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Cablegate: Cndh Discusses Its Recommendations to Sedena

VZCZCXRO4729
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #5529 2922138
ZNR UUUUU ZZH
R 192138Z OCT 07
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 9261
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE

UNCLAS MEXICO 005529

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: KCRM KFRD KWMN MX PHUM PREF PREL SMIG
SUBJECT: CNDH DISCUSSES ITS RECOMMENDATIONS TO SEDENA


1. On October 18, Poloff met with Dr. Javier Moctezuma
Barragan, Executive Secretary in The National Human Rights
Commission (CNDH) to discuss the organization's
recommendations to Mexico's National Defense Secretariat
(SEDENA) and what steps SEDENA is taking to prevent human
rights abuses from military personnel. During the meeting
Moctezuma highlighted CNDH's biggest priorities and proposed
measures to ensure that the military does not commit
additional abuses.

-------------------
CNDH'S TOP PRIORITY
-------------------

2. Dr. Moctezuma stressed that CNDH's biggest concern this
year is the militarization of law enforcement and potential
human rights abuses committed by the military. He noted the
legally binding nature of CNDH recommendations: the
government agency that is the object of one and formally
accepts it is bound by law to investigate, and prosecute
those who are guilty of the cited abuses. However, when an
agency rejects a recommendation, the Supreme Court can decide
to take the case; most agencies do not want the case to go to
the Supreme Court, so they accept CNDH's recommendations.

3. Moctezuma confided that the case of Ernestina Ascencio
Rosario, a 73 year-old indigenous woman in Veracruz allegedly
raped and killed by Mexican soldiers in February. After
investigating, CNDH concluded she had died of natural causes,
but took criticism for the way it had handled the case.
Moctezuma said the criticism of the organization's
performance prompted CNDH to launch a broader investigation
of military abuses associated with the counter-drug
deployment and lead to the recommendations it issued on
September 21, 2007 related to military's actions in
Michoacan, Sinaloa this year, as well as a mass rape by
soldiers stationed in Coahuila during the 2006 presidential
election.

---------------------
NEXT STEPS FOR SEDENA
---------------------

4. Since SEDENA accepted all four of CNDH's recommendations
on October 16, Moctezuma says that it is responsible for
implementing them by investigating and prosecuting
individuals involved in each case. CNDH will monitor
SEDENA's follow up until all of the recommendations have been
addressed. Moctezuma said SEDENA has begun investigating the
cases and he expects that they will find the guilty parties
within the next six months.


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 /
BASSETT

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