Mexican High Court Frees Nine Men Accused in Acteal Massacre

Joy mixes with disappointment as 28 of 57 convicted in Chiapas remain in prison.

MEXICO CITY, November 6 (CDN) — More than 35 mainly evangelical Christian prisoners unjustly accused in the December 1997 massacre in Acteal, Chiapas had hoped they would be released from jail this week, but after long deliberations the Supreme Court of Mexico on Wednesday (Nov. 4) ruled only nine should be freed and ordered new trials for 16 others.

The high court thus ended its involvement in the controversy over the ordeal of the peasant laborers, ordering the release of the nine men – without declaring them innocent – and retrials for 16 others, this time without “invented” evidence and testimony. Those 16 men, plus several others including six who had previously been granted retrials, remain in prison.

In a 4-1 vote, the court ruled the federal attorney general violated legal process, fabricated evidence and false testimonies, formulated non-existent crimes and provided no concrete argument establishing culpability of the nine men.

Supreme Court Justice José Ramón Cossío Diaz said the decision to free the men was not a declaration of innocence but recognition of “a lack of impugning evidence” against them in the Dec. 22, 1997 massacre, in which 45 people were killed, including women and children.

“These Indians were condemned and declared guilty as a result of a trial that was plagued with violations,” Cossío Diaz said, according to El Universal. “No material proving their guilt exists.”

When prisoners convicted in the Acteal slayings learned that only nine were being released, they reportedly wept – some for joy, but most from disappointment.

“Everything was invented – I did not kill anyone,” one of the evangelical Christians released, 45-year old Manuel Luna Perez, told Proceso magazine. “Many of our companions [in jail] also know nothing about who planned the massacre.”

The court ruled that federal authorities had used “invented proofs and witnesses” in convicting the men, many of them evangelical Christians supportive of the then-ruling party who had land disputes and other conflicts with their accusers – mainly Roman Catholics sympathetic to the rebel Zapatista National Liberation Army.

At least five of the nine men released were known to be evangelical Christians when they were rounded up 12 years ago: Pablo Perez Perez, Emilio Gomez Luna, Juan Gomez Perez, Hilario Guzman Luna, and Manuel Luna Perez. Also released were Mariano Diaz Chicario, Pedro Lopez Lopez, Juan Hernandez Perez and Ignacio Gomez Gutierrez.

The nine were released from El Amate federal prison in Cintalapa, Chiapas yesterday and transported to Tuxtla where they are temporarily housed.

“There must have been about 200 to 250 people who made the trip [to the prison] – many were spouses and family members anxious to see the men,” said a Compass source in Chiapas. “As per the previous occasion, the people waited patiently outside the prison for the men to be released, only to be disappointed because they were not allowed to speak with them when they left the prison. The men were put in a mini-bus and taken to where they will be housed under government supervision for the next couple of weeks.”

The relatives and others traveled on to the men’s temporary quarters in Tuxtla, where they were able to meet with them, and several of the ex-prisoners’ spouses and other family members are staying with them there, the source said.

The freed men said the government has offered them what it promised 20 prisoners released on Aug. 13, the source said: farmland, help with building houses, water, electricity and other basic amenities, as well as helping them monetarily until they become self-supporting. 

Disappointment

An attorney representing 31 defendants in the case, Jose Antonio Caballero, reportedly expressed disappointment that the high court didn’t free more of those accused. But the attorney told EFE news service that the ruling would help remedy some of the mistakes in the legal process.

In the case of the 16 men to be given new trials, the high court ruled there was sufficient evidence for prosecution to retry them in a lower court in Chiapas. This time, the Supreme Court ruled, the lower court will not take into consideration any of the fabricated evidence or false testimonies, and the charges of use of military weapons and carrying a gun without a license are dropped.

On Aug. 12 the high court ordered the release of the first 20 prisoners (freed the next day), for the same reasons the nine men were released yesterday. All the freed men, mostly evangelical believers who insisted on their innocence, had been sentenced to 25 years and had already served nearly 12.

The most recent group was to have been freed on Oct. 28, but the Chiapas government led by Gov. Juan Sabines requested extra time to present “new proofs which demonstrate the probable responsibility of previous state and federal public officials, as well as civilians” in the massacre, according to La Jornada. Over the years, lawyers have insisted that the men were tried without access to interpreters or legal defenders acquainted with their indigenous culture and customs, as required by Mexican law.

