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State of Oaxaca. A study of indigenous prisoners in Federal District prisons shows that none had
been assisted by a translator, while 90 per cent said that they had not received an adequate
defence.
33.
Despite the progressive improvement of the situation of indigenous people in the justice
system, much remains to be done. Indigenous courts have been established in several States to
deal with the communities’ needs for justice, but in many areas indigenous organizations and
communal authorities claim the right to apply their own legal customs, which are respected in
some States; the judiciary, which has called for a judicial reform in the near future, has taken
little interest in the subject to date. CDI offers cultural expertise in some cases that can be taken
into account by the court on the defendant’s behalf.
The five municipalities which go to make up the Loxicha region in the Sierra Sur of the State
of Oaxaca have been the scene of violent conflicts since 1996, when an armed group called the
Revolutionary People’s Army appeared in the area for the first time. Following a clash
between this body and the forces of law and order which produced a number of casualties on
both sides, a process of repression was initiated against the inhabitants of Loxicha and more
than 150 indigenous people were arrested. Although the majority benefited from an amnesty
act in 2000, some defendants are still in prison. Numerous violations of the detainees’ human
rights have been reported, including denial of due process, illegal detentions, torture, thefts of
belongings, enforced disappearances, extrajudicial executions, enforced displacements and
convictions for offences not committed.
The initial operations revealed the presence of paramilitary groups and secret prisons, and
showed that police and army informants, locally known as “entregadores”, were at work.
As a consequence of the clash three Combined Operations Bases (BOM) were set up,
manned by the army and the police, which have helped to reduce the violence. NGOs are still
seeking the release of 14 indigenous prisoners whose human rights were clearly violated
during their trials. The National Human Rights Commission and the Inter-American
Commission on Human Rights have taken up the irregularities and the abuses committed
during the conflict.
34.
A recurring pattern in the regions in conflict is that those involved in protests,
denunciations, resistance and social mobilization are treated as criminals: this frequently
leads to accusations of numerous offences, the fabrication of offences that are difficult or
impossible to prove, the illegal detention of the accused, physical abuse, delays in judicial
proceedings from the preliminary investigations onwards, etc. There are reports of arrests,
raids, police harassment, threats to and prosecutions of community authorities and leaders, the
officials and members of indigenous organizations and their defence counsel. “Transitional
disappearances” - where individuals are illegally deprived of their freedom for a period of
time - are also reported, as means of disrupting legitimate social activity and intimidating
those involved.