Statement by Civil Society Organizations due to the arrest of the Former Chihuahua State Special Prosecutor on Human Rights Violations and Enforced Disappearance, Dr. Francisco González Arredondo

Chihuahua, Chih., November 24, 2022. The human rights organizations who undersign this document, add our voice to that of hundreds of people who have expressed concern around the investigation, arrest and prosecution of Francisco González Arredondo, who was the Special Prosecutor on Human Rights Violations Investigation up to September 2021.

As organizations that work on human rights advocacy, it is one of our main interests to see that in this case, as in all others, there will be a complete adherence to due process as an essential condition to access justice and, for society at large to be guaranteed the right to truth in matters related to corruption and/or serious human rights violations.

In Mexico, there is a growing history of cases of persecution and/or criminalization (political, legal, on the media) against individuals, groups or organizations that denounce unfairness, abuses of power or serious inaction by governments, which prevents the consolidation of democratic societies where the Rule of Law is prevalent.

In the specific case of the psychological torture accusation against Mr. González Arredondo, we are aware of and have solid information to maintain that there have been serious issues with the current process, enough to assume that the Judicial Power of the State of Chihuahua is not following the principles of objectivity, impartiality, rationality and proportionality, which directly goes against legal due process and may result in a serious violation of legal rights. Such issues are:

  • With unusual speed, the arrest warrant was requested and issued within 7 hours. (It was submitted to the Court’s dropbox at 12:06 and was approved at 7:00 a.m. on November 21st)
  • The arrest warrant issued against him was approved primarily1 based on the premise that the crime warranted default preventive detention, which is not true, as it is not listed in Article 19 of the Constitution,
  • State force was used unnecessarily and disproportionately to arrest and subdue the former prosecutor, despite there not being a single element or objective data to consider that there was a flight risk in the process.
  • In the first 7 hours after he was admitted to the Chihuahua Social Readaptation Center (CERESO), the detainee was prevented from contacting anyone in his defense team, which even led to filing an incommunicado detention amparo and to request the presence of a visitor from the State Human Rights Commission. Initially, the prison authorities claimed that the defense attorneys could not meet with their client because they did not have a formal written appointment from the detainee; when that condition was met, it was argued that visiting hours were over. Finally, they allowed one of the lawyers to enter the facility, but without a pen or notebook and, despite a specific request, the detainee was not allowed to speak to her privately.
  • In a hearing before Judge Hortensia García, the defense asserted the serious deficiencies of the arrest warrant and requested that it be revoked and a hearing be called instead. The judge rejected the defense’s request.
  • The material facts of the accusation are extremely vague, so as to make an effective technical defense impossible, since it is not clear what behaviors he’s being accused of. The defense requested clarification of the wording at a hearing and the Judge ruled that it was not her responsibility to act at this procedural stage.
  • On November 24, Judge Hortensia García decided to illegally keep Mr. González Arredondo in preventive detention, in clear violation of what was ordered by the District Judge who decided that his personal freedom was at his disposal and not that of the Judge and in spite of there being no reasonable evidence to suggest that he was a flight risk.
  • Lastly, today Mr. González Arredondo was denied a humanitarian permit to attend his father’s funeral, Francisco González Vázquez, who died after witnessing his son being unfairly arrested.

Regarding the above, emphasis should be placed on the dangerous situation of Mr. González Arredondo, as he is being held in a prison where all inmates share the same areas, which means his life and personal security is constantly in danger, given his work as a State Prosecutor. In this regard, the United Nations Office on Drugs and Crime (UNODC) has repeatedly established the importance of classifying inmates2 to guarantee their safety and protection at all times. The State of Chihuahua specifically does not have a system for classifying inmates when it comes to former law enforcement officials, which is why Mr. González Arredondo is at imminent risk.

Therefore, particularly in the case of preventive detention inmates, judges must apply a needs and risk assessment above any practical considerations and other issues that may require immediate attention, that is, include a detailed risk analysis3 of previous behaviors and historical, personal factors and specific situations that may put defendants at risk. Due to Judge Hortensia García not carrying out this kind of analysis, Mr. González Arredondo is in preventive detention, at imminent risk due to being with the prison’s general population.

International Human Rights Law has recognized that corruption has a direct impact on the satisfaction of the obligation of States to allocate up to their maximum available human rights resources and that the phenomenon of corruption has a differentiated impact on the enjoyment and exercise of human rights by the various groups that are in a special situation of vulnerability or discrimination.

For this reason, in view of the facts described above and the seriousness of the matter, we call on society in general to remain attentive and vigilant of the actions of all public servants who have participated in this process, from the investigation up to those who must issue a resolution on Saturday, with strict adherence to the law, on the legal situation of Francisco González Arredondo.

The signatory organizations will be looking out for any news of retaliation against his students or former colleagues, who may be affected for publicly showing their support and indignation in the face of the public events that we are hearing about.

Signed:

Abogadas Demócratas

Alianza Sierra Madre A.C.

Asociación Mexicana de Psicología y Desarrollo Comunitario

BORDE Jurídico

Bowerasa A.C.

Centro de Derechos Humanos de las Mujeres A.C. (CEDEHM)

Colectivo Buscadoras Guanajuato

Colectivo de familiares de personas desaparecidas 10 de octubre

Colectivo de familiares de personas desaparecidas que acompaña el CEDEHM

Comisión de Solidaridad y Defensa de los Derechos Humanos A. C.

Consultoría Técnica Comunitaria A.C.

Ecos de Mirabal

Fundación para la Justicia

Grupo Feminista Ocho de Marzo de Chihuahua A.C.

Iniciativa Ciudadana para la Promoción de la Cultura del Diálogo A.C.

Mexiro A.C.

Mukira Género y Justicia

Transforma A.C.

Uno de Siete Migrando


1. Section Four about Arrest Warrants that states that the flight risk of the defendants is updated […], the above conclusion is reached, first of all, because as stated by the Prosecution the crime in question warrants default preventive detention […] (Highlights not in the original).

2. United Nations Office on Drugs and Crime, Handbook on the Classification of Prisoners, p. 48

3. Recommendation CM/Rec(2014)3 of the Committee of Ministers of the Council of Europe to Member States on dangerous offenders. Although these recommendations have to do specifically with the issue of dangerous offenders, the principles represent general practices based on evidence and, therefore, they are applicable to the risk assessment of all inmates.

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