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Extensión
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6 fojas
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Resumen
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Carta mediante la cual se hace del conocimiento que la beca de CONACYT le fue retirada por enviar una carta con sus puntos de vista acerca del el consejo y del nivel académico..
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Tipo
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Carta
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Clasificación
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UAMC.MAGC.01
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Sububicacion
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Sobre
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Texto completo
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RAUL O. PAEZ DELGAD0,8/28/98 16:46,FW: Testimony, Denounce and Reque
1
" 1998: 50th Anniversary of the Universal Declaration of Human Rights"
Tijuana, B.C., August 27, 1998
Mrs. Mary Robinson
High Commissioner for Human Rights
Centre for Human Rights, United Nations Palais des Nations
1211 Geneva 10, Switzerland
Dear Mrs. Robinson:
"'
I am strongly convinced that you represent a moral voice for victims of human rights
violations and abuse of power. I am a victim of human rights violation and abuse of
power. Surely, You think any human right is not down the line to others. Identically, any
human right law's transgressor is not down the ethicalline to others. By contrary, it is
insignificant if on this hand the transgressor is a «smoking gentlemen», or in the other, is
a rustic or hulk man. The whole world as entity, and each of our countries, in particular,
are being urged to offer for theirs peoples and communities peace, security and laws
protecting environment and human rights. As You know, is a crucial principie that all
them working for defense on human rights are socially and ethically obligated to be as the
best living example of women and men whom --in this regard-- , are displaying their work
and tasks with veneration and deferential.
Mrs. Robinson:
What happened if one man, who is part of your venerable office, are failing to respect
with honor the human rights law and others?
What happened when the women and men whom are the main oblige to promote human
rights education, not only are failing and go under, but transgressed the law?
This letter (simultaneously, I am sending You the original hard text by airmail ) describe
about certain complaint filed by signatory in the Sixth District Federal Court in Tijuana. It
is a testimony and denounce under oath. Its subject matter is a complex student's Habeas
Corpus case vs. authorities's acts of El Colegio de la Frontera Norte (El Colef) and the
Centro de Estudios Científicos y de Educación Superior de Ensenada (CICESE), Baja
California. Both, are Research and Education's Centers, branches of the Scientific
Mexican Sistem, headed by the National Council of Science & Technology (CONACYT).
This three centers are public institutions, dependents of the Secretary of Public Education
(SEP), executive branch of the Mexican federal government.
First, this case was considered in the Mexican Office of Human Rights National
Commission (file CNDH/121197/BC 5049) by bis 2nd visitor in Mexico City. Later, the
Sixth District Federal Court in Tijuana received and heard a complaint filed by myself. A
Federal Judge ruled in favor of claimant who is student in an environmental management
master degree which is sponsored in common by El Colef & CICESE. In July 28 , 1997
the claimant was arbitrarily expelled and cut off from this master degree course because
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RAUL O. PAEZ DELGAD0,8/28/98 16:46,FW: Testimony, Denounce and Reque
2
he wrote and send to the El Colefs scholar council sorne letter containing critica!
viewpoints about evaluation system and certain academic course. The letter contents was
taken erroneously as an attack for institution and the professor, who responded with other
letter. Before they expel me, I hadan interview with The El Colefs President, who rising
his voice, He told me: « ¡ Your letter reach me and strike me! ». This facts occurred in his
office in San Antonio del Mar in July 15, 1997 between 10:30 and 11:00 A.M.
Next, two weeks later, without let meto explain or heard for defense, the El Colefs
President (Jorge Bustamante Fernández) and the persons of his Advisory Committee
(named as Consejo Académico), expelled me from this center. Really , they imposed
against me a sort of «capital punishment». Previously, They deprived me of all rights and
any means for defense. In the academic life, this sanction is equivalent to a capital
punishment. This excessive and unfounded sanction only was possible and took place in
violations of 8th, 10th and ll(l)th of the Universal Declaration of Human Rights and
14th and 16th of the highest Mexican law , the Republic's General Constitution. Of course,
They knew very well what's were doing: before sociologist, Mr. Jorge Bustamante is a
lawyer from Universidad Nacional Autónoma de México.
