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Date: Thu, 2 Sep 1999 18:25:07 -0700
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From: Commandante Null <[EMAIL PROTECTED]>
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Subject: Rights-Mexico: GOV'T Releases Indigenous Detainees

Rights-Mexico: GOV'T Releases Indigenous Detainees

MEXICO CITY, (Aug. 31) IPS - The Mexican government released 150 of a total
of some 5,000 indigenous detainees in the past 10 days.

Authorities acknowledged that many Indian inmates did not know what they
were accused of, had no lawyers and did not speak Spanish.

One of the prisoners released was Maria Tuz of the Mayan ethnic group, who
served six years of a 10-year sentence for planting a small patch of
marijuana, after being advised by a shaman to use the plant to treat her
arthritis.

The liberation of indigenous detainees is part of an early release program
recently announced by the governmental National Human Rights Commission
(CNDH). By today, the government had fulfilled its pledge to release 150
indigenous inmates in two weeks.

Indigenous prisoners will continue to be evaluated on a case-by- case
basis, because some of them are innocent or victims of circumstance, said
the CNDH.

The general director of Prevention and Social Readaptation, Miguel Yunes,
explained that only those who had not been charged with serious crimes, did
not belong to organized criminal gangs and had not taken part in prison
riots would be eligible for release.

In Mexico, marginalization or discrimination stands in the way of efforts
to reduce the number of indigenous detainees, most of whom have no criminal
records at the time of their arrest, according to a study by the Instituto
Nacional Indigenista.

Mexico's indigenous people, who belong to over 50 different ethnic groups,
account for 10 million of a total population of 98 million. Illiteracy
among them stands at 43 percent, more than triple the national average.

The report adds that imprisoned members of indigenous groups "are
confronted with a different and hostile world, where another language is
spoken, and are submitted to laws with which they are unfamiliar."

In Mexico's 438 penitentiaries, most of which are run-down, lacking in
infrastructure and attended by untrained staff, 45 percent of a total of
141,294 prisoners have not yet been sentenced, a proportion that is growing
by 25 percent a year. Fifty percent of inmates have no opportunity to work.

The prison system "ruins everything," said Luis de la Barreda, president of
the CNDH in the Federal District. "Inmates and their families are often
compelled to pay for basic services that should be free, which gives rise
to a degrading situation of injustice."

The CNDH admitted that constitutional provisions regarding the rights of
indigenous peoples, including their right to due process and to a legal
defense in their own languages, only existed on paper.

Of the roughly 5,000 indigenous inmates in Mexican prisons, 90 percent are
men, most of them between the ages of 22 and 45. Most of the women are
between 33 and 45.

According to police, the majority of indigenous inmates were arrested in
connection with drug smuggling, fights involving weapons and the
cultivation and sale of marijuana.

Very few Indian detainees have qualified lawyers and translators, and some
do not even know what they are accused of, human rights groups protest.

In 1990, the Instituto Nacional Indigenista began to study the cases of
imprisoned indigenous people with a view to their release. By 1997, the
government agency had secured the release of a number of prisoners, and was
able to keep the total number of Indian inmates below 5,500.

Studies point to a fairly common pattern, in which impoverished indigenous
people in rural areas opt for growing illegal crops, because drug cartels
offer much more than they could earn from legal crops or activities. Others
fall into the grip of organized crime when they are unable to find work
after emigrating to cities.

A significant percentage of indigenous detainees have spent several years
in prison for misdemeanors, lack of legal advice, or ignorance of their
rights, according to the CNDH.




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