THE BRADLEY WILL CASE, AND OAXACA ITSELF, STILL

C O N F I D E N T I A L SECTION 01 OF 03 MEXICO 000544

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 01/02/2017
TAGS: PGOV ELAB PHUM MX
SUBJECT: THE BRADLEY WILL CASE, AND OAXACA ITSELF, STILL
PENDING

REF: A. A: 2005 MEXICO 7067

B. B: MEXICO 230

Classified By: MINISTER COUNSELOR FOR POLITICAL AFFAIRS CHARLES V. BARC
LAY FOR REASONS 1.4 (B,D)


1. (SBU) SUMMARY. While the streets of Oaxaca have been
quiet recently, the crisis lingers on, with many underlying
issues remaining unresolved. Despite consistent post
pressure on both the state and federal government, the
Bradley Will case remains an open investigation, with no one
yet charged with the crime. While the federal authorities
have decided to review the state's evidence, the state
authorities have not been relieved of their responsibility to
prosecute the case. Post will continue to press the state
government for resolution as well as request the federal
government to assume a more assertive role in the
investigation, including during an upcoming visit to the
state by emboffs.


2. (SBU) While the prolonged crisis in Oaxaca (see reftel A)
does not appear over, the state capital has been quiet
recently, even if many of the underlying issues of the crisis
remain unresolved. Negotiations between the government and
the Popular Assembly for the People of Oaxaca (APPO) have not
resumed. The realization of APPO's central demand, the
resignation of Governor Ulises Ruiz, appears less likely now
than during the height of the crisis. The federal police
(PFP) continue to operate in the city in small numbers, but
far below the force levels of November. Most policing is now
conducted by Oaxaca state elements.


3. (SBU) There have been recent marches in Oaxaca demanding
the release of protesters detained last year, including APPO
leader Flavio Sosa, and there have also been a handful of
recent arrests. Most of the 141 detainees arrested on
November 25 and initially detained in the state of Nayarit
were released, with the remaining ones transferred to the
state-run jails in Oaxaca. According to February 1 media
reports, the last 28 of these detainees will be released
imminently, though approximately 60 others with links to APPO
remain in jail.


4. (SBU) The Mexican National Commission on Human Rights
(CNDH) wrote a preliminary report on Oaxaca, dated December
18, which effectively asserted its authority over the human
rights situation there, and described the complexity of the
case. Between June 2 and year's end, CNDH reported receiving
more than 1,200 complaints of human rights violations in
Oaxaca, including torture, homicide and disappearances;
drawing on a file of over 14,000 pages, CNDH determined that
11 people died as a direct result of the conflict. A more
complete report is expected soon. Concerning those arrested
on November 25, CNDH reported that it had interviewed and
given medical checks to all detainees in Nayarit. CNDH
examined some detainees according to the guidelines of the
Istanbul Protocol to identify whether they had been tortured,
and CNDH is investigating other allegations of torture. As
for the Will case, the CNDH has relayed to the embassy its
interest in examining the Will family's records relating to
the case, such as any autopsy reports prepared in the United
States. The Consul General passed this request to the Will
family. Meanwhile, in a January 19 conference call, the Will
family told the Consular Section that it had hired a Mexican
attorney to represent them here.


5. (SBU) Although the PFP raided the Oaxaca state police
headquarters on December 7 and confiscated more than 340 guns
to investigate whether any had been used by state forces
against protesters, no conclusion of the investigation has
been reported to date.


6. (SBU) Post revised its public announcement on Oaxaca on
January 18. While noting that the city remains unsettled,
the announcement recommended that citizens exercise "caution"
when traveling to the state. The previous public
announcement, dated November 15, recommended that US citizens
"avoid travel" there.