For the past several weeks, families of the condemned men had set up a form of tent protest in the central plaza of Mexico City, attempting to call attention to the plight of their husbands, fathers, brothers and cousins.

With this week’s decision and the decision on Aug. 12, the court has ordered the release of 29 of the total 57 prisoners and retrials for 22 others accused in the Acteal massacre. Those 22 plus six others remain in prison.

Controversy over who killed the 45 people has revolved around whether there was a “massacre” by numerous “paramilitary” villagers or a “confrontation” between a handful of neighboring peasants and Zapatista National Liberation Army rebels. Historian Héctor Aguilar Camín has argued that there was both a confrontation and a massacre, with some overlap between each, but that they were largely separate incidents.

Five confessed killers have testified that they and four others engaged only Zapatista militia to avenge the death of a relative, while the federal attorney general’s office charged that at least 50 pro-government “paramilitaries” descended on a relief camp hermitage full of displaced peasants bent on killing and robbing them. The testimonies of the five confessed killers – four others remain at large – agree that the nine avengers were the only ones involved in the firefights, and that the decision to attack the Zapatistas was a private family decision made with no involvement from government authorities.

They also agree that the sole motive was to avenge the assassination of a relative – the latest of 18 unprosecuted murders by Zapatistas over the previous three months, according to Aguilar Camín.

Government prosecutors unduly dismissed much of the testimony of the five confessed avengers, Aguilar Camín wrote in a 2007 article for Nexos, noting that the killers testified that state security forces were nearby and did nothing. He highlighted the judicial irregularities of the round-up and conviction of the peasants – apprehensions without evidence or warrant, charging 83 people with homicide when only 45 people were killed and lack of translators and attorneys for the suspects, Tzotzil Mayans who did not know Spanish.

Report from Compass Direct News 

INDONESIA: NEW BUILDING SITE FOUND FOR BIBLE COLLEGE

Officials promise to buy previous campus site and issue permit for new site.

JAKARTA, May 11 (Compass Direct News) – Officials of the Arastamar School of Theology (SETIA) in Jakarta are considering the purchase of a new campus site after violent protests last July led to the eviction of 1,400 students and staff members.

Indonesian officials on May 1 inspected land for the new campus site and promised to issue a building permit. But SETIA would be required to obtain permission from potential neighbors in Bambu Apus district, East Jakarta, before the school could be built.

Since protests by neighbors of the original campus in Kampung Pulo, some 1,200 remaining staff members and students have moved to three separate emergency locations across Jakarta, in some cases living in leaking tents and holding classes under trees.

In mid-March, SETIA director Matheus Mangentang met with Fajar Panjaitan, assistant to the deputy governor of Jakarta, to discuss the governor’s promise to provide an alternative campus.

At the meeting, the governor’s office promised to purchase the original campus site but stipulated that the city would pay only for the land, not the buildings. The Jakarta official also promised to improve temporary accommodation for the students and issue a building permit for a new campus in a different location.

Deputy Gov. Prijanto, who has only a single name, initially suggested that SETIA move to an empty factory some 60 kilometers (37 miles) away in Cikarang, West Java, but Mangentang refused on the grounds that SETIA would be charged approximately 50 million rupiah (US$4,800) per month in service and security fees.

On Feb. 9 students had gathered in front of the presidential palace to protest the lack of adequate college facilities.

“We are asking the government to take responsibility for finding us a new campus,” a representative of the student council identified only as Herdi told Compass.

About 450 students are living and studying at a Boy Scouts campground in Cibubur, another 250 are in a migrant’s center in Kalimalang and the remaining 500 are in an abandoned West Jakarta mayoral office that lacks basic facilities such as adequate running water and toilets.

Machetes and Acid

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26- 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They wanted it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA Boy Scouts campground, where they were later joined by 100 male students. A further 400 male students were accommodated at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the BUPERTA campground.

In October, camp managers asked students to vacate the campground for a Boy Scouts’ event. Over 1,000 students from the campground and other locations then moved temporarily to an abandoned mayor’s office in Jakarta, although 450 of those later returned to the campground.

When no attempts were made to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms. But the building still lacks many basic amenities, according to staff members. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

Fauzi Bowo, governor of Jakarta, had originally promised the students that they could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit. When these promises proved slow to materialize, Mangentang insisted that the governor’s office shoulder costs for temporary accommodation.

Report from Compass Direct News

NEW SOUTH WALES NATIONAL PARKS UNDER THREAT???

