MEXICO: ATTORNEY GENERAL OVERTURNS FLAWED

UNCLAS MEXICO 003079 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM PINR UN MX SUBJECT: MEXICO: ATTORNEY GENERAL OVERTURNS FLAWED CONVICTION OF INDIGENOUS WOMAN ¶1. (SBU) Summary: A recent favorable ruling by Mexican legal authorities on an appeal by an indigenous woman, sentenced for allegedly kidnapping six armed federal police agents in March 2006, is another hopeful sign that the Attorney General's office (PGR) is willing to overturn flawed decisions by the courts. The irregularities in the woman's case -- she was tried without the use of a translator and convicted on the basis of falsified evidence -- are seen as emblematic of the problems within Mexico's judicial system. The appeal of two other convictions related to the same incident are still pending. End Summary. ¶2. (U) On March 26, 2006, in the community of Santiago Mexquititlan in Amealco, Queretaro -- about 80 miles northwest of Mexico City -- federal police conducted a raid without a warrant on vendors selling pirated DVDs. After the operation, the agents allegedly offered to compensate the vendors for damaged merchandise and several departed to obtain the funds. However, when the officers returned with cash to pay for the damage the police had caused, the six federal agents, who had stayed behind with the vendors, claimed they had been kidnapped and characterized the money as ransom paid to a group of indigenous women to secure the release of the police. ¶3. (U) On August 3, 2006, Jacinta Francisco Marcial, a popsicle vendor in the market where the police had conducted their raid, was taken from her house to the police station for questioning, allegedly under false pretenses. She was held for trial until December 19, 2008 and ultimately convicted based in large measure on a photograph taken by a newspaper in which she appears to be observing the scene while other vendors negotiated with the police to obtain compensation for damage to their stands and the confiscation of their merchandise. She was sentenced to 21 years in prison, together with two other indigenous women, Alberta Alcantara and Teresa Gonzalez, for having kidnapped six armed police officials. In the course of their trial, the judge accepted statements from the police but refused to accept evidence that would have exonerated the accused women. ¶4. (SBU) Based on the lack of evidence against her, Centro ProDH, a local human rights NGO, adopted Marcial's case in early January 2009 and appealed her conviction. Centro ProDH systematically exposed numerous irregularities in the course of her trial, including the fact that, although none of the indigenous women speak Spanish, they were not provided a translator. On September 16, Marcial finally was released from jail after the Office of the Attorney General (PGR) dropped the charges. PGR also ruled that Marcial was not entitled to compensation because she had not proved her innocence. Centro ProDH is calling for the release of the other two women, whose cases still are under appeal. ¶5. (SBU) Comment: Marcial's case is illustrative of some entrenched biases in Mexico,s judicial system. Marcial and the other two defendants proved particularly vulnerable given their limited education, their inablity to communicate in Spanish, and the long-standing prejudice in Mexican society and in the courts against the indigenous population. While Mexico adopted justice reform in 2008, implementation has been slow and will require a more sustained effort in order to address shortcomings and overcome cultural attitudes that undermine respect for the rights of members of Mexico's indigenous communities. End Comment. Visit Mexico City's Classified Web Site at http://www.state.sgov.gov/p/wha/mexicocity and the North American Partnership Blog at http://www.intelink.gov/communities/state/nap / PASCUAL