Madero, Tlalpan and Xochimilco Districts. He mentioned that in the cases of the Iztapalapa and Magdalena Contreras Districts, a decrease in complaints had been observed.

With respect to the accusations made referring to the administration and power of attorney, MA. Álvarez Icaza emphasised that the complaints made against staff of the PGJDF belonging to the various public prosecution offices and agencies of the Public Ministry, all refer to cases in which the petitioner is the principle victim of the crime. In other words, those who are victims of crime often find that the attitude and services of the Public Ministry are inadequate, a situation which prevents their claim from being attended to.

Álvarez Icaza recognised significant steps forward such as the institutional effort made against acts of torture, which in fact set a precedent on a national level given that there has been promotion of integral actions against these acts. These integral actions translate into formation processes, the incorporation of new institutional tools and the use of international protocol.

He recounted that there had been 316 mentions of acts and oversights made by the Superior Court of Justice during the year 2005. This number represents a real increase of 36% from the number of indications in 2004. The responsible authorities with the greatest amount of mentions were the Criminal Law Courts, with 113; the Petty Crime Courts with 59 and the Family Law Courts with 56.

With respect to Juridical and Legal Services, the case of the Defence and Legal Advice Council stands out. This represents 56% of the total amount of complaints received in the year being reported on which is an increase of 79% with respect to 2004. He reiterated the call for action made to the Juridical Advisory and Legal Services, which aims for its immediate and drastic intervention in order to solve the serious problems of the Federal District Civil Courts.

In relation to the Prison System, Álvarez Icaza warned that the accusations presented in 2005 came from both the inmates and the individuals visiting them. “We are therefore talking about a systematic mistreatment of those who visit imprisoned individuals. We can similarly observe that 4 out of 10 cautionary measures were sent to the prison authorities.

The president of the CDHDF expressed the urgency of finding an alternative system of punishment to the prison system. “We call for all the institutions involved to revise the results of the systematic and integral work carried out by this Commission, presented in the Special Report on the situation of Detention Centres of the Federal District published last year.” He stated that the Commission understands the magnitude and complexity of this issue, and recognises the efforts made by the Deputy Secretary of State’s Office and by the General Board for Social Prevention and Rehabilitation.

He indicated that the issue of Public Safety continues to be one of the greatest challenges faced by the inhabitants of Mexico City as well as the authorities of the Federal District Government. This especially worries the Commission because it repeatedly observes the acts of authority that harm citizens’ human rights - particularly the increase in arbitrary arrests.

“There is still much to be done with respect to this complex problem of the city. Nevertheless, the actions carried out by the Secretary for Public Safety in favour of the validity of human rights, are worthy of recognition, as are the actions carried out by the good police officers who risk their lives to protect the lives of others on a daily basis”, said MA. Álvarez Icaza.

He indicated that one of the most sensitive issues in this city is the subject of the Right to Health. He pointed out that a considerable number of the 693 complaints received refer to alleged violations made against individuals deprived of their freedom. The most frequent types of violations are related to deficient medical attention and refusal, delay or hindering of said attention.

Álvarez Icaza expressed his sorrow with respect to the increase in the number of complaints related to the violation of the Right to a Healthy Environment during the year 2005. 176 complaints were registered in 2005 in comparison with the 27 registered in the year 2004. This represents a significant increase. He added that 122 complaints related to violations of the right to water were received during the year 2005, of which 102 were attributed to Mexico City’s Water System. This figure represents 83.60% of the total number of complaints presented on this subject.

He indicated that despite the fact that Mexico City represents a multicultural meeting point, discrimination continues to be an obstacle for the creation of respectful and harmonious conditions of social cohabitation. He added that this discrimination is a determining factor in reproducing attitudes of intolerance, abuse and violence towards vulnerable sectors of the population.

On a different subject, he said that one of the situations requiring special attention is the absence of a budget guaranteeing the inclusion of women’s specific needs. This situation is shared by various civil organisations of the Federal District and is one that decreases the possibilities for women to obtain quality and integral services that thoroughly meet their requirements.

DEFENCE PROGRAMME

The head of the Commission stated that the effort that has been carried out since his arrival at the Commission could now be seen to have materialised. This effort has meant a reconceptualisation of the Commissions actions, and putting victims and not just case numbers on the main stage has allowed for the creation of a new human rights paradigm.

He commented that 46,607 cases were seen to during the reported year, which translates as an increase of 30% in relation to 2004. Similarly, 9,347 complaint files were opened of which 8,074 were alleged cases of violations. These figures have never been reached in the history of the Commission. It is relevant to point out that 5,008 cautionary measures were issued in 2005. This figure means 14 measures a day and includes the 365 days of the year.

