- For the first time its history, the National Human Rights Commission issued a recommendation against the federal government for a veto advertising media in retaliation for its editorial
- Pemex raped and Judicial human rights of journalists from Contralínea
The recommendation 57/2009, "On the case of Messrs. Agustín Cruz Miguel Badillo, Ana Lilia Pérez Mendoza and members of the magazine Contralínea " addressed to Judge Celso Rodríguez González, president of the Supreme Court Justice of the State of Jalisco, and Juan José Suárez Coppel, director general of Petroleos Mexicanos, the National Human Rights Commission certifies that the Judiciary and the Executive, through Petróleos Mexicanos (Pemex), violated the detriment of the journalists from Contralínea the following rights:
"human rights to equality and freedom of expression provided for in Articles 1, third paragraph, 6 °, first subparagraph 7, first paragraph, and 134, first, seventh and ninth, of the Constitution policy of the United Mexican States, 2.1, 26, the International Covenant on Civil and Political Rights, 2.2 International Covenant on Economic, Social and Cultural Rights, 24 of the American Convention on Human Rights, and 1, 2.1,2.2 and 7 of the Universal Declaration of Human Rights. Similarly, as provided by Article 13.3 of the American Convention on Human Rights and by Principle 5 of the Declaration of Principles on Freedom of Expression as a tool for interpretation of Article 13 of the American Convention on Human Rights, which states that you can not restrict the right of expression by indirect means, or by any means aimed at preventing the communication and circulation of ideas and opinions, which inhibits spread their ideas or information. "
The September 12, 2008, journalists Contralínea lodged a complaint with the National Commission for human rights violations committed in their grievance and personnel of the company that publishes magazines and Contralínea Fortune, Business and Finance , which reported that from November 2004 to August 2008 conducted research and news publications involving irregularities in the allocation of lucrative contracts to senior officials in the energy sector and the Presidency of the Republic and contractors of Petroleos Mexicanos.
occasion of the publication of journalistic work, began to receive threats and harassment by officials of Petroleos Mexicanos and managers and corporate lawyers Zeta Group, involved in some of the published reports, a consortium of liquefied petroleum gas chaired by Jesús Zaragoza López Alonso, who threatened reporters to file 80 lawsuits against it, one for each of its businesses.
Thus, Zaragoza Lopez sued to journalists before the Forty-Fourth Court of Federal Civil District, file 757/2007, the Thirteenth Court of Civil de Guadalajara, Jalisco, file 905/2007, the Fifth Civil Court Guadalajara, Jalisco, file 383/2008, the Thirteenth Court of Civil de Guadalajara, Jalisco, 393/2008, all course material damage.
occasion of such lawsuits, on 16 January, the journalist Miguel Badillo was arrested by order of Judge Thirteenth Civil de Guadalajara, Jalisco. Subsequently, issued a warrant to access the February 1, 2009, the archives of the magazine Contralínea .
Following the revelation in Contralínea -the February 15, 2008 - the signed contracts with Pemex Juan Camilo Mouriño its duality of civil servant and government contractor, on April 17, 2008, the manager Social Communication of Pemex, Carlos Ramirez Fuentes, threatened the journalist Ana Lilia Perez that would not allow Pemex officials grant interviews to the magazine and its editorial the parastatal not hire advertising.
In order to record CNDH/5/2008/4462/Q complaint number, on 14 September, the NHRC decided: "The National Commission found that human rights were violated, the legality and legal certainty, equality and freedom of expression, Ana Lilia Pérez grievance Mendoza, Miguel Badillo and members of the magazine Contralínea . "
The prosecution of freedom of expression
In its recommendation, the NHRC established that the judiciary in Guadalajara committed a series of illegal acts on behalf of Jesus Zaragoza and Grupo Zeta, such as establishing the existence a third reported (Abraham Rodríguez Ortega) to file suit against journalists in Guadalajara, where the alleged reporting credited Miguel Badillo and Ana Lilia Perez with forged documents and then conducts a trial in absentia. Sentenced the journalists without their knowledge have even had a claim and a lawsuit against him and then ordered the arrest of journalists arrested consummate Badillo, who was held in downtown Federal District Administrative Sanctions (El Torito).
