A soldier, living with HIV was reinstalled in his workplace after six years by a favorable verdict  

 Today, the Center of Integral Attention to VIH-AIDS (VIHas de Vida), the Miguel Agustín Pro Juárez Human Rights Center (Center Prodh) and the Centre of Justice for Peace and Development (Cepad) announced the end of a legal process of more than six years, restoring an HIV positive soldier to his workplace. The man had been suspended by the Mexican military for being HIV-positive. By regaining his job, he reasserted his labor and human rights. The name of the soldier is omitted for reasons of privacy. This case is of historical importance as the first victory in an anti-discrimination case in the Mexican state of Jalisco. More than six years ago, the soldier was going about his daily duties as a mechanic, when he suffered an occupational accident, which required surgical attention. Several weeks before the operation, the soldier was submitted to several “routine” medical examinations. The number of examinations increased, which was attributed by the military surgeons to procedural errors and the operation was delayed. Subsequently, the soldier was handed over a health certificate which declared him incapable of continuing his job as he had tested positive for HIV. These HIV tests had been made without the necessary prior consent of the soldier. The very same day that the soldier became aware that he was HIV-positive, he was informed that a dismissal process was underway. In addition, he was released from his duties and ordered to stay at home with immediate effect. Several years passed until the soldier was notified about his definite dismissal by the armed forces after nearly 20 years of service in the military. Although continuing to receive medical attention, the soldier had become a victim of discrimination for being HIV-positive. After many years of service in the military, this public institution not only suspended him but also exposed him to a difficult situation involving high emotional and medical costs in relation to his health and family situation. Under these circumstances, the soldier embarked on a 6-year long struggle in defense of his rights. First, he received orientation from an integral perspective by the NGO Center of Integral Attention to HIV/AIDS (VIHas de Vida) of Guadalajara, State of Jalisco. He received psychological attention and all the information needed to understand his health status and his legal situation. Subsequently, a strategic alliance was formed between VIHas de Vida and two organizations active in the legal defense of Human Rights: the Miguel Agustín Pro Juárez Human Rights Center (Center Prodh) and the Center of Justice for Peace and Development (Cepad). This marked the beginning of a long struggle through legal proceedings to seek justice, first by internal administrative proceedings provided for in the military jurisdiction and then followed by legal defense of his human rights through legal challenges in federal court.  One constitutional challenge was based on the determination of the Mexican Army which declared the soldier as not capable to attend to his duties of service. The other challenge regarded as unconstitutional a norm of the Law of the Institute of Social Security of the Armed Forces (ISSFAM), which inhibited the mechanic from working as active soldier.  In July 2008, the soldier was finally granted a complete reinstatement at his original position within the military, including social services, as a consequence of the final verdict of the Federal Court. 

With this edition, Center Prodh launches a special briefing that provides a preliminary overview of the current situation in relation to human rights violations by members of the Mexican army during the presidential administration of Felipe Calderón.  The data presented forms part of a broader investigation of military abuses by Center Prodh which will be published later in 2008.  

Click here to read the prodh briefing on military abuses in Mexico (in English and Spanish)

Evasive Response of Mexican Government to Atenco Case

in Spain’s National Court 

Women’s Link Worldwide and Center Prodh express their concern over the evasive nature of the response of the Mexican government to Judge Fernando Grande-Marlaska, who is charged with deciding on the admissibility of the complaint for torture filed by Spanish citizen Cristina Valls Fernández for acts committed in San Salvador Atenco in May 2006.  The written response seeks to hide the responsibility of several of the accused, including Enrique Peña Nieto, governor the state of Mexico, and Eduardo Medina Mora, current national Attorney General, who at the time of the incidents was the national Secretary of Public Security.

The joint federal, state, and municipal police operation in San Salvador Atenco on May 3 and 4, 2006 caused numerous grave human rights violations.  Twenty-six of forty-seven female detainees have denounced sexual, physical, and verbal violence committed against them by police in charge of the vans that transported them to the Santiaguito penal facility.  During this operation, police detained Spanish citizen Cristina Valls, who along with many other women suffered torture, sexual abuse and rape, followed by summary deportation from the country.

To read the full press release from Center Prodh and Women's Link, the Spanish organization defending Cristina Valls Fernández., click here.