dorset chiapas solidarity

January 15, 2016

Detention Order for Nestora Salgado upheld

Filed under: Indigenous, Uncategorized — Tags: , , — dorsetchiapassolidarity @ 12:12 pm



 Detention Order for Nestora Salgado Ratified





On January 7, Leonel Rivero Rodriguez, the attorney of Nestora Salgado, commander of the Regional Coordination of Community Authorities-Community Police (CRAC-PC), announced that the First Criminal Court of the High Court of Justice of Guerrero rejected the appeal presented by the defence, and ratified the detention order against her for the offence of aggravated kidnapping. The judges of the First Criminal Court of the High Court issued their decision on December 15 last, but this had not been made public due to the holiday season. Nestora Salgado García was detained in August 2013, and is currently a prisoner at Tepepen Penitentiary in Mexico City.

Rivero explained that the judges rejected the appeal presented by the defence to revoke the detention order handed down by the Tlapa Criminal Court against the commander of CRAC in the municipality of Olinalá due to lack of evidence. He noted that, “Based on a decision reached by the federal courts on February 18, 2015, Nestora Salgado is acquitted of the offense of organized crime.” He said that an appeal had been lodged for lack of evidence to the Criminal Court of the Judiciary of Guerrero. The attorney announced that, “A direct appeal will be lodged with the Federal Judiciary against the decision taken by the three judges in Guerrero.” He reiterated that, “If this court declares the trial void, Nestora Salgado will walk free.”

Some days later on January 10, social organizations, human rights defenders, journalists and artists from Guerrero demanded freedom for the community activist Nestora Salgado during a collective protest in front of Tepepan Prison in Mexico City. The activists denounced the irregularities that prevail in the arbitrary arrests, not only of Nestora, but also of the other political prisoners and members of CRAC-PC, such as Bernardino García Francisco, Ángel García García, Eleuterio García Carmen, Abad Francisco Ambrosio, Florentino García Castro and Benito Morales Bustos, members of the community police in El Paraíso, and Samuel Ramírez Gálvez, a member of the community police in Zitlatepec.




Detention order against human rights defender Nestora Salgado García upheld – Front Line Defenders Appeals


12 January 2016

On 6 January 2015, the First Criminal Chamber of the Superior Tribunal of Justice of Guerrero rejected the appeal presented by the defence lawyers of Ms Nestora Salgado García requesting her immediate release.

Nestora Salgado García is a human rights defender and indigenous leader from the state of Guerrero, where she has worked to protect indigenous rights, and in particular the right of indigenous peoples to self-determination. Prior to her arrest in August 2013, she led the organisation of the Coordinadora Regional de Autoridades Comunitarias: Policía Comunitaria – CRAC-PC (Regional Coordinating Body of Community Authorities: Community Police) in the municipality of Olinalá, in Guerrero. The community police force was organised and led by Nestora Salgado García in an effort to combat increases in violence, violent crimes, political corruption, and violations of the rights of indigenous peoples in the municipality of Olinalá. The Governor of Guerrero initially promised to support the community police force, before deciding to eliminate it in November 2014.

The decision to uphold the detention order against Nestora Salgado García follows an appeal lodged by the human rights defender’s lawyers demanding her immediate release, based on a decision of the First Unitary Tribunal of the Twenty-First Circuit of Chilpancingo, from March 2014. This decision revoked the original detention order against Nestora Salgado García, due to a lack of evidence against her. In spite of this, the human rights defender was not released and is now being held at the Tepepan detention centre in Mexico City, to where she was transferred from the federal maximum security prison in Nayarit in May 2015.

Nestora Salgado was illegally and arbitrarily detained on 21 August 2013 on fabricated charges of aggravated kidnapping. The charges originate in actions she took in accordance with her role and duties as a member of CRAC-PC. The human rights defender has been kept under detention for over two years and has yet to be tried for the charges she faces.

On 28 January 2015, the Inter-American Commission on Human Rights (IACHR) issued precautionary measures in favour of Nestora Salgado. In its decision, the IACHR took into consideration the fragile situation faced by the human rights defender at the maximum security federal prison in Nayarit, and the risk to her life and personal integrity. The human rights defender has reported that she has not been provided with access to proper medical treatment for chronic pains she suffers from as a result of a previous car accident; and that she had been subjected to ill-treatment while detained.

Due to the State’s failure to comply with the protective measures issued by the IACHR, the human rights defender embarked on a hunger strike in May 2015, resulting in the significant deterioration of her health. On 29 May 2015, after almost a month on hunger strike, she was transferred to the Tepepan detention centre in Mexico City.

Front Line Defenders is gravely concerned by the arbitrary arrest and pre-trial detention of human rights defender Nestora Salgado. Further concern is expressed for her physical and psychological integrity and security, and the fabricated charges brought against her. Front Line Defenders believes that the detention of Nestora Salgado is intended to prevent her from carrying out her legitimate work in the defence of indigenous peoples’ rights and their rights to self-determination in Mexico.
Front Line Defenders urges the authorities in Mexico to:

  1. Immediately and unconditionally release Nestora Salgado García, and drop all charges against her, as Front Line Defenders believes that she is being held solely as a result of her legitimate and peaceful work in the defence of human rights;
  2. Take all necessary measures to guarantee the physical and psychological integrity and security of Nestora Salgado García, including through the implementation of precautionary measures for her protection as requested by the Inter American Court of Human Rights;
  3. Guarantee in all circumstances that all human rights defenders in Mexico are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.



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