Call to Action

• Relatives of Victims as Human Rights Defenders: Lay Forensics in the Absence of Due Diligence

Under such circumstances of neglect and institutional weakness, the relatives and victims’ organizations have been left to practice two simultaneous strategies: 1) pressure the federal government to attract the cases and, 2) train themselves in forensic techniques to track the whereabouts of the victims. Thereby, effectively, filling the vacuum that Mexican State has left due to its inability to fulfill its obligation to duly investigate such cases. The burden imposed on private individuals by the Mexican government is onerous; not only do individuals and families have to commit precious economic resources, in most cases they also have to risk their life confronting criminals and involved state agents themselves. The murder of Nepomuceno Moreno, in November of 2011, epitomizes the risks that activists/victims/citizens face in their quest for justice and truth. Nepomuceno was murdered due to his activism and investigation about the whereabouts of his son who was presumably kidnapped by local police in the state of Sonora.

* A)

Particularly important is the role that women, as mothers, sisters and daughters have taken in the quest to realize the right to access justice and the right to truth. Through interviews, GFC has documented how these women have developed strategies to train themselves to use technologies and methods of forensic investigation. For instance, in some important cases family members have invested in gear and training to use cellular technology and the Global Positioning System (GPS) technology to locate both the last points from where the missing person made calls and the spots from where perpetrators would call to make threats or attempt extortions. Similarly, GFC has documented cases where some relatives have secretly, through bribery or theft, found official records of the detention of their loved ones. These measures are taken by the relatives fo the missing after police authorities claim not to have such records. However, such evidence falls on the sideways because victims’ relatives are unable to make these evidences transit-through the justice system.

The death toll is high and those missing are too many. As much as there has been sporadic outburst of activism by victims and their families, the lack of funding and an overall umbrella organization has atomized all efforts to configure a broader common agenda organization. Even today, many women are attempting to fight their way through the justice and political system on their own, mainly for dismay about the political focus that previous victims’ movements have taken. Among other things, previous attempts at organization were able to secure national legislation establishing the rights of victims. Particularly important is the right to participate in judicial proceedings and to provide all evidence gathered by them pertaining to the case.

* B)

• Objectives

As much as the previous attempts at organization, and its leaders might be criticized, the new piece of legislation, along with the rights of victims expressed in the text of the Mexican Constitution offer promising, if difficult, grounds for a second step intervention. However, this time the macro-legal context is suitable to be affected through more technical and practice oriented initiatives. Gobernanza Forense Ciudadana (GFC) is seeking support and funding pursuing the following objectives:

1. Lobbying: Secure the passing of a General Law on Missing and Disappeared Persons.

・Benefits:

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The law will define enforced disappearance according to international law and will incorporate all recommendations made by relevant bodies in the subject matter.

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The law will be clear in assigning the task of investigating the circumstances on which persons were missing lifting the burden of proof of state involvement from those reporting a missing person.

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The law should mandate a quick response mechanism that secures the exhaustive use of all available technologies and procedures to determine the whereabouts of missing persons.

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The law will mandate that all investigative (forensic) proceedings be recorded through a standard reporting mechanism that is available for the victims’ family and should clearly state what all the possible measures available to be taken are, in terms investigation, their results and status and which ones are pending.

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TUltimately, the law will have the effect of standardizing procedures and definitions at the local level, as all local jurisdictions are mandated to pass legislations mirroring the minimum standards set by the General Law in a period of 90 days.

2. Capacity Building Program: Strengthen the Technical Capacities of Victims’ Associations and independent activists to understand forensic issues relating to the investigation of disappearances.

・Benefits:

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Activists will be able to marshal technical issues of evidence gathering and investigation procedures of effectively work as watchmen of the justice system operators.

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Activists and relatives of victims will be able to learn from previous experiences about the dangers, limits and benefits of practicing lay forensic investigations.

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Activists will learn the best ways to gather evidence and present it in a manner introduce it effectively into judicial processes.

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Activists will learn the importance of due security planning and risk assessment in any attempts to engage in lay forensic practices.

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Ultimately, activists and the relatives of victims will be better equipped to hold justice system operators responsible for ill-practice; they will be able to use the legal framework and lay forensic knowledge to gather effective evidence and guard their own security at the same time.

3. Capacity Building: Train Justice System Operators (particularly judges, prosecutors, defense attorneys and victims legal assistants) on the due forensic proceedings and evidence interpretation.

・Benefits:

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Activists and justice system operators will share knowledge about the appropriate procedures to conduct forensic investigations.

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A common knowledge among these two communities will make claim making and accountability checks as explanations will have to be provided on the structure of a shared knowledge of appropriate investigation.

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Eventually, a shared knowledge may lead into more effective patterns of cooperation and coordination among justice system operators and victims/relatives/ citizens laying the ground for a form of governance of forensic practices.

4. Communication and positive demonstration: Build public support in demand for the law, forensic mechanisms and training to fight disappearances in Mexico.

・Benefits:

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Disseminate information about the legal, institutional and practical difficulties at combating disappearances in Mexico.

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Disseminate information on the burdens imposed upon the families of victims and the failure of the Mexican State to fulfill its obligations to due process.

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Initiate a public swabbing campaign whereby activists and victims will provide a YouTube based video showing them swabbing their mouths to collect DNA for a future cross-referencing with the, “yet absent” governmental DNA database of unidentified human remains.

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GFC will gather, appropriately document and safeguard the DNA samples collected by the participants in the campaign for future cross-referencing.

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The overall goal will be to show that overall the so called technical capacities are a product or organization and if citizens can create a bio-bank, it should be expected that a resource rich government, when compared to citizens be able to put together a mirror bio-bank for cross-referencing.