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AMNESTY INTERNATIONAL REPORT 2016/17

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2014. The GIEI confirmed that the<br />

authorities’ assertion that the students had<br />

been killed and burned in a local rubbish<br />

dump was scientifically impossible. The GIEI<br />

also revealed that in October 2014, officials<br />

had irregularly visited a scene later linked to<br />

the crime and handled important evidence<br />

without proper permission or documentation.<br />

A man held in custody in relation to the case<br />

was forced by the authorities to participate in<br />

the visit without his lawyer present or any<br />

oversight from a judge. The visit took place a<br />

day before the government discovered a<br />

small piece of bone in the same place, later<br />

identified as belonging to student Alexander<br />

Mora Venancio. The leading official involved<br />

in these investigations resigned from his post<br />

within the Federal Attorney General’s Office,<br />

even though an investigation into his actions<br />

was ongoing. He was immediately appointed<br />

by President Peña Nieto to another senior<br />

federal position. In November, the IACHR<br />

presented its work plan for a follow-up<br />

mechanism on the Ayotzinapa case after the<br />

GIEI recommendations and the 2014<br />

precautionary measure issued by the IAHCR<br />

ordering Mexico to determine the status and<br />

whereabouts of the 43 missing students.<br />

HUMAN RIGHTS DEFENDERS<br />

AND JOURNALISTS<br />

Human rights defenders and journalists<br />

continued to be threatened, harassed,<br />

intimidated, attacked or killed. At least 11<br />

journalists were killed during the year. The<br />

federal Mechanism for the Protection of<br />

Human Rights Defenders and Journalists left<br />

human rights defenders and journalists<br />

inadequately protected. In February,<br />

international human rights organizations<br />

denounced the smear campaign against the<br />

GIEI and local NGOs involved in the<br />

Ayotzinapa case – a campaign that appeared<br />

to be tolerated by the authorities. The<br />

number of requests for protection under the<br />

Mechanism remained steady in relation to<br />

the previous year.<br />

In July, Humberto Moreira Valdés, former<br />

governor of the state of Coahuila and former<br />

president of the Institutional Revolutionary<br />

Party, sued prominent journalist Sergio<br />

Aguayo for US$ 550,000 in a civil lawsuit for<br />

alleged moral damage to his reputation due<br />

to an opinion piece published by Sergio<br />

Aguayo. The excessive amount demanded<br />

could constitute a form of punishment and<br />

intimidation, potentially affecting freedom of<br />

expression in public debate.<br />

In August, prisoner of conscience and<br />

community environmental defender Ildefonso<br />

Zamora was released after nine months’<br />

imprisonment on fabricated charges.<br />

FREEDOM OF ASSEMBLY<br />

The Supreme Court continued to analyze a<br />

legal challenge to Mexico City’s 2014 Law on<br />

Mobility. It ruled in August that the law<br />

should not be interpreted as imposing a prior<br />

authorization regime for demonstrations, but<br />

only as a rule allowing people to notify<br />

authorities in advance of any planned<br />

demonstration. The Court considered that the<br />

lack of provisions on spontaneous<br />

demonstrations did not mean that such acts<br />

were forbidden in any way. Finally, it voted in<br />

favour of a rule banning protests in the city’s<br />

main avenues.<br />

RIGHTS OF LESBIAN, GAY, BISEXUAL,<br />

TRANSGENDER AND INTERSEX PEOPLE<br />

In May, President Peña Nieto presented two<br />

draft bills to Congress to reform the<br />

Constitution and the Federal Civil Code. The<br />

proposed constitutional reform to expressly<br />

guarantee the right to marry without<br />

discrimination was rejected by Congress<br />

in November.<br />

The second proposed reform to the Civil<br />

Code would prohibit discrimination on<br />

grounds of sexual orientation and gender<br />

identity in allowing couples to marry and<br />

people to adopt children; the reform also<br />

included the right of transgender people to<br />

have their gender identity recognized by<br />

Mexico. The bill had yet to be discussed in<br />

Congress.<br />

In September, Supreme Court<br />

jurisprudence upholding same-sex couples’<br />

rights to marry and adopt children without<br />

being discriminated against on the basis of<br />

Amnesty International Report <strong>2016</strong>/<strong>17</strong> 253

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