For this reasons, the student Páez filed a complaint in Sixth Federal District Court in
Tijuana (file 690/97). In August 22, 1997 the Federal Judge ruled a restraint order vs.
acts of Jorge Bustamante Fernández and his Advisory Committee. Only on this way, by
the shelter hand of the Judge, I could come back to the El Colef. But newly, the
authoritarianism showed bis fierce face: «You are unwelcome ! » told me the interna!
guardians with gun on belt. Previously, they were ordered by the El Colefs President to
stop me, closing and locking doors. The next ten days, the human rights lawyers from the
governmental Procuraduría de Defensa de los Derechos Humanos y Protección Ciudadana
and the non guvernmental organization (NGO) Centro Binacional de Derechos Humanos,
sheltered me «hand to hand» and only in this way, I could to reach the classroom. This
illegally acts from El Colefs employees took place despite I had in my hands the judge
restraint order paper and showed it to the guardians whom explain: «Sorry, we only
attend to Mr. Bustamante's order».
In February 11 , the federal judge dictated a judicial decision against the El Colefs
President and the persons of his Advisory Committee. The judge's ruling stated that Mr.
Jorge Bustamante and all members of bis Advisory Committee failed in adjust bis acts to
the constitutional law and requiring them to repair in favor of claimant. Requested for
judge sentential, in April 8, 1998 the El Colefs Advisory Committee dictated new agreed
abolishing bis before decision against the claimant, ceasing in theory, all expels effects. In
accordance with federallaws, they could have appealed, but not took them any measures
to respect. Then, they not refused the judge sentential. Definitely, they fallen in human
right law's violation, articles 14 and 16 of Mexican Constitution.
On this respect, is important to explain you that nobody never had seen rectification in El
Colefs Advisory Committee about this matter in the past. Is the first time as long as
fifteen years the El Colefs Advisory Committee rectify its decision upon student's
,. . . . . . ... . . . . ... . . . . .. . . . . .. . . .. . . ... . ... . . . . ... . . . .. . .. . . . . .... . . . . ....... . . . .... . . .... . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . .... . .. . . . ... . . . ... . .... .!
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RAUL O. PAEZ DELGAD0,8/28/98 16:46,FW: Testimony, Denounce and Reque
3
conflict. This is one of the first times a Federal Court knew and stopped this kind of abuse
of power in academic institutions. It is too, one of the first experiences of tbis character as
long as the Mexican history. Is only a little but providential sample of certain positives
changes in the Mexican Federal Justice System. 1 think, this experience representan open
door and fresh air for protection and sheltering against authoritarianism, abuse of power
and human rights violations from whom that seem are confused about the character of
public education's institutions and their personal property.
Nevertheless, tbis is not complete bistory: the affair is more complex and grievous.
Throughout the course of judgment, my lawyer detected and in January 8, 1998, 1
denounced to the Colefs President, Jorge Bustamante Femández and two others first level
El Colefs officers [Jorge Santibañez Romellón (El Colefs President from February 4,
1998 to date) and Vicente Sánchez Munguía], whom presumably presented apocryphal
legal documents and lied to the judge. In accordance with Mexican federallaws, in march
1998 the judge called for another federal government agency ( known in Mexico as the
Ministerio Público Federal) to investigate for possible criminal charges. A this time, this
criminal process is in course. It is possible a federal judge call for them in next weeks.
They should to pro ve truthfully and with consistency, that they never put upon the judge's
hands apocryphal documents. In truth, this is a very serious ethical conflict. It is more
serious as well as Mr. Bustamante was the El Colefs President, is Mexican Academy
Human Right (AMDH) member and now is working in certain United Nation's technical
commission about defense of migrant's human rights.
On the other hand, as long as year, in spite of the fact that a positive judge's sentential in
February 11 , 1998, the student Páez have been suffering many repressive actions. For
example, he can't enjoy the normal rights of all students:
By contrary judge sentential, he have not received any pays for the CONACYT's
scholarsbip to support bis studies as long as 12 months. 1 am three cbildren's father and
this measures are not only against me, but my family too; is an attack of their quality of
life, inhumane and criminal
No test examinations was scored for bim in the El Colef & CICESE, despite the judge's
restraint order in August, 1997 and the sentential in February 11 , 1998. Let me tell you
that previously, 1 was graduated by honors in a Jesuit's University in Tijuana and 1 got
national award as one of the Best Students in Mexico.
