June 24, 2014, Mexico City.- On June 10, the Paso del Norte Human Rights Center (PdNHRC), an organization accompanied by Peace Brigades International (PBI), released a statement about the absolution of brothers Juan Antonio Figueroa Gomez and Jesus Ivan Figueroa Gomez, and Misael Sanchez Fausto. The young men had been arrested on aggravated extortion charges in a case known as “The Figueroa Case.”¹

After spending 2 years and 5 months in prison, the charges against them were dropped by an Oral Trials Court in Ciudad Juarez. The panel of judges that delivered the unanimous verdict was comprised of: Mirna Luz Rocha, Emma Teran and Catalina Ruiz Pacheco. The decision of the panel comes after the application of the Istanbul Protocol² to the men demonstrated their confessions had been obtained through torture.

For the first time in the Center's experience, a court acknowledges that there were enough grounds to believe that the legal statements of the accused were affected by torture, and that, consequently, said evidence ought to be discarded along with the statements of the ministerial police”, said lawyer Diana Morales, Legal Assistance Coordinator at PdNHRC and defense attorney for the Figueroa Gomez brothers.³

I will never forget what they did to me. I pleaded guilty because of they threatened my family, but I swear to God I am innocent. I swear to my family that I am innocent”, said one of the men a few hours before the charges were dropped.⁴

It's a great satisfaction to see things unfold this way. The judiciary has done what's right by discarding statements obtained under torture”, said lawyer Diana Morales. She explained that the judges also dropped statements made by detectives because they showed inconsistencies.⁵

The absolution of the young men comes only a few months after the liberation of 5 men accused of placing a car bomb that exploded in downtown Ciudad Juarez in 2010. As was the case with Juan Antonio Figueroa Gomez, Jesus Ivan Figueroa Gomez and Misael Sánchez Fausto, authorities obtained self-incriminatory confessions from the 5 men in the “Car Bomb Case” through torture.

At the end of April, Juan Mendez, the United Nations Rapporteur on Torture, visited Mexico to evaluate the country's situation regarding torture and other cruel, inhumane or degrading treatments. After the official visit, an official press release stated that “the Rapporteur expresses his grave concerns about the small number of criminal investigations that were opened into these crimes.” Similarly, [Mr. Mendez expressed grave concerns about] “the almost absolute absence of judicial sentences at the federal and state levels leading to persisting levels of impunity.”⁶

Recently, Paso del Norte inaugurated its new offices, which were opened to the Ciudad Juarez community on June 20. PBI attended the inauguration along with supporters of the center, the press and the families of victims of the violence in Ciudad Juarez. Father Oscar Enriquez, the Center's director, cut the ribbon to open the doors of the Center to the community. Once opened, attendees saw an exhibition of photographs and texts that depicted the work and history of the Center.

“It is a pleasure to have you with us here today to see the realization of a dream come true. Having our own space has given us security and coherence in our work. In this space that goes beyond its walls, we hope that every person feels welcomed, understood and valued, no matter their economic status”, said Silvia Mendez, a staff member at Paso del Norte.

PBI calls upon the Mexican state to provide all the necessary resources to eradicate torture in Mexico and fulfill its obligation to compensate damages to the victims. Additionally, PBI calls on the Mexican state to guarantee the security of the Paso del Norte Human Rights Center staff at this sensitive time, as well as to ensure the security of the absolved young men and their families.

Background

On January 18, 2012, Juan Antonio Figueroa Gomez, Jesus Ivan Figueroa Gomez, Misael Sanchez Fausto and Luis Adrian Figueroa Gomez, were illegally arrested. Luis Adrian was only 14-years old at the time of the arrest. They were violently taken away from their homes by ministerial police who accused them of extortion.⁷ Luis Adrian, the minor, was absolved in August, 2013.

The State Attorney's Office charged the Figueroa Gomez brothers and Misael Sanchez Fausto for allegedly forcing a business owner to pay “rights” (“cuotas” in Spanish) to run his food business. According to local newspaper, El Diario de Juarez, “journalistic information indicated that on January 20, 2012, authorities of the State Attorney's Office northern district offices presented the 3 adults and a minor as responsible for forcing “weekly payments” on markets, pharmacies, stores and fast-food carts.”⁸ The three adults and the minor were publicly displayed as members of a gang extortionists. It was said that their weekly incomes surpassed 40,000 Mexican pesos (approximately USD $3,080).⁹