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Justicia para Bettina

MEXICO, Oaxaca. Bettina Cruz Velzquez is an Indigenous binniz woman, member o t!e "samblea de
los #ueblos Ind$genas del Istmo de %e!uante&ec en 'eensa de la %ierra ( el %erritorio )"#II%'%% *
"ssembl( o Indigenous #eo&les o t!e %e!uante&ec Ist!mus in 'eense o +and and %erritor(,. %!e
"ssembl( is &art o t!e -ed .acional de 'eensoras de 'erec!os /umanos en M0xico )Mexico .ational
.etwor1 o /uman -ig!ts 'eenders ,, t!e Iniciati2a Mesoamericana de Mu3eres 'eensoras de
'erec!os /umanos )Mesoamerican Initiati2e or 4omen /uman -ig!ts 'eenders, and 5"667s )5ust
"ssociates, 8eminist "lc!em( grou&.
6ince 9::;, s!e !as been accom&an(ing i13oots and binniz &eo&les o t!e Ist!mus region o
%e!uante&ec in Oaxaca in t!eir cam&aign deending t!eir territor( against transnational cor&orate
interests< namel( Mare=a -enewables, >as .atural 8enosa, 'emex )-eno2alia Energ(,, Enel and
Iberdrola w!o !a2e attem&ted to grab t!eir e3ido and communal lands to install wind &ower generators.
%!e im&osing o &ro3ects, lac1 o trans&arenc( and lac1 o consultation o indigenous &eo&les !as been
constant. 'es&ite requests, aut!orities remain absent or in ot!er cases, gi2e cor&orate interests &riorit(
o2er !uman rig!ts obligations. "s a result, communities !a2e !ad to carr( out &eaceul &rotest actions to
bring attention to w!at is !a&&ening.
In res&onse, t!e Mexican go2ernment !as c!osen to criminalize &rotests and enact re&risals against
!uman rig!ts deenders. 6ince 9:?9 Bettina !as been going t!roug! criminal &roceedings launc!ed b(
t!e 8ederal >o2ernment w!ic! accuses !er o !a2ing committed t!e crimes o@ i, Anlawul de&ri2ation o
libert(< and, ii, Crimes "gainst Consum&tion and .ational 4ealt!, under "rticles BCD and 9ED %E-
6ection I o t!e 8ederal #enal Code, as &art o a demonstration, at w!ic! s!e was .O% &resent. "s a
result, s!e !as been t!reatened, assaulted and arbitraril( detained b( agents o t!e state.
%!ese oenses against Bettina Cruz !a2e denounced b( organizations dedicated to t!e deense o
!uman rig!ts as t!e( were clearl( initiated and &romoted b( t!e "ttorne( >eneral7s Oice as a strateg(
to intimidate, &ersecute and criminalize !er wor1, all o w!ic! !as been in clear e2idence t!roug!out t!e
3udicial &rocess w!ose goal is to &ut limits on ad2ocac( wor1 and ser2e as a mec!anism o
criminalization o social &rotest. More t!an two (ears !a2e trans&ired, during w!ic! Be(tina Cruz !as
!ad to be &resent in court eac! mont!, meanw!ile t!roug!out t!is trial t!e !uman rig!ts deender !as
ne2er recei2ed a inal ruling.
'uring t!e trial, Bettina Cruz and !er deense team !a2e been &ro2ed among ot!er t!ings t!at@
Bettina Cruz was not &resent w!ere t!e alleged crimes were committed and o w!ic! s!e is accused.
%!e C8E com&laint !as not indi2iduall( identiied t!e alleged crime 2ictims. .o su&&orting
e2idence was &ro2ided eit!er during t!e &reliminar( in2estigation or t!e &retrial.
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"t all times C8E wor1ers and em&lo(ees were able to lea2e t!e building because t!e rear exit
was ne2er obstructed. Bettina7s deense team managed to attain a certiied ins&ection, w!ic!
conirmed t!e existence o our doors, o w!ic! onl( one was closed t!e da( o t!e e2ents, so it
is im&ossible to assert t!at &eo&le were detained.
It was t!e careta1er o C8E7s o 5uc!itan oice w!o closed t!e acilit(7s ront door t!e da( o t!e
incident, according to t!e guard7s own statement beore a 3udge on .o2ember B:, 9:?9.
%!e e2idence c!ain o custod( was 2iolated t!ereb( disquali(ing incriminating e2idence suc! as
&!otogra&!s allegedl( ta1en on t!e da( o t!e alleged acts.
Bettina Cruz is a !uman rig!ts deender.
In no wa( did s!e attac1 national wealt! and consum&tion, as t!e &rosecution ailed to establis!
in an( s!a&e or orm w!ic! actions could be construed as a t!reat to t!is legal rig!t.
E2en i one were to insist t!at Bettina Cruz &artici&ated in t!e demonstration !eld outside t!e
C8E, as it was &eaceul and did not result in an( &ro&ert( damage or in3ur( to an( &erson, t!e
demonstration can be considered &rotected under t!e rig!t to reedom o ex&ression s&eciicall(
according to w!at !as been called t!e -ig!t to #rotest.
'es&ite all t!e irregularities o t!e indictment, more t!an B: mont!s into t!e trial Bettina Cruz !as not
been acquitted and t!ere !as been no ruling. Bettina Cruz7s case is &aradigmatic because@
It is &roo o t!e mani&ulation o t!e 3ustice s(stem against !uman rig!ts deenders, &articularl(
t!ose wor1ing in land rig!ts against orced mega &ro3ects.
%!is is one o t!e ew cases in w!ic! a ruling could result in illegal im&risonment or &rotesting.
It s!ows t!e double standards t!e 3ustice s(stem uses against !uman rig!ts deenders, as w!ile
Bettina !as been unairl( and se2erel( &rosecuted or crimes s!e did not commit, crimes
committed against !er in t!e attem&t to sto& !er wor1 go un&unis!ed.
/er case is emblematic regarding t!e dierential im&act o !arassment against deenders
because t!e( are women.
>i2en t!e imminent decision b( t!e Court, t!roug! w!ic! t!e legal status o t!e !uman rig!ts
deender, tried or t!e crimes o illegal de&ri2ation o libert(, and against consum&tion and
national wealt!, substantiated in criminal case ?DDF9:??, more t!an ;: international and
national organizations !a2e ex&ressed t!eir concern regarding t!e trial. 4e !o&e (ou can
monitor t!e trial and 3oin t!e actions condemning it and &utting &ressure on t!e Mexican
go2ernment to &rotect !uman rig!ts deenders.
8or more inormation &lease contact@ cristina.!ardagaG3ustassociates.org
%ranslated b(@ .adine Mondestin. "4I'.
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