E/CN.4/2004/80/Add.2
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The People’s Indigenous Council of Oaxaca reports harassment and threats to its leaders for
defending communal lands. In October 2003 an identified armed group raided the community
of Yaviche, killing one person and wounding a further nine.
In the Mixe municipality of San Miguel Quetzaltepec a political conflict led to a number of
violent clashes between two gangs, leaving several dead and injured.
A popular protest against mismanagement by the authorities in the municipality of
Unión Hidalgo, Oaxaca, led to repression against the Citizens’ Council of Unión Hidalgo
in which one person was killed and several wounded. The leaders of the Citizens’ Council are
currently facing legal proceedings for their part in the social conflict, and stand accused of
common offences which they assert that they did not commit (in December 2003 one of them
was released).
In the context of a municipal political conflict, several community leaders in
Guevea de Humboldt, Oaxaca, have been prosecuted and their rights violated. In
another case, a Huave was prosecuted for a supposed environmental crime while a Zapotec
deaf-mute was illegally deported to Guatemala along with a group of immigrants with no
papers.
The Coordinating Committee of Colonias Unidas in Salina Cruz, Oaxaca, was harassed and
some of its members prosecuted for helping to uphold land tenure and obtain social services
amidst rapid urban development.
Violent clashes and human rights violations have taken place between two opposing groups in
the community of San Isidro Vista Hermosa, Oaxaca, on account of a political conflict.
35.
Although the injured parties go first to the administrative or judicial authorities for a
solution, conflicts that have not been settled or have been mismanaged by the authorities may
lead to de facto measures as a form of protest and pressure. This generates clashes, violence and
abuses of authority, and gives rise to criminal legal proceedings, thus becoming a breeding
ground for human rights violations.
36.
Corruption and impunity are also to be found in the justice system. Many indigenous
people have given up on the public prosecutor’s office, the courts and even the public human
rights bodies since they have no confidence in them. There are also reports of abuses and even
offences (e.g. violations) committed by army personnel on the indigenous civil population in
conflict zones and areas of social unrest.
37.
The situation of indigenous inmates in several prisons is a matter for concern. In prisons
of the Mixtec and Costa region of Oaxaca many indigenous prisoners say that they have been
tortured or that psychological pressure was brought to bear on them when they were detained.
Generally speaking, they have no trained interpreters or official defence counsel. There are
irregularities in the preliminary investigations or they are framed. The prisons, generally
overpopulated, lack health services, doctors, psychologists, telephones and adequate food.