It can be sustained from the follow-up process carried out by this Institution on the human rights conditions in Mexico City in the year 2005, that there is an existing debt to the victims due to the fact that the legal mechanisms in place do not function according to the terms of law.

The Recommendation’s Follow-up System, which is a structural part of the Defence Programme and has become a model and frame of reference for various commissions of this country, indicates that the following authorities are subject to follow-up with respect to the fulfilment of Recommendations: the PGJDF, 12 Recommendations; the Secretary for Health, 8; the SSP, 7; the Head of State, 4; the Secretary of State, 3; the Superior Court of Justice, 3; the General Board of Social Prevention and Rehabilitation, 3; The Secretary of Social Development, 1; Mexico City Water Utility, 1; The Secretary of Roads and Transport, 1; the Federal District Treasury, 1; and the Cuajimalpa District Authority with one Recommendation.

EDUCATION PROGRAMME

The Commission’s Council approved the conceptual Framework of the educational strategy within the Human Rights Promotion, Education and Dissemination Programme. This strategy regulates, guides and directs the work carried out in and for educational purposes. Moreover, the work of this institution in this area is particularly outstanding. More than 250,000 people belonging to the 16 Municipal Districts and certain suburban districts were directly reached by means of this strategy.

Publicity of the Commission’s work reached all the inhabitants of the city via the mass media. This work appeared in the printed press, in the equivalent of 328 pages throughout the year, and in more than 12 hours of electronic spots. A media impact consisting in more than 1,700 television spots and 35,400 radio spots was achieved and there were more than 21.5 million hits to our Webpage.

Àlvarez Icaza pointed out that nearly a million documents of all types aimed towards mass and specialised audiences were published. He stated that in this way, our Institution stands out for its systematising work and their editorial production. This task has been achieved thanks to the various institutions that have collaborated in the co editing of our materials.

He added that the Little House of Rights (which is a series of caravans that circulate around the city and that contain a methodological formation proposal) had begun operating with great success. The Infancy Programme directly benefited more than 83,844 people. With respect to civil servants and specific civil society groups, more than 11,162 people were attended to.

The Promotion of the Citizen Initiatives Programme in issues of education and promotion of Human Rights was carried out for the fourth consecutive year, benefiting more than 30,312 people. Its investment in co investment Projects rose to nearly 3 million Mexican pesos.

He highlighted the agreement signed jointly with the Latin American Institute of Educational Communication (Spanish initials – ILCE) and the SEP’s (Secretary of Public Education) Enciclomedia project. This agreement, by means of the Enciclomedia project, allows the CDHDF to reach all of the Federal District’s primary schools.

Álvarez Icaza commented that the Professional Service in Human Rights came into force in 2005. This news was published in the Federal District’s official journal on the 31st of January this year. This new situation allowed for all workers who have carried out substantial actions in human rights issues to enter into the professional services. This event sets a precedent that is unique in its kind in a public state institution.

He presented the fact that the General Catalogue of Responsibilities and Positions of this Commission had been designed and elaborated. This has created an essential tool in human resource management that will contribute to the process of staff administration in terms of career plans, staff selection, movements and promotions, validating work roles, incentives, and evaluation of performance, among other aspects.

He stated that the Committee for Support of the Gender and Human Rights Equality Programme (Spanish initials – PROEG) made up of men and women from the Commission, was created in 2005. Its principal aims are to facilitate awareness-raising in order to attain equity between all of the staff working in the Commission, and to give information and theoretical and methodological tools that contain gender perspective for the purpose of improving the attention given to petitioners.

He gave special importance to the Programme of Human Rights and Environment (Spanish initials - PRODEHUMA), which has laid the foundations for making the Commission an environmentally responsible institution. This model implies significant fossil fuel, energy, paper and water savings. The use of fossil fuels, for example, was reduced by 400%.

He pointed out that the year 2005 became the setting for the carrying out of the institutional reinforcement of public human rights bodies in Mexico programme, with the participation of bodies from the Federal District, Guanajuato, Guerrero, Querétaro, San Luis Potosí and Sinaloa, sponsored by the European Union and the MacArthur Foundation. Funds of nearly one million dollars were set aside for the training and capacitating of these institutions and were provided by these aforementioned international institutions. The Interamerican Human Rights Institute (Spanish initials – IIDH) and the United Nations High Commissioner for Human Rights’ Office (Spanish initials – OACNUDH) participated as technical partners in the project.

He pointed out that with respect to the Administrative and Financial Management of the CDHDF, actions aimed at administrating said resources had been carried out in response to the policies and guidelines established by the present management in the Rationality, Austerity and Discipline in Expenditure Programme (Spanish initials – PRADI). The social purpose of a public institution based on a criteria of effectiveness and efficiency in the use of resources, is in this way harmonised.