His final research report --about tuna-dolphin controversy--, was not authorized for El
Colefs officers, and now is in the judge's hands. 1 am author of a book about tuna-fish
controversy, sponsored and edited by Mexican Congress and Environment Mexican
Secretary (SEMARNAP), published in June, 1997.
Now, all the master degree's student of El Colef are going to graduate, but not the
claimant. They wish nobody more attempt to filed complaint against bis unlawful and
reprobative acts. It is another discretional measures for punish me. 1 repeat: it take place
despite the judge's sentential. New judge's ruling, waited in next week, could to call again
for the Ministerio Público Federal, now for obstruct (this is, to impede, retard, or
interfere with) federal justice.
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RAUL O. PAEZ DELGAD0,8/28/98 16:46,FW: Testimony, Denounce and Reque
4
All this facts are known by the CONACYT's General Director, Lic. Carlos Bazdresch
Parada, who recently was required for the Federal Judge.
Mrs. Robinson, this affair look incredible, but in whole is true. I know that your
experience and sensibility let you understand very well the meaningful of all this actions.
On my personal viewpoint, this mean:
Human Rights Law violations and power abuse. In this case 8, 10 and 11(1) Universal
Declaration' articles was violated and others of domestic law above listed, although this
year the world commemorate the 50° Anniversary of the Universal Declaration of Human
Rights .
Challenge to the judge's sentential and obstruct justice. It work against the necessity for
account with a country based in laws, strong compromise from President, Ernesto Zedilla
when he was in campaign and now in his National Development's Plan, 1995-2000.
Democracy is weak if not fully absent. The crude authoritarianism describe here, claims
an absolute obedience to authority, as against individual freedom. This actions are
negating democracy, injury and hurt the intelligence in academic's community. As yet,
nobody in El Colef know a formal summary of those rights and liberties considered
essential to students in any University orina research and education's center. Afterward
fifteen year, recently (January, 1998), the professors and researchers corp. , founded his
own and independent professional association, despite Mr. Bustamante's strong opposition.
BASED ON all situations above described, with plenty respect for your WORK AND
invest
I request you for:
Open an investigation about all facts here denounced and take the better measures to
correct possible deviations of your personnel. If necessary , require to the Mexican
President, Dr. Ernesto Zedilla for removing to Mr. Jorge Bustamante from current
position dependent of the Office of United Nations High Commissioner of Human Rights.
The President headquarters is addressing in Residencia Oficial de Los Pinos, Col. San
Miguel Chapultepec 11850 México, D.F or Palacio Nacional, Centro 06067, México, D.F.
Your counsel and solidarity for conclude this stage of my life with justice and fortify my
hope and faith about the great importance on defense and protect human rights for all and
always and for reach a better future. In this regard, m y request is You send a letter to
Public Education's Minister, Lic. Miguel Limón Rojas, urging him to put attention and
procuring good solution for student Páez about this problem. The Minister headquarters is
addressing in Donceles 89, Centro 06020 México, D.F.
I will appreciate your answer, attention and support. Thanks, in advance.
The claimant
RAUL O. PAEZ DELGAD0,8/28/98 16:46,FW: Testimony, Denounce and Reque
5
RAUL O. PÁEZ DELGADO
For contact and/or answer:
2335 Road Orive Suite 373
San Ysidro CA., 92173, U.S.A.
e-mail: paez@telnor.net
Note: Attached this letter you can find up the file Bolet-02. It contain sorne essential
paragraphs of the judge's sentential. Please, double click on WORD icon for displaying
text.
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L . . __
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_
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Materia
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Derechos Humanos
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Violaciones a la ley
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Persona o institución mencionada
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Mary Robinson
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Jorge Bustamante Fernández
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Vicente Sánchez Munguía
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Ministerio Público Federal
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Miguel Limón Rojas
