A/HRC/45/36
42nd sessions of the Human Rights Council and that representatives of civil society had
been followed and their actions recorded.
82.
Intimidation was also reported in relation to the December 2019 review of Israel by
CERD. Representatives of Al-Haq, Al Mezan Center for Human Rights (see also ISR
12/2019), and the Cairo Institute for Human Rights Studies, who had submitted a joint
submission to CERD for the review that was made public, 55 reportedly faced allegations
that their organizations had links to terror groups from other organizations participating in
the review.
16.
Mexico
83.
The 2019 (A/HRC/42/30, Annex II, paras. 69–70), 2018 (A/HRC/39/41, Annex II,
paras. 33–36) and 2017 (A/HRC/36/31, para. 41, and Annex I, paras. 49–52) reports of the
Secretary-General included alleged reprisals against the four complainants in the case of
Ramirez et al. v. Mexico (2015) where the Committee against Torture found violations of
different provisions of the Convention against Torture (CAT/C/55/D/500/2012). In 2017,
2018 and 2019, the Committee requested protective measures for Mr. Ramiro López
Vázquez, Mr. Ramiro Ramírez Martínez, Mr. Rodrigo Ramírez Martínez and Mr.
Orlando Santaolaya Villarreal related to allegations that, subsequent to the Committee’s
decision on their case, the complainants had suffered acts of intimidation and harassment
by the authorities.
84.
On 15 July 2019, the State party submitted information regarding the investigation
into the circumstances of the arrest of the complainants by military personnel. The
Government noted that on 12 April 2019, the amparo proceedings initiated by the victims
for allegedly harmful acts were dismissed, and there are pending investigations into crimes
under federal law to prevent and punish torture. The four victims have been registered in
the National Registry of Victims and have the right to receive assistance, protection, and
reparation. According to the State party, the complainants have had access to health
assessments, medical and psychological assistance as well as legal assistance. Regarding
the alleged harassment and criminalization of the victims, the State party admits that no
investigation has taken place; however, the victims may submit a complaint to the Ministry
of Justice, if necessary.
85.
In view of the information provided by the State party, the Committee considered its
decision as partially implemented and decided to keep the follow-up dialogue ongoing
(CAT/C/67/3, paras. 4–11), including by sending a letter on 16 October 2019 expressing
concern at reports that Mr. Rodrigo Ramírez Martínez had been mistreated and extorted by
the national gendarmerie on 8 September of 2019. 56 It requested the State party to
immediately adopt the necessary protection measures, to carry out a prompt, independent
and impartial investigation, to redact criminal records and provide official proof of the
cancellation of such records to avoid future reprisals, and to provide full reparation to the
victims. In November 2019, it was reported to OHCHR that Mexico did not comply with
the protection measures requested by the Committee, and that Mr. Santaolaya Villarreal
was in poor health due to conditions of detention.
86.
On 3 December 2019 (CAT/C/68/3, paras. 11–14),57 the Committee considered that
the follow-up comments and observations had demonstrated a lack of implementation,
raised concerns about repeated allegations of reprisals, and decided to keep the follow-up
dialogue ongoing, including a renewed request for protection measures (A/75/44, para. 65).
In February 2020, Mr. Ramiro Ramírez Martínez won a judicial appeal and was released
without charges. Thus, Mr. Orlando Santaolaya Villareal is the only one of the four
complainants who remains in detention.
87.
On 4 August 2020, the Government responded to the note verbale in connection to
the present report indicating that it does not have additional information or action registered
regarding the above-mentioned cases.
55
56
57
https://tbinternet.ohchr.org/Treaties/cerd/Shared%20Documents/isr/int_cerd_NGO_ISR_39700_E.pdf.
https://tbinternet.ohchr.org/Treaties/cat/Shared%20documents/mex/int_cat_rle_mex_8985_s.pdf.
https://www.ohchr.org/EN/HRBodies/CAT/Pages/FUReports.aspx.
67