Mexico Drug War-Tlatlaya Case: "Taking Down Criminals"

Reforma: Carmen F. Arestigui*
Translated by: Alexander Graham

“The Tlatlaya case is on the way to remaining unpunished.”

So said the statement released this Wednesday, signed by 16 human rights organizations which came as a result of the acquittal, granted by a military judge, to six out of the seven soldiers implicated in the massacre that took place on the 30th June, 2014 in Tlatlaya. One of the soldiers was sentenced to one year in prison for disobedience, a term he has already served.

Even though these trials concern military duties, the presiding judge –in order to resolve these cases– expressed his opinion on the heart of the matter and determined that the soldiers’ actions –on the tragic event that cost the lives of 22 civilians– were in response to aggression coming from the warehouse in which the civilians holed up. In concluding this case, the military judge freed the soldiers of a more serious allegation: that of having participated in the execution of a group of civilians who had already surrendered after the initial skirmish, one in which, indeed, shots were fired from both sides.

The issue isn’t whether or not those in the warehouse were criminals, the issue is whether the soldiers received an order, or interpreted one, or acted on their own initiative to eliminate, materially, civilians who were already under their control. Leaving acts of this nature unpunished is an invitation to repeat them.

In Tlatlaya, we have before us one of the most serious cases, in recent years, of basic rights violations and deprivation of life, perpetrated by agents of the Mexican State against its civilians.

Legal prosecution however, was only possible thanks to journalistic revelations which, in due course, dismantled the immense lie the authorities adopted in an effort to cover up the facts. The original news story reported the death of the 22 civilians as a result of a direct confrontation with military forces. The blood stains on the walls, caused by close-range impacts, indicated that executions had taken place in the warehouse. It was supposed that, afterwards, soldiers had tampered with the scene of the crime as well.

We now know of the soldiers’ acquittal thanks to one of the victims who won an injunction allowing access to the case files in which the acquittal verdict was found. The trial was brought to a close last year and in October the final verdict was issued.

At the same time, another important topic, is that the Attorney General’s Office (PGR) instituted criminal proceedings against the seven soldiers, three for the crime of homicide and four for various felonies. A Toluca judge issued a formal indictment to hold three of the soldiers for trial and also issued a release order for the other four who had been accused of wrongful exercise of public service and cover-up. The first three are in prison. Moreover, following recommendations from the National Human Rights Commission (CNDH), the Attorney General’s Office has said, in a statement given to CNN:

“…an investigation remains open…regarding a criminal complaint for serious human rights violations”, and added,

“…the Attorney General's Office will rely on the legitimacy of the victim’s evidence and written testimony”.

This is in reference to Clara Gómez, who had gone in search of her young daughter, who was shot and killed during the attack on the warehouse. The mother became a witness to the events of that day, a story she has already recounted several times.

The Attorney General's Office does not mention one of the main issues related to the disclosure by the Pro Juárez Human Rights Center of a military operational guide, one in which soldiers are instructed to

“…conduct mass operations at night and to reduce activity during the day, with the aim of abatir [taking down] criminals under cover of darkness.” 

After the revelation of this document, the words “take down” triggered a debate last year, in which the government itself took part. Whether or not “take down” was synonymous with kill was the focal point. Even the Secretary of Defense, in an unusual press release, stated that it was simply an “error” in transcription.

Did this written command to take down criminals in the dark guide the soldiers' conduct in the Tlatlaya case? Will the Attorney General’s Office investigate whether or not what happened in the warehouse was a product of an institutional command?

Meanwhile, a military judge has absolved the soldiers and concluded, essentially, that they acted in self-defense. Will civil justice resolve it in an opposite direction? Is it true that the Tlatlaya case is on its way to remaining unpunished?

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*Carmen Aristegui F. is a journalist. A graduate of the UNAM, she is a radio and TV host and commentator. A lecturer and author of books, she has been awarded the National Journalism Award, the Iberoamerican Prize, the Maria Moors Cabot Prize, and the Order of the Legion of Honor by the French Government. She is a Reforma columnist and moderator of the program "Aristegui" on CNN in Spanish. She directs the web portal Aristegui News. Until early March 2015, she was director of the First Edition (morning program) of MVS News (radio).