The NHRC documented in his ruling, Judge introduced matters outside the litigation to the detriment of journalists to berate benefits that not even raised Zaragoza.
The NHRC said: "It proved that the judge violated the rights of the defendants as provided in Article 87 of the Code of Civil Procedure of the State of Jalisco, which states that the judgments must be consistent with the claims made in due course, condemning or acquitting the defendant.
"The same view is shared by the Thirteenth Court of Civil who, when making the report for the National Commission, noted that the civil procedure applies the matching principle and application of a party, which did not occur in this case, since in the final decision was not made any such assessment or reasoning by the court which ordered the defendants is punishable by Agustín Cruz Miguel Badillo, Ana Lilia Pérez Mendoza to comply with a provision that they were defending us. "
Therefore, CNDH "adjective that such irregularities violate the guarantees of legality and legal certainty should take the civil proceedings instituted against the defendants Agustín Cruz Miguel Badillo, Ana Lilia Pérez Mendoza."
For administrative irregularities in the trial submitted by the contractor of Pemex, Jesus Alonso Zaragoza Lopez, on his recommendation, the NCHR notes: "The National Commission found that the victims were subjected to human rights violations of legality and legal certainty, as enshrined in Articles 14, second paragraph and 16 first paragraph of the Constitution of the United Mexican States; and that it violated the Articles 14.1 and 26 of the International Covenant on Civil and Political Rights and 24 of the American Convention on Human Rights, which imposes a duty on the Mexican government to respect the right to due process, the legality and legal certainty "
In addition to the administrative irregularities, reports:" With regard to judicial harassment expressed by the complainants, it is also noticed that with regard to the record media 393/2008 filed preparatory to trial before Judge Thirteenth Civil in Guadalajara, Jalisco, promoted by ThermoGen, SA de CV, against the International Corporate Media, SA de CV, which was ordered to conduct a review in the accounting of the publishing company, the National Commission notes that no appropriate site by the judicial authority to that publisher, which was observed by the Fourth District Court Civil matters in the Federal District, in the amparo 604/2008, which found shelter and protection grant of the federal courts to Corporate Media International, SA de CV, so I ordered to stop all proceedings ineffectual, because they are not respected the right to a hearing in favor of the company against which the media were directed preparatory to trial. "
Within their inquiries, the NHRC documented that since the demand for Guadalajara, Zaragoza family presented new lawsuits against journalists in other states. One of them is that Badillo-suit brought against ordinary civil 348/2009- before the Third Civil in Mazatlan, Sinaloa, which is pending, and seeking to repair damage moral and compensation, among others, by the publication of a photograph of Miguel Zaragoza Fuentes.
In this regard, stresses the human rights body "does not go unnoticed by the National Commission that the various lawsuits by individuals and companies linked to the same corporate group and accepted by various courts, coupled with administrative irregularities detected may constitute an indirect means of restricting freedom of expression, as a result of the journalistic work of the plaintiffs. This becomes relevant to the threats identified by the plaintiffs, issued by lawyers for the applicants against Miguel Agustin Badillo Ana Lilia Pérez Cruz and Mendoza, in the sense that they would promote to 80 claims, one for each of the corporate enterprise "Grupo Zeta, which strengthens the belief of this national body to the pressure being exerted on against the victims. "
In this sense, refers to the NHRC, "the joint statement issued by the Special Rapporteur on Freedom of Opinion and Expression of the United Nations, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe and the Special Rapporteur for Freedom of Expression of the Organization of American States dated December 18, 2003, noted that the "workers of the media investigating cases of corruption or wrongdoing should not be the target of judicial harassment or other harassment in retaliation for their work."
