Mexico-Ayotzinapa: Independent Experts Group Denounces Mexico Government Obstacles to Investigation

Carlos Beristain, Angela Buitrago, Claudia Paz,
Alejandro Valencia and Francisco Cox,
on arrival at the press conference on the Iguala case
Photo: Marco Pelaez

La Jornada: Blanche Petrich and José Antonio Román

At a press conference given on Sunday, the Interdisciplinary Group of Independent Experts (IGIE) of the Inter-American Human Rights Commission warned that in recent months there has been a series of obstacles, illegal leaks to the press, and fragmentation and diversion of information that have "put at risk" progress in the investigation of the Iguala case and determining the whereabouts of the 43 disappeared Ayotzinapa students.

It gave examples of the "fragmentation" of the investigation; instead of it being fully integrated into a single investigation, it continues to be spread [among several jurisdictions], and actions by the Special Attorney for the Investigation of Organized Crime (Seido) of the PGR [Attorney General's Office] have made such integration difficult by virtue of that office having opened new investigations that have led, in practice, to the lack of access to relevant information.

In the press onference where were the five members of the IGIE were present, they reported that they had already requested of Attorney General, Arely Gómez, that she take actions to combine all the inquiries into the primary one and that there be an investigation of ''who and why'' there were leaks of distorted statements made by some of the accused.

They cited the case of  "corporal Gil" [alleged member of the Warriors United gang], who, in his prior appearance before the Special Uunit for Organized Crime, reserved his right to make a statement; however, by means of a "leak", the press reported a different, and presumably false, version, in which he testified that the group of 43 students had been divided and only 17 were burned in the Cocula grabage dump. "They said things that they (the accused) did not say," Claudia Paz stated.

In addition, these alleged statements apparently were given in the context of a different initial investigation in Seido, but due to the fragmentation of the various investigations, it has not been referred to the special unit [now in the Human Rights Office of the Attorney General's Office], which has been in charge of the investigation since last December [at the recommendation of the IGIE in September].

So far, the IGIE knows of 12 preliminary investigations opened by Seido outside the central case file, including some recent ones, when the investigation had already been transferred to a separate unit of the Office of Human Rights of the PGR.

The IGIE, an international group that is aiding the Mexican government in the investigation, said that the investigation of this emblematic case, ''key to obtaining justice in Mexico'', is also at a crucial moment, given that the group ends its second [six-month] period of work on April 30.

MV Note: The IGIE began its work in March 2015 for an agreed upon six-month period. It submitted its initial report in September of last year, in which it rejected, on scientific grounds, the possibility of the "historical truth" presented by the PGR the previous January, that the 43 students had been killed and their bodies burned in a dump in Cocula, near Iguala. Subsequently, the Mexican government agreed to a second six-month term. It ends April 30. There is the possibility of another extension, but the Mexican government has indicated it will oppose that.

First, in the presentation of its report, and then in the question and answer session, the group reviewed the progress, difficulties and challenges ahead. It said that, after months of the search for the students being paralyzed, it had restarted in Cocula and Iguala and will continue during the coming weeks.

In addition, it stressed the need for Mexican authorities to deepen the investigation into the alleged trafficking of drugs to Chicago.

"It is essential that the line of investigation into the possible trafficking of heroin from Iguala to the U.S. be pursued. Progress has been made, but we insist on the need to carry out the measures we recommended in order to clarify the facts," Claudia Paz said. 

The experts have pointed out as a fundamental element the investigation into the alleged existence of a bus carrying drugs that, it is suspected, had the U.S. city as its destination and could have been taken by the students without their knowing its cargo. They said this information is essential to clarifying the case. The IGIE asked the PGR last November to seek such information. But only a week ago, on February 15, did the PR send a formal request to the relevant judicial authorities. This is one of the great pending issues in the investigation.

Regarding questioning the soldiers who were in Iguala on the day of the events, they reported that the IGIE continues to maintain its request, now with a modification: they will accept that it is the Public Ministry [investigative police and prosecutors] of the Attorney General which performs the interrogation, as long as the members of the IGIE are present. This is another big pending issue.

In the opinion of the IGIE, the soldiers present in Iguala on the night September 26, 2014 are "exceptional witnesses" who have information that few if anyone else has regarding the scenarios where the disappearance occurred.

They warned that another rejection of their request to interview the soldiers under this arrangement jeopardizes the progress of the investigation, as does the refusal to deliver to them photographs and video recordings made by members of the soldiers and Military Intelligence of the 27th battalion at various crime scenes, in particular in front of the courthouse, where a group of students were violently taken off of a bus. These young people are among the disappeared and their last images were taken by a member of the Army.

Moreover, they warned of the real possibility that the amparos [appeals for protection from prosecution] made by 22 Iguala municipal policemen, accused of the killing and skinning of student Julio Cesar Mondragon may succeed due to lack of evidence, so they called on the PGR to bring new evidence to strengthen the indictments.

Regarding the expiration of the group's mandate in April, they said they will present a final report and a list of pending issues. 

''Our mandate may end, but the precautionary measures [actions recommended by the Inter-American Commission for Human Rights] that led to the creation of this body remain in force. Others can continue the effort to achieve full enlightenment, truth and justice,'' Carlos Beristain said.

Spanish original