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Justicia para Bettina

MEXICO, Oaxaca. Bettina Cruz Velázquez is an Indigenous binnizá woman, member of the Asamblea delos Pueblos Indígenas del Istmo de Tehuantepec en Defensa de la Tierra y el Territorio (APIITDTT -Assembly of Indigenous Peoples of the Tehuantepec Isthmus in Defense of Land and Territory). TheAssembly is part of the Red Nacional de Defensoras de Derechos Humanos en México (Mexico NationalNetwork of Human Rights Defenders ), the Iniciativa Mesoamericana de Mujeres Defensoras deDerechos Humanos (Mesoamerican Initiative for Women Human Rights Defenders) and JASS's (JustAssociates) Feminist Alchemy group.

Since 2007, she has been accompanying ikjoots and binnizá peoples of the Isthmus region ofTehuantepec in Oaxaca in their campaign defending their territory against transnational corporateinterests; namely Mareña Renewables, Gas Natural Fenosa, Demex (Renovalia Energy), Enel andIberdrola who have attempted to grab their ejido and communal lands to install wind power generators.

The imposing of projects, lack of transparency and lack of consultation of indigenous peoples has beenconstant. Despite requests, authorities remain absent or in other cases, give corporate interests priorityover human rights obligations. As a result, communities have had to carry out peaceful protest actions tobring attention to what is happening.

In response, the Mexican government has chosen to criminalize protests and enact reprisals againsthuman rights defenders. Since 2012 Bettina has been going through criminal proceedings launched bythe Federal Government which accuses her of having committed the crimes of: i) Unlawful deprivation ofliberty; and, ii) Crimes Against Consumption and National Wealth, under Articles 364 and 254 TERSection I of the Federal Penal Code, as part of a demonstration, at which she was NOT present. As aresult, she has been threatened, assaulted and arbitrarily detained by agents of the state.

These offenses against Bettina Cruz have denounced by organizations dedicated to the defense ofhuman rights as they were clearly initiated and promoted by the Attorney General's Office as a strategyto intimidate, persecute and criminalize her work, all of which has been in clear evidence throughout thejudicial process whose goal is to put limits on advocacy work and serve as a mechanism ofcriminalization of social protest. More than two years have transpired, during which Beytina Cruz hashad to be present in court each month, meanwhile throughout this trial the human rights defender hasnever received a final ruling.

During the trial, Bettina Cruz and her defense team have been proved among other things that: Bettina Cruz was not present where the alleged crimes were committed and of which she is accused.

• The CFE complaint has not individually identified the alleged crime victims. No supportingevidence was provided either during the preliminary investigation or the pretrial.

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• At all times CFE workers and employees were able to leave the building because the rear exitwas never obstructed. Bettina's defense team managed to attain a certified inspection, whichconfirmed the existence of four doors, of which only one was closed the day of the events, so itis impossible to assert that people were detained.

• It was the caretaker of CFE's of Juchitan office who closed the facility's front door the day of theincident, according to the guard's own statement before a judge on November 30, 2012.

• The evidence chain of custody was violated thereby disqualifying incriminating evidence such asphotographs allegedly taken on the day of the alleged facts.

• Bettina Cruz is a human rights defender.• In no way did she attack national wealth and consumption, as the prosecution failed to establish

in any shape or form which actions could be construed as a threat to this legal right.• Even if one were to insist that Bettina Cruz participated in the demonstration held outside the

CFE, as it was peaceful and did not result in any property damage or injury to any person, thedemonstration can be considered protected under the right to freedom of expression specificallyaccording to what has been called the Right to Protest.

Despite all the irregularities of the indictment, more than 30 months into the trial Bettina Cruz has notbeen acquitted and there has been no ruling. Bettina Cruz's case is paradigmatic because:

• It is proof of the manipulation of the justice system against human rights defenders, particularlythose working in land rights against forced mega projects.

• This is one of the few cases in which a ruling could result in illegal imprisonment for protesting.• It shows the double standards the justice system uses against human rights defenders, as while

Bettina has been unfairly and severely prosecuted for crimes she did not commit, crimescommitted against her in the attempt to stop her work go unpunished.

• Her case is emblematic regarding the differential impact of harassment against defendersbecause they are women.

• Given the imminent decision by the Court, through which the legal status of the human rightsdefender, tried for the crimes of illegal deprivation of liberty, and against consumption andnational wealth, substantiated in criminal case 144/2011, more than 70 international andnational organizations have expressed their concern regarding the trial. We hope you canmonitor the trial and join the actions condemning it and putting pressure on the Mexicangovernment to protect human rights defenders.

For more information please contact: cristina.hardagaf@justassociates.orgTranslated by: Nadine Mondestin. AWID.

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