Therefore, the NHRC ruled that "the Judicial Council of the Judiciary of the State of Jalisco, in exercise of the powers conferred by Articles 136 and 148, Section XXXII of the Judicial Power Organic Law of the State of Jalisco , conducted an investigation into the handling of the file 905/2007 on the civil suit brought by Multigas, SA de CV against Corporate Media International Communications, SA de CV, Agustín Miguel Badillo Ana Lilia Pérez Cruz and Mendoza (...) filed with the Thirteenth Court of Civil de Guadalajara, Jalisco, and where appropriate, be issued the appropriate disciplinary measures. "
Discretion in allocation of advertising
directional use makes the executive branch of the budgetary items for advertising as a method of reward or punishment for media for its editorial is the first reason for a recommendation of the NHRC, which constitutes a violation of international conventions on human rights and freedom of expression.
57/2009In its recommendation, the NHRC established that the government of Felipe Calderón, through Petróleos Mexicanos, the magazine vetoed Contralínea as punishment for airing alleged wrongdoing and corruption cases involving high-level officials his government (including the late Juan Camilo Mouriño, the PAN's national president today, José César Nava Vázquez, Felipe Calderón and the same).
regard, "the law made the logical analysis of evidence set up the complaint, in relation to complaints attributed to officials of Petroleos Mexicanos, the National Commission accredited human rights violations of legality, equality, legal certainty and freedom of expression, against Mr. Badillo, Miguel Cruz, Ana Lilia Pérez Mendoza and journalists from Contralínea . "
The NHRC details that derived from the complaint filed by Contralínea , the Manager Corporate Communication at Pemex, Carlos Ramirez Fuentes, submitted a report, which says the NHRC, "it was possible to prove that Pemex lacks procedures and objective criteria, clear, transparent and non discriminatory procurement of government advertising. "
Details that "analysis of the reports provided by the parastatal National Commission, lint or other elements defined objective criteria to justify the suspension of the procurement of government advertising with the magazine Contralínea . In fact, the information obtained shows that the recruitment advertising in the last 2 years given to various journals whose readership profile is similar to Contralínea , according to public data from the National Registry of Certified Print Media Interior Ministry has not decreased.
"In this regard, the information provided to this National Commission, it is apparent that suspension in the hiring of government advertising in the magazine Contralínea legal justification has as a general decline in recruitment advertising to all media in a format similar to that of the magazine Contralínea or that the suspension obeys the observance of other criteria as would be the coverage, service or frequency. "
Therefore, the NHRC ruled, "that the suspension in recruitment advertising in the magazine Contralínea may result from its editorial, if considered, as has been accredited by the National Commission on the basis of the evidence and information that Allegan, that the suspension is not generated from any legal disability or specific feature of the publication, as might be the audience profile, geographic coverage, the print run or circulation of the magazine, or a general reduction in recruitment advertising by the parastatal with similar magazines. "
So, "it is possible to fully demonstrate the lack of procedures and objective criteria, clear, transparent and non discriminatory by Petroleos Mexicanos in recruiting advertising, which can encourage its officers to use discretion of public resources devoted to the state-owned media to reward or punish the media for its editorial, which violates the rights to equality, legal certainty and of course freedom expression to the detriment of journalists and managers of media, in this case of the magazine Contralínea . "
For the first time, the NHRC about the lack of rules governing the hiring of federal government advertising. No, says "procedures and objective criteria, clear, transparent and non-discriminatory recruitment advertising officer, who can ensure equality of opportunity between different means looking to hire, including the journal Contralínea . "
This, he notes, "leaves open the opportunity to engage in discretionary practices affecting not only the pluralism of information and public debate, both essential elements of a democratic society, but also infringes the right to equality before considering that assumptions in fact the same applies unequal legal consequences, without any, at least in the present case, a sufficient legal justification to prove such a difference, as has been established in this document. "
also discusses this involves non-compliance with international agreements on Freedom of Expression signed by the Mexican government. Even the signs referred to in this regard has been the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights in its 2003 annual report said the advertising ban as a way of restricting freedom of expression:
