December 2001 Update

Protective Measures For Digna Ochoa's Family and Colleagues

The Inter-American Court of Human Rights has found that surviving family and colleagues of murdered Mexican human rights lawyer Digna Ochoa are in grave danger and has ordered the Mexican government to take all measures necessary to protect them. In a November 26 public hearing, the Court heard that many of Digna Ochoa's family members have been threatened and intimidated through anonymous phone calls and apparent surveillance by unidentified persons, since the October 19 murder. The Court's November 30 decision ratified and expanded an October 25 order of the president of the Court that directed the Mexican government to take urgent protective measures for Digna's colleagues threatened in a note left at the murder scene. They include members of the Center for Human Rights Miguel Agustín Pro Juárez (Prodh), as well as lawyers Pilar Noriega García, Bárbara Zamora López and Leonel Rivero Rodríguez (See press release of CEJIL and Human Rights First, October 26, Spanish only) . In its November 30 order, the Court extended these measures to cover Digna Ochoa's parents and several of her siblings, and directed the Mexican government to fully investigate all threats made that rendered such protection necessary. The Court further required the Mexican government to report on the implementation of the order at two month intervals.

The Inter-American Court issued these orders at the request of the Inter-American Commission on Human Rights and non-governmental human rights groups. In a November 16 hearing of the Inter-American Commission in Washington, D.C., two of Digna's brothers along with representatives of the Prodh, the Center for Justice and International Law (CEJIL), Mexico's National Network of Human Rights Organizations "Todos los Derechos para Todos" and Human Rights First, reported on the murder, the threats to Digna Ochoa's surviving family members and professional colleagues, and indicated there were as yet few indications of substantial progress in the investigation of the murder and threats.

Investigation

On October 22, President Fox denounced the October 19 murder of Digna Ochoa. His government promised to support and collaborate with the Mexico City investigators, and to take protective measures for those that are threatened. The murder investigation remains the responsibility of Bernardo Bátiz, Mexico City's Attorney General. Attorney General Bátiz has indicated there are three "lines of investigation..." - first, those arising out of Digna Ochoa's legal representation of recently-released environmentalists Rodolfo Montiel and Teodoro Cabrera; second, those arising out of her legal defense of individuals charged with subversion; and third, those arising from Digna's personal relationships.

Under intense scrutiny at home and abroad as regards progress in the investigation - both the Inter-American Commission on Human Rights and the Prodh have suggested that the conditions for a successful investigation are not in place - Attorney General Bátiz recently appointed respected lawyer Renato Sales Heredia, his Deputy Attorney General responsible for legal affairs and human rights to take responsibility for the investigation, which until then was being carried out by other officials in the Attorney General's office. On November 23, the Prodh had complained that sensitive material in the file had been leaked to the press and that the AG's office was delaying the disclosure of investigative material to the Prodh. The Prodh has been designated a "collaborator" in the investigation, as provided for in Mexican law, and is therefore entitled to certain material.