7. (C) While little movement has occurred on the
investigation into the killing of Bradley Will, we continue
to press the issue in high level meetings with GOM officials.
On January 11, Attorney General Gonzales raised the Will
investigation during his meeting with Mexican Attorney
General Eduardo Medina Mora (see reftel B). Medina Mora
explained that the PGR would review all the evidence in the
state investigation and reach its own conclusion. Medina
Mora noted the federal government's interest in reviewing

MEXICO 00000544 002 OF 003


autopsy reports and analyses prepared for the Will family in
the United States, a request that the Consul General passed
on to the Will family. The PGR review does not relieve the
state of its responsibility to prosecute the case.


8. (C) On January 17, in a meeting with newly appointed
Secretary of Foreign Relations Patricia Espinosa, the

SIPDIS
Ambassador raised the Will case and also expressed concern
about Oaxaca's outstanding political issues, encouraging more
federal involvement.


9. (SBU) On January 22, in an unrelated meeting with Oaxaca
Governor Ulises Ruiz and officials from the state attorney
general's office to discuss legal reform efforts in the
state, the USAID Director inquired about the Will case and
the government's lack of accountability regarding criminal
allegations and reported human rights violations. Ruiz
responded by expressing his desire to resolve the Will case
and other outstanding human rights cases, noting that they
reflected badly on the state.


10. (SBU) On January 24, Legatt met with the Assistant
Attorney General for International Affairs Jose Luis Santiago
Vasconcelos and reiterated the offer of USG assistance in
investigating the Will case. Legatt also requested
information on the results of the GOM investigation into the
state police guns that were seized by the PFP on December 7,
but Vasconcelos did not make a commitment to look into the
issue.


11. (SBU) At the end of January, post received a letter
dated January 16 from the state attorney general's office in
reply to the Consul General's request for an update on the
status of the Will investigation (via letters dated November
1 and January 10). The letter cited a list of actions,
though perfunctory, taken by the state, such as a ballistics
report, autopsy, and a collection of video footage of the
event. It also referred to the two suspects who had been
arrested on November 1 in connection with the killing, and
who were freed shortly thereafter, allegedly due to a lack of
evidence to press charges. (NOTE: The suspects were
initially detained because they were photographed in the
vicinity of the crime scene, were armed and reportedly fired
their weapons. The suspects were released based on alleged
"distance and trajectory" evidence -- derived from a review
of the event that included video footage -- which state
authorities assert indicated the deceased was shot by a
person at a range much closer to the victim. End note.)


12. (C) On January 31, SRE Director for Human Rights Rodrigo
Labardini reported to Political Minister Counselor (MCPA)
about his own recent visit to Oaxaca. Labardini said he had
spoken with the governor's cabinet about Mexico's
international human rights obligations, which require the
state government to prosecute violations of human rights
regardless of the political context in which they occur.
While Labardini encountered some resistance from state
cabinet members -- in particular, their insistence that APPO
bore all responsibility for the lengthy crisis -- he told
MCPA that he believed his message had an impact on Governor
Ruiz's administration.


13. (SBU) On February 7-9, emboffs will travel to Oaxaca,
where they plan to meet with Governor Ruiz, the state
attorney general, and other state officials, to further
reiterate our interest in the Will case, and to assess the
current political climate there. Post will report our
findings septel.


14. (C) COMMENT. While some semblance of order has returned
to Oaxaca city and the state government now functions
relatively normally, there is little reason to believe that
the state attorney general's office will make any tangible
progress in the near future in investigating the Will case or
other complaints of human rights violations. The repeated
and high level expressions of concern by USG officials,
however, appear to have resonated with the federal
government, though to date it has resisted becoming fully
involved. While post will further pressure the state
government to resolve this case, we will continue dialogue
with the federal government to act more assertively. From a
longer term perspective, the small but encouraging role
played by Labardini to direct state authorities towards
meeting Mexico's international human rights obligations is an
unusual sign of the federal government's engagement to
cultivate better governance on the state level.



MEXICO 00000544 003 OF 003


Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity
BASSETT