VZCZCXRO0644
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #3079 3000017
ZNR UUUUU ZZH
R 270017Z OCT 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 8761
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEHGV/USMISSION GENEVA 1160
RUEAIIA/CIA WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0361
RHEFDIA/DIA WASHINGTON DC
RUEHME/USMLO MEXICO CITY MX
RUEHME/USDAO MEXICO CITY MX
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHME/USDAO MEXICO CITY MX

UNCLAS MEXICO 003079 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM PINR UN MX
SUBJECT: MEXICO: ATTORNEY GENERAL OVERTURNS FLAWED 
CONVICTION OF INDIGENOUS WOMAN 
 
¶1. (SBU) Summary:  A recent favorable ruling by Mexican legal 
authorities on an appeal by an indigenous woman, sentenced 
for allegedly kidnapping six armed federal police agents in 
March 2006, is another hopeful sign that the Attorney 
General's office (PGR) is willing to overturn flawed 
decisions by the courts.  The irregularities in the woman's 
case -- she was tried without the use of a translator and 
convicted on the basis of falsified evidence -- are seen as 
emblematic of the problems within Mexico's judicial system. 
The appeal of two other convictions related to the same 
incident are still pending.  End Summary. 
 
¶2. (U) On March 26, 2006, in the community of Santiago 
Mexquititlan in Amealco, Queretaro -- about 80 miles 
northwest of Mexico City -- federal police conducted a raid 
without a warrant on vendors selling pirated DVDs.  After the 
operation, the agents allegedly offered to compensate the 
vendors for damaged merchandise and several departed to 
obtain the funds.  However, when the officers returned with 
cash to pay for the damage the police had caused, the six 
federal agents, who had stayed behind with the vendors, 
claimed they had been kidnapped and characterized the money 
as ransom paid to a group of indigenous women to secure the 
release of the police. 
 
¶3. (U) On August 3, 2006, Jacinta Francisco Marcial, a 
popsicle vendor in the market where the police had conducted 
their raid, was taken from her house to the police station 
for questioning, allegedly under false pretenses.  She was 
held for trial until December 19, 2008 and ultimately 
convicted based in large measure on a photograph taken by a 
newspaper in which she appears to be observing the scene 
while other vendors negotiated with the police to obtain 
compensation for damage to their stands and the confiscation 
of their merchandise.  She was sentenced to 21 years in 
prison, together with two other indigenous women, Alberta 
Alcantara and Teresa Gonzalez, for having kidnapped six armed 
police officials.  In the course of their trial, the judge 
accepted statements from the police but refused to accept 
evidence that would have exonerated the accused women. 
 
¶4. (SBU) Based on the lack of evidence against her, Centro 
ProDH, a local human rights NGO, adopted Marcial's case in 
early January 2009 and appealed her conviction.  Centro ProDH 
systematically exposed numerous irregularities in the course 
of her trial, including the fact that, although none of the 
indigenous women speak Spanish, they were not provided a 
translator.  On September 16, Marcial finally was released 
from jail after the Office of the Attorney General (PGR) 
dropped the charges.  PGR also ruled that Marcial was not 
entitled to compensation because she had not proved her 
innocence.  Centro ProDH is calling for the release of the 
other two women, whose cases still are under appeal. 
 
¶5. (SBU) Comment:  Marcial's case is illustrative of some 
entrenched biases in Mexico,s judicial system.  Marcial and 
the other two defendants proved particularly vulnerable given 
their limited education, their inablity to communicate in 
Spanish, and the long-standing prejudice in Mexican society 
and in the courts against the indigenous population. While 
Mexico adopted justice reform in 2008, implementation has 
been slow and will require a more sustained effort in order 
to address shortcomings and overcome cultural attitudes that 
undermine respect for the rights of members of Mexico's 
indigenous communities.  End Comment. 
 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
PASCUAL