CAT/C/72/D/992/2020
Committee considers that the facts before it disclose a violation by the State party of its
obligation to ensure that any statement made under torture cannot be used in proceedings.
8.
The Committee, acting under article 22 (7) of the Convention, decides that the facts
before it disclose a violation of article 2, read alone and in conjunction with articles 1, 11, 12,
13, 14 and 15 of the Convention, to the detriment of Mr. Gallardo Martínez, and of article 14,
to the detriment of the other complainants.
9.
In accordance with rule 118 (5) of its rules of procedure, the Committee urges the
State party to: (a) initiate an impartial, thorough, effective and independent investigation into
the acts of torture; (b) prosecute, try and punish appropriately the persons found guilty of the
violations; (c) award full reparation, including fair and adequate compensation, to the
complainants, and provide as full a rehabilitation as possible to Mr. Gallardo Martínez,
ensuring that it is respectful of his worldview as a member of the Ayuujk indigenous people;
(d) make a public apology to the complainants, the modalities of which should be agreed with
them; (e) take the steps necessary to provide guarantees of non-repetition in connection with
the facts of the present complaint, including ensuring the systematic review of interrogation
and arrest procedures, and the cessation of the criminalization of the defence of indigenous
peoples’ rights;21 and (f) publish the present decision and disseminate it widely, including in
a widely read newspaper in the state of Oaxaca. The Committee hereby requests the State
party, in accordance with rule 118 (5) of its rules of procedure, to inform it, within 90 days
of the date of transmittal of the present decision, of the steps it has taken to respond to the
above observations.
21
GE.22-01556
In this regard, the Committee notes that, according to the Special Rapporteur on the rights of
indigenous peoples, the criminalization of indigenous leaders not only has an individual impact
(pretrial detention can last for long periods, and the stigmatization and loss of family and community
ties can be long-lasting, even when the charges are dropped) but a collective impact. Indeed,
criminalization is generally carried out with the express intent to silence indigenous peoples’ voices,
disrupt their organization and impede their ability to express their concerns; stigmatizing indigenous
leaders by calling them criminals suggests that they are not reputable representatives of the
community and aims to disrupt social cohesion; moreover, they will have reduced possibilities to
defend the rights of their communities, as their resources and energies may be depleted in defending
themselves against criminal charges (A/HRC/39/17, paras. 71–77).
15