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Digna Ochoa y Placido 38 year old internationally acclaimed human rights lawyer was murdered in her Mexico City office on October 19, 2001. Ms Ochoa had won international acclaim for her work with PRODH ("Centro de Derechos Humanos 'Miguel Agustin de Juarez'"), an independent human rights organization which, since 1995, had been the target of acts of harassment, violence and intimidation. During her time with PRODH, Ms Ochoa represented some of the most difficult and politically charged human rights cases in Mexico, many of them involving allegations of torture and murder by Mexico's military and security forces.
In the period prior to her death she had been traveling in Guerrero meeting with peasant ecologists complaining of a variety of human rights abuses by the police and military. Her killers left a death threat warning other human rights defenders against continuing their human rights work.
If you continue, this will also happen to another. You have been advised. This is not a trick."
Digna Ochoa had been the subject of abduction, death threats and physical violence for approximately 6 years prior to her death. These attacks were all apparently in response to her representation of individuals such as those involved in the Zapatista insurgency and Teodoro Cabrera and Rodolfo Montiel, two prominent peasant ecologists in conflict with logging groups in
Guerrero.
Human Rights Organizations and the Inter-American Court of Human Rights acknowledge that Digna Ochoa was murdered because of her human rights work.The history of efforts to ensure Digna Ochoa's safety indicate the terrible danger that still faces Mexican lawyers defending or prosecuting politically sensitive
cases.
November 11, 1999, After the persistent failure of Mexican authorities to make any significant advances into the investigation of prior threats and assaults on Digna Ochoa, or to take measures to protect the staff of PRODH, the Inter-American Commission of Human Rights, (IACHR) asked the Inter-American Court of Human Rights (the Court) , the highest- level human rights body of the Organization of the American States, to order the Mexican State (which accepted the jurisdiction of the Court in December ,1998) to "adopt, without delay, all measures necessary" to protect the life and safety of Digna Ochoa and others with PRODH and to investigate the acts for the purpose of discovering those responsible and punishing them. These steps were taken pursuant to Article 63(2) of the American Convention on Human Rights and Article 25(1) of the Rules of Procedure of the Inter-American Court of Human Rights, which provide that " in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons the court may, at the request of a party, or on its own motion, order whatever provisional measures it deems appropriate."
November 17, 1999, The Inter-American Court of Human Rights made the order sought. The order was based on evidence of the Aug. 9, 1999, kidnapping and physical assault of Digna Ochoa. (This included several prior and subsequent written death and bomb threats shown by the evidence to be connected to such kidnapping). While in her home, Digna was assaulted, held captive and subjected to prolonged interrogation about the activities of PRODH. She was then left, tied to her bed beside a gas valve which had been opened by her attackers in an attempt to asphyxiate her. That same night, PRODH offices were broken into and ransacked.
August of 2000, Digna Ochoa moved to Washington, in fear for her security. There she worked for the Center for Justice and International Law. Digna Ochoa returned to Mexico City in early May
2001.
May 2001, The Federal Attorney General advised Ms Ochoa that the investigation into her case had been suspended and the Mexican government applied to the IACHR for leave to remove the protective measures on the grounds that they were no longer needed as no threats had occurred during the period of protection.
August 2001, This application, apparently unopposed, was granted.
October 22, 2001, The IACHR petitioned the Inter-American Court of Human Rights to direct the Mexican government to adopt the measures necessary to protect the lives of Ms Ochoa's colleagues Barbara Zamora, Pilar Noriega and other members of PRODH and to investigate the facts and punish those responsible for the threats and the murder. On November 16 2001 Jesus Ochoa, for the family of Digna Ochoa and the original petitioners (Lawyers Committee for Human Rights, Center for Justice and International Law and the National Human Rights Network) proposed that the IACHR offer technical cooperation to the Federal District' Attorney General's Office (PGJDF) to strengthen the investigation. This proposal was accepted by the government of Mexico. PRODH reported that this agreement implied the contracting of an international expert on criminal investigations of human rights violations.
October 25 2001, The President of the Court issued a resolution that Mexico is bound by the American Convention on Human Rights, (ACHR) Article 1.1 to respect the rights and liberties recognized in the IACHR and to guarantee their application. The Court ordered Mexico to immediately implement all measures necessary to protect the life and personal integrity of PRODH members and the named lawyers and to conduct full investigations leading to the prosecution and punishment of those responsible.
November 30, 2001, The Court issued a resolution confirming the one issued by the President on October 25, 2001 and extending the protections to members of Digna's immediate family.
Over one year after her death, no charges have been laid and no suspects have been identified. The investigation has been plagued by a number of factors including failure to investigate lines of investigation that may indicate government involvement, three changes in the investigating prosecutor, inappropriate focus on a suicide theory and lack of political will to investigate the extent to which Digna Ochoa's capable representation of politically sensitive cases made her the target of attacks.
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