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Unilateral and irresponsible decision by the NHRC closed the case of Miriam CMDPDH urges the NHRC to strictly follow in the case of Miriam, sexual violence, cowal courier roots and military jurisdiction of the NHRC's decision jeopardizes the victim who has been threatened for reporting serious violations of their human rights
Mexico City, December 5, 2013 -. The Mexican Commission cowal courier for the Defense and Promotion of Human Rights (CMDPDH) received a letter cowal courier from the Second cowal courier Inspector General of the National Human Rights Commission (CNDH) reporting the closure of the case of Miriam in Tijuana, Baja California, with respect to the recommendations to the Department of National Defence (Ministry of Defence).
The facts of the case relate to the roots and the arbitrary detention of Miriam on February 2, 2011 in the city of Ensenada, Baja California, by members of the Mexican Army, who were dressed in civilian clothes and hoods. The arrest was in retaliation for the complaint sent by email to the Ministry of Defence cowal courier to complain about the harassment and mistreatment by soldiers catch Loma Dorada, near Ensenada. After his arbitrary detention, he was transferred to the premises of the 2 / Military Zone in Tijuana, and charged with drug possession. Such accusations proved to be false and was released on September 1, 2011, following delivery of acquittal. cowal courier
During his detention, Miriam was tortured and sexually abused by military order to incriminate and accuse others of a crime he did not commit and unknown facts. He never told defense lawyer.
Under the seriousness of the facts, the March 14, 2011, the victim CMDPDH case and filed a complaint with the NHRC, who issued Recommendation 52/2012 addressed to the Ministry of Defence and the Attorney General's Office ( PGR).
Within eight recommended points aimed specifically at the Ministry of Defence, five of them are directly related to the necessary reparations to the victim of the case. In this regard, it was recommended to the Ministry of Defence to proceed with "immediate repair of the damage and provide medical and psychological care" (recommendatory first point), advance cowal courier the investigation of the case (points recommendatory second, third, fourth and sixth), and that (recommendatory paragraph five) "non-military facilities such as detention, interrogation, retention, sexual violation and torture are used."
In following these recommendations, the CNDH recommended, among other things, that the Ministry of Defence continue with investigations by military courts. This demonstrates the lack of technical rigor and standard maximum protection of human rights, contravenes four judgments of the Inter-American Court of Human Rights against Mexico, and away from multiple national and international pronouncements on the restriction of military jurisdiction in human rights violations.
Also, most CMDPDH expressed opposition to the unilateral decision of the CNDH concluded monitor the case on the Ministry of Defence and to reverse the burden of proof on the victim for breach of the recommendations issued. The document of the CNDH concluded cowal courier as "accepted [s] evidence of full compliance with" all recommended points related to the Ministry of Defence.
Specifically, the motion states that Miriam did not accept the medical and psychological care as well as repairing the damage. However, it noted that the rejection is that the care provided cowal courier would be held in the same facility where he was tortured, which would be given by staff of the Ministry of Defence. Also, Miriam compensation rejected as not meeting the highest standards in repair serious violations of human rights. So, Miriam is committed to providing an
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