"The murder of investigative journalists, the closure of a newspaper by the state, forms of violence against journalists by security forces or the refusal to let the air out certain television programs, are all eloquent examples of violations direct right to freedom of expression. However, behind these blatant violations, there are indirect ways more subtle and sometimes more effective by the State restrict freedom of expression. Because these violations are often indirect dark obstructions imposed silence, do not lead to investigation or warrant widespread censorship, as with other more direct violations. "
57/2009 In its recommendation against Petróleos Mexicanos, the NHRC states "that the rights guaranteed by international human rights instruments establish as indisputable criterion of non-discrimination, and in that sense, it would be a indirect way of restricting freedom of expression any measure that discriminates against a media outlet to receive advertising because of their editorial or critical of the government. "
also that "Principle 13 of the Declaration of Principles on Freedom of Expression, which serves as a criterion for interpreting the Convention, states that the arbitrary and discriminatory placement of official advertising in order to put pressure on and punish or reward and privileges to social communicators based on their information lines threaten freedom of expression and should be prohibited by law. Social media entitled to carry out its work independently, with the main role of the State to facilitate the broader, pluralistic and free debate of ideas, and that any interference that involves restricting the free flow of ideas should be expressly prohibited by law, so that direct or indirect pressure to stifle the dissemination of information journalists are incompatible with freedom of expression. "
The absence of these criteria in recruitment advertising, the NHRC said, "can lead to legal uncertainty in the media seeking to hire, in this case the magazine Contralínea , contrary to this the prerogative of every human being to live within the rule of law, under the current legal and regulatory system consistent and permanent, endowed with certainty and stability, and to define the limits of public power against the individual rights holders. " In
resolution to the complaint filed by the journalists of Contralínea , concluded that "the lack of clear procedures and criteria, objective, transparent and non discriminatory by Petroleos Mexicanos to hire advertising, leaving open the possibility of engage in discretionary practices for the distribution of public resources in order to reward or punish the media as their editorial which affects not only the pluralism of information and public debate, both essential elements of a democratic society, but also violated human rights to equality, legal certainty and freedom of expression. "
determined that Pemex officials violated "Articles 134, seventh paragraph of the Constitution of the United Mexican States that imposes an obligation on all public servants to apply impartially public resources under their responsibility; 7 and 8, fractions I and XXIV of the Federal Law of Administrative Responsibilities of Public Servants, as well as other legal provisions discussed in this chapter, which was violated, to the detriment of journalists from Contralínea , human rights, the legality and legal certainty, the rights provided for in Articles 14, second paragraph and 16 , first paragraph of the Constitution of the United Mexican States, 14.1, 17.1, 17.2, the International Covenant on Civil and Political Rights, and 8.1, 11.1, 11.2, 11.3 and 25 of the American Convention on Human Rights. "
Also, "were violated to the detriment of journalists from Contralínea human rights to equality and freedom of expression provided for in Articles 1, third paragraph, 6 °, first paragraph, 7, first paragraph, and 134, first, seventh and ninth, of the Constitution of the United Mexican States , 2.1, 26, the International Covenant on Civil and Political Rights, 2.2 International Covenant on Economic, Social and Cultural Rights, 24 of the American Convention on Human Rights, and 1, 2.1,2.2 and 7 of the Universal Declaration of Human Rights.
"Similarly, as provided by Article 13.3 of the American Convention on Human Rights and the principle 5 of the Declaration of Principles on Freedom of Expression as a tool for interpretation of Article 13 of the American Convention on Human Rights, which states that you can not restrict the right of expression by indirect means, or by any means designed to prevent communication and circulation of ideas and opinions, which inhibits spread their ideas or information. "
The NHRC ruled that Juan José Suárez Coppel shall instruct the parastatal "has procedures and objective criteria, clear, transparent and non discriminatory in the provision and distribution of advertising for different media media, both electronic and print. "
The NHRC ruled that the scope of its powers, authorities and administrative agencies must investigate grievances against journalists to apply sanctions and remedy the deficiencies leading. He also urged the Judicial Council of the Judiciary to implement the necessary measures "to prevent the exercise of a right to generate an indirect means, as would be the judicial harassment to undermine freedom of expression."
