The Mexican State Is Holding an EZLN Support Base Hostage
• The release of evidence in José Díaz’s trial ends in judicial delay.
• We warn of a deficient and dirty investigation to criminalize the Support Base and four more of his Zapatista compañeros
The process of releasing evidence against José Díaz Gómez, a Ch’ol indigenous person, Support Base of the Zapatista Army of National Liberation (BAEZLN), ended after one month and four days. The opening of the trial began on June 4th to endon July 8th of this year, with next August 6th at 5:00 p.m. for the hearing of closing arguments to be held, which gives rise to the pronouncement of the judgment. In this context, José Díaz will remain a hostage of the Mexican State for one year and nine months and subject to criminalization for a crime that does not have evidentiary support to convict him.
During the presentation of four pieces of evidence, the Prosecutor of the Public Ministry of the Jungle District attempted to link the participation of the crime of robbery carried out with violence against the BAEZLN. The Fray Bartolomé de Las Casas Center for Human Rights (Frayba) documented that the investigation carried out by the Prosecutor of the Public Ministry did not meet the requirements of being objective, nor did it manage to prove the theory of the case, in addition there was a deficiency and insufficiency of evidence.
The evidence presented in the case against José Díaz is inconsistent and lacks credibility. From contradictions in the manner, place and time of the alleged crime, to the lack of substantial evidence such as accreditation of the pre-existence of the crime and the experience of the accounting expert, every detail reveals a deficient investigation with injustice in the judicial process.
The possibility that José Díaz and four other BAEZLN with arrest warrants will be unjustly sentenced is alarming, given the accumulation of irregularities and lack of solid grounds against them.
When issuing his sentence, in addition to considering the standard of the crime of robbery, the judge must take into account that it is criminalization for political reasons in the midst of a pattern of fabricating culprits against indigenous defenders, in addition to considering the context in which the alleged robbery takes place, taking into account all the circumstances surrounding this case and which demonstrate that the prosecution did not carry out a legal, scientific and objective investigation.
Likewise, the Judge must issue an acquittal sentence taking into account paragraphs 20, Section A, Section I of the Constitution, which orders the protection of the innocent, 20, Section B, Section I, which establishes the principle of presumption of innocence, related to Section 8.2 of the American Convention on Human Rights and 14.2 of the International Covenant on Civil and Political Rights, the principle of reasonable doubt established in sections 359 and 402 of the National Code of Criminal Procedures and the pro persona and in dubio pro reo principles.
For this reason, we demand that the State and Federal government, and in particular the Judiciary of the State of Chiapas, release José Díaz Gómez with an acquittal.
We thank and insist on the call to all people, groups and national and international organizations to continue showing solidarity and continue demanding the immediate freedom of José Díaz Gómez and to cancel the arrest warrants against the four BAEZLN. Furthermore, to be aware of the actions within the framework of the sentencing report the week of July 29th to August 6th.
Original article by Frayba, July 11th, 2024.
Translated by Schools for Chiapas.