The New South Wales government is now considering some level of development in the national parks of New South Wales. Just what level of development that may be is yet to be made clear. It is understood that the development may include accommodation projects, various commercial enterprises and guided bush walks.

Tourism Minster Jodi McKay, a former news reader with NBN television, is waiting on a report from a government commissioned taskforce looking into ways that tourism can be increased in the state’s national parks.

The planned tourism development of national parks is a major step away from the ‘wilderness’ goals of recent times and represents a threat to the wilderness values of national parks and world heritage listed areas.

However, a certain level of development may be appropriate, given the serious deterioration of many of the amenities and signage within New South Wales national parks. Many access routes are also seriously degraded following years of poor management.

Perhaps a quality New South Wales national parks and reserves web site could be developed, with the current web site being quite dated and not particularly useful for visitors to the national parks of New South Wales. Quality information on the attractions and access to each national park would greatly improve the tourist potential of New South Wales national parks.

If quality visitor brochures/leaflets on such things as camping facilities, access routes, walking trails and park attractions could be developed and made available via PDF documents on the web site, potential visitors could plan their trips and this would certainly increase visitor numbers to the national parks.

Quality content and relevant up-to-date information on each national park, as well as well maintained access routes and facilities would encourage far more people to visit the national parks and give visitors a memorable experience.

BELOW: Footage of the Warrumbungle National Park in NSW.

INDONESIA: THEOLOGY STUDENTS MOVE TO ABANDONED OFFICE

Evacuated after Muslim attack in July, Christians forced to leave campground.

JAKARTA, October 27 (Compass Direct News) – Over 1,000 students forced from the Arastamar Evangelical School of Theology (SETIA) in East Jakarta have now moved into an abandoned mayor’s office in Jakarta after management at the Bumi Perkemahan Cibubur (BUPERTA) campground demanded that 700 students temporarily resident there had to leave by Oct. 14.

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26 and 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They want it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA campground, where they were later joined by 100 male students. A further 400 male students remained at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the campground in Cibubur.

Campground manager Umar Lubis sent a letter to SETIA principal Matheus Mangentang on Oct. 6 ordering the students to vacate the premises in advance of a pan-Asian scouts jamboree scheduled at the facility for Oct. 18-27. Lubis sent a copy of the letter to Fauzi Bowo, the governor of Jakarta.

Mangentang initially protested, since the campground could accommodate up to 30,000 people and there would only be 300 participants in the jamboree. He also noted that despite an agreement reached in September, Bowo had failed to repair and extend bathroom facilities in an abandoned mayoral office in Jakarta offered for use by the staff and students.

When the council made no attempt to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms.

The students last week moved into the abandoned mayor’s office. But the building still lacks many basic amenities, according to staff. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

One staff member told Compass that the water was slimy to the touch and not suitable for showering.

 

Broken Promises

Bowo had also promised Mangentang that the students could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit, but at press time there was no evidence of action taken to fulfill these promises.

Mangentang has refused to cover costs for the campground, which now amount to some 580.7 million rupiah (US$58,418), on the grounds that since they were unfairly evicted from their campus, the governor’s office should fund the cost of temporary relocation.

Cibubur campground officials had also charged SETIA 50,000 rupiah (US$5) per day for water. When Mangentang refused to pay this fee, officials restricted the water supply so that there was not sufficient water available for laundry and shower facilities for the students.

Bowo had committed to paying those bills but said he must first meet with the local House of Representatives to request funding for them and any other expenses that would be incurred by providing a new building site and campus for SETIA.

SETIA staff sought advice from the National Commission on Human Rights in Jakarta on Sept. 7. The commission then wrote to the superintendent of police in Jakarta, asking for a police escort to return the students safely to their campus, but the superintendent did not respond. Neither has any investigation been carried out against the residents who violently attacked staff and students in July.

Last year the Muslim extremist Islamic Defenders’ Front demonstrated in front of the college, accusing it of having misapplied its permit.

Since 2007, protestors have held six demonstrations. On March 7, 2007, more than 200 Muslims set fire to construction workers’ quarters in an effort to keep SETIA from adding a fifth dormitory.

Three days later, some 300 people gathered to protest the construction, demanding that the school close. They claimed it was disturbing area residents when students sang during their classes and that students were evangelizing people in the area.

Government officials have brokered talks between the conflicting parties, without success.

Report from Compass Direct News