April 17, 2002

His Excellency
Lic. Vicente Fox Quesada
President of the Republic
of Mexico
Palacio Nacional
México D.F.
C.P. 06067
México

Dear President Fox:

The American Bar Association shares with you your outrage, and the outrage of the international legal community, at the murder of human rights advocate Digna Ochoa y Plácido.

The American Bar Association is the largest organization of legal and judicial professionals in the world, consisting of over 400,000 lawyers and judges. The American Bar Association, through its various entities, including its Center for Human Rights, continually monitors issues and incidents involving gross human rights violations.

The American Bar Association acknowledges, appreciates and supports your previous statements of outrage at the death of Ms. Ochoa. Ms. Ochoa was a steadfast advocate for human rights and gained international respect and admiration for her courage in the face of threats of personal harm. She was a bright light for those who worked to protect human rights and establish the rule of law in Mexico and around the world. Ms. Ochoa was the recipient of the American Bar Association International Human Rights Award at its annual meeting last year.

The murder of Ms. Ochoa followed years of threats and acts of intimidation against her and her colleagues at Centro de Derechos Humanos Miguel Agustín Pro Juárez ("PRODH") where she worked for many years. Whoever killed Ms. Ochoa left a note threatening to kill others at PRODH if PRODH continues its work. We understand there have been recent threats against even the family of Ms. Ochoa, threatening her parents and siblings. The previous Mexican administration did not take adequate steps to investigate these threats, despite calls by numerous human rights organizations for it to do so. Finally, the jurisdiction of the Inter-American Court for Human Rights was invoked and it issued orders to the Mexican Government to protect her safety and that of her colleagues. Subsequently, an additional order of the Inter-American Court of Human Rights was entered, designed to protect not only the colleagues of Ms. Ochoa at PRODH, but also her parents and siblings. The American Bar Association supports those orders and we ask that the Federal Government vigorously enforce and follow them in the spirit in which they were entered.

The American Bar Association is aware that federal government has offered its support to a full investigation and eventual prosecution of those responsible for the deaths of Lic. Ochoa and that the Federal Government has lent considerable assistance to the current investigation. The American Bar Association urges the Federal Government of Mexico continue such support for this action, including honoring any requests which may be made in connection with the foregoing with the Attorney General of Mexico City, to bring to justice by due process those responsible for the death of Ms. Ochoa and the threats against her colleagues at PRODH.

The ABA recommends and supports the following steps be taken in connection with the foregoing:

1. The ABA is aware that the Federal Government has stated its support for a full investigation surrounding the investigation and prosecution of those responsible for the death of Ms. Ochoa. The ABA urges that the Federal Government continue such support for this action and monitor the responsiveness of all of the entities within the Federal Government so that no question can exist that all entities within the Federal Government are providing full, open and unreserved support for the investigation and prosecution to the fullest extent of their respective jurisdictions.
2. The ABA is aware that a permanent entity - the National Commission on Human Rights (CDNH) -- exists within the Federal Government to address human rights abuses such as those directed at Ms. Ochoa. We are also aware that the Federal Government has taken additional steps over the past year to bolster its ability to address human rights abuses in Mexico. These include creation of the position of Under Secretary for Human Rights within the Secretariat of Foreign Relations, creation of a Special Prosecutor's Office within the Attorney General's Office to investigate disappearances, and most recently, creation of the Human Rights Office within the Secretariat of Government. We urge the Federal Government to take such steps as may be necessary to ensure the enduring success of these several entities so that the Government may be said to more fully protect the rights of all Mexicans, including those who speak and act openly as advocates for the protection of human rights in Mexico.
3. In your inaugural address you stated your support for the formation of a truth commission. The American Bar Association believes that creation of a truth commission empowered to conduct open, thorough, fair and impartial investigations into human rights abuses in Mexico and to promptly and publicly reports its findings and conclusions would be advisable. The American Bar Association is aware that in response to the release of the National Human Rights Commission a special prosecutor has - in response to the release of a CNDH report on disappearances - been named by the government of Mexico. This action may, to some degree, diminish the need for a truth commission. However, a truth commission has as a principle function the establishment of facts and search for truth in an open and public forum, whereas the special prosecutor may not have an open examination of the factual background regarding the historical occurrences on a broader prospective. It is for those reasons the American Bar Association believes a truth commission would have special value in this historical context.

The American Bar Association commends the steps you have taken to date in the field of human rights and judicial reform. The American Bar Association desires to establish a collaborative relationship with your government on these issues. The American Bar Association is willing to make available its vast resources to provide practical and professional assistance to your Federal Government to assist in accomplishing the foregoing objectives. As the American Bar Association continues to monitor the situation, it is our hope that we will be able to report favorably on the steps which it requests be taken as outlined above. The American Bar Association looks forward to establishing and maintaining a constructive dialogue with your government on these matters of mutual concern.

Sincerely,

Robert Hirshon, President
American Bar Association

cc: Rafael Macedo de la Concha

Procuraduría General de la República
Avenida Reforma, esq. Violeta
México D.F.
México

Bernardo Bátiz Vázquez
Procurador General de Justicia del D.F.
Gabriel Hernández #56, 5 piso,
Col. Doctores
C.P. 06720 México D.F.
México

Jeffrey Davidow
Ambassador of the United States
American Embassy Mexico
Paseo de la Reforma 305
Col. Cuauhtémoc
06500 México D.F.
México

Juan Jose Bremer
Ambassador of Mexico
to the United States
Embassy of Mexico
1911 Pennsylvania Avenue
Washington, DC 20008

IBA Human Rights Institute
271 Regent Street
London W1B 2AQ
England

Richardo Florez Magón
No 1 Col. Tlatelolco.
C.P. 06995 D.F.

Dr. Claus von Wobeser
Barra Mexicana, Colegio de Abogados
Varsovia No. 1
Colonia Juárez
06600 México D. F.
Mexico

Zona F Hostetler
O'Toole Rothwell Nassau et al
3011 Albermarle St NW
Washington DC 20008-2102

Prof. Robert E Lutz
Southwestern University
675 S Westmoreland Ave
Los Angeles CA 90005-3992

Robert A Stein
American Bar Assn
750 N Lake Shore Dr
Chicago IL 60611-3152

Elisa C Massimino
Lwyrs Comm for Human Rights
100 Maryland Ave Ne Ste 500
Washington DC 20002-5625

Colin L. Powell
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520