“Transparency and yielding of profits are a crosscutting axis of our actions. Working relationships have privileged the staff of the Institution, which is a situation that has translated into the reduction of the salary pyramid, demonstrated by the fact that the distance between the highest and lowest salaries has gone from 40 to one, to 15 to one. This has been by freezing the directive board’s income”, added MA. Álvarez Icaza.

He further asserted that the Project of Resource Control and Overseeing, the Revision of Norms and Procedures Fulfilment and the Supervision of Obligations Fulfilment under the responsibility of the CDHDF’s staff, were carried out in 2005 in accordance with the Annual Operation Programme (Spanish initials – POA). He informed that the goals established in the POA were met and in some cases surpassed.

With respect to the fraction of the PRD’s stance on Recommendation 1/2006, issued in response to the violations made against the rights of the company Eumex’s workers, the President of the ALDF’s Human Rights Commission, local government delegate Julio César Moreno, posed a series of questions. MA. Álvarez Icaza expressed the following in response to these questions: “I cannot share the idea of overstepping the mark under any circumstance. Article 31 of the CDHDF’s Law says: the completion of complaints and accusation statements, as well as the Agreements and Recommendations issued by the Federal District Commission for Human Rights, will not affect the exercising of other possibly corresponding rights and means of defence in accordance with the applicable rulings, nor will they suspend or interrupt their periods of closing, prescription or deadline. This circumstance should be made known to those interested in the admission agreement of this institution”.

He explained that even though this matter relates to commercial law, “we need to be very clear on the fact that no type of conflict can legitimise, validate or permit the violation of human rights”, and further added that the Commission documented four generic groups of human rights that are violated. These are the guarantees of a due process, the right to legal security, the right to personal freedom and the right to protection in face of arbitrary interferences. Documented in a similar way were the following actions: 34 arbitrary arrests, 17 prior investigations that were begun and later had to be closed because of a lack of grounds, 27 verification procedures that had no grounds or motives, and 12 police raids, one of which was carried out by superior military authorities.

Álvarez Icaza indicated his worries regarding the terms on which the initial agreements on the city’s resources were made, stating: “I think that the authorities need to set the example of the fulfilment of law. It is not acceptable that the law is fulfilled outside of the law and that eight of the city’s governmental institutions need to be used in an attempt to resolve a commercial law conflict”. He added: “but this is, of course, outside of my competence”.

He reiterated the fact that the Commission had constantly tried to generate Conciliation. He had even tried to personally reach the Mayor. The competent authorities, however, did not want to conciliate: “I would have preferred a different solution. I reiterate my absolute impartiality and I do not participate in any type of political pact with any political actor. I repeat my conviction of defending citizens and in particular, victims. I would have loved for the city’s Government to have set an example by leading good government conduct. This was unfortunately not the case”.

“As you say: I profoundly respect your opinion, but you must be sure of the fact that the Commission’s actions are strictly attached to its conviction and its competency. The Recommendation is a 106 page tool that establishes, justifies and demonstrates everything stated within it”, concluded Álvarez Icaza.

In his final message, MA. Álvarez Icaza said that “It is pertinent to inform all of you that, from the highest tribunal of this city and moving on from the context of political competence, the systems of local and national justice have been deteriorating to the detriment of those citizens who live and travel in the city”. He added that it is fundamental to observe the enormous distance that exists between the citizens and the authorities in charge of the justice system. The lesser the socio-economic level of the individual, the greater the distance between them and the authorities.

For this reason, he considers that it is fundamental that the different levels of government in the city develop public policies that have the perspective of human rights at their centre and that these become the institutional channels for attending to the growing needs of all.

On addressing the legislators, he insisted on the necessity of approving different legislative initiatives before concluding their mandate, such as the following initiatives: The Initiative Programme of Law for Preventing and Eradicating Discrimination in the Federal District; and the Initiative of Law for the Integral Justice System for Minors, in response to the Reform of the Constitutional Article 18. He similarly asked that they revise the Initiative of reformative acts to the Federal District Civic Culture Law.

“Within a scheme of rights, in taking the complex political problem into account and in guaranteeing rights but not as an issue of public safety, the initiative should be harmonised by the decree of the Federal District Demonstrations in Public Highways Law and the revision of the Penal Code.”.

Finally, Álvarez Icaza wished the members of parliament as well as the civil servants of the GDF the best, bearing in mind that these individuals will soon incorporate themselves into different task areas. He also asked that they take the human rights cause upon themselves as an axis of their future responsibilities.