The prosecution of justice in Oaxaca is based on impunity, corruption and pacts between political groups where the Regional Prosecutors are linked to power groups or regional caciques, or to organized crime, affirmed the civil association Services for an Alternative Education (EDUCA).
Its statement is supported by the fact that in the state “there is an inoperative structure that means that in Oaxaca we have one hundred percent impunity, which makes it the state with the highest degree of impunity in Mexico.”
In a pronouncement on the appointment of the new prosecutor and justice in Oaxaca, EDUCA highlighted that “Oaxaca is the state in the country where the most crimes have been committed against defenders of human rights and the territory, to date there are a total of 34 in the last 4 years and justice has not arrived”.
They consider that “the structural situation that we have described goes beyond the appointment of a prosecutor (because) in the Prosecutor’s Offices there are no instruments, procedures, or the necessary technology, we do not have a professional police force to investigate crimes. In short, the reform of the penal system did not pass through Oaxaca.”
They recalled that, on January 25, the LXV Legislature of the Oaxaca Congress elected José Bernardo Rodríguez Alamilla as the new head of the Attorney General’s Office, replacing Arturo Peimbert Calvo who resigned on December 23, 2022.
“This appointment has generated various reactions from civil society organizations, as well as social and political actors due to the importance of this designation for the administration of justice, democracy and human rights in the state,” EDUCA reflected.
They stressed that “Mexico is going through a crisis of access to justice, corruption, and impunity. The new criminal justice system failed because it did not advance, along with the constitutional reforms and modifications, the training of public ministries, the professionalization of operators and officials, the increase in the budget, and it was not possible to have a professional and trusted police force.
The federal impunity index reached, only in the year 2021, 96.1%, higher than previous years (México Evalúa).
They regretted that “in terms of human rights, the United Nations system and the Inter-American system hardly influence the actions of justice operators in the country in serious cases against human rights defenders and journalists and, although there are cooperation agreements, the authorities barely allow assistance during investigations. In Mexico justice does not arrive”, they synthesized.
Regarding Oaxaca, they mentioned that in the current government of the 4T, that is, in the last four years, 34 murders have been committed against human rights defenders and these crimes remain in total impunity due to a lack of rigor in the criminal investigation and an ineffective performance of the justice system.
Added to this, in the first two months of the current state government, 25 femicides occurred and most of the perpetrators remain free.
In addition, there are lags in records of serious cases: the Agua Fría Massacre (2002); the crimes against APPO activists (2006-2007); the murder of Bety Cariño and Jyri Jaakkola (2010), just to mention some of the most resonant cases.
Despite everything and the creation of the Prosecutor for Investigations in Crimes of Social Transcendence, the cases do not advance, so this panorama reveals a state of disinterest, and impunity in the delivery of justice in Oaxaca.
So, “the appointment of Rodríguez Alamilla is another appointment within a structure that does not work. If we do not observe the crisis of the administration of justice in Oaxaca, we are going to remain only in the criticism of the appointment of a person”.
Regarding “the cases of defenders, no progress has been made. There is no action by the Prosecutor’s Office in terms of human rights, investigation cases are open as ‘any homicides’, due to the lack of clarity of the Prosecutor’s Office, which does not understand the role that defenders play in society. Furthermore, there are no resources for precautionary measures, nor a protection system.”
They insisted that “justice continues to be a privilege, crimes are prosecuted for favoritism or for political interest (since) the actions of the Prosecutor’s Office are not very transparent and effective”. They also stressed, “there is a lot of responsibility of the Federation and the Judiciary in these cases. It has been of little use that civil society proposes legal initiatives, protocols, protection measures, if these are not complied, and justice does not reach the victims and their families”.
“We believe that there must be changes in the justice administration model in Oaxaca. In principle, a comprehensive reform of the Prosecutor’s Office is required, making an institution that serves, transparent, whose actions are attached to the highest standards in terms of human rights, with professionalized personnel and a sufficient budget for the performance of its mission.
As well as “review the work of the Regional Prosecutors to promote the necessary changes. Assess the performance of the Specialized Prosecutors and their restructuring. Retake old cases and files to deepen investigations that lead to establishing criminal responsibilities to perpetrators of crimes.
Finally, they mentioned that they are concerned about the future of the Human Rights Ombudsman of Oaxaca, the lack of a head and the little interest that seems to exist in the government of the fourth transformation in the protection and safeguarding of human rights, places this autonomous body in a situation of vulnerability. Added to this fragility is the lack of a functioning Citizen Council, the dismantling of the Specialized Defenders and the absence of strategies to prevent risks; this during a wave of murders of defenders and activists.
“We hope that both the Prosecutor’s Office and the Ombudsman’s Office do not become appendages of the government, but rather strong institutions, that comply with their work of defending society, seeking justice and respect for the human rights of the people in Oaxaca”.
Source: Proceso
