Monica Esparza is 33 years and has six in jail. In 2013, while he went to buy material to make arrangements to your business of clothing with her partner and brother, Torreon municipal police detained them. It was 10 o’clock in the morning. As they were told, it would only be a routine review.
But they were taken to a warehouse of the Directorate of public security of Torreon. There Alfredo, pair of Monica, and Edgar, his brother, were stripped naked and beaten with boards on the chest and back. The first desollaron le the left thigh with a razor, and a whip of spurs you tore off pieces of skin from the back.
She also beat her in the stomach and tried to drown it in a bin with water, while they asked him things that she was unaware of; they tried to suffocate her with a plastic bag, it was beaten with hammers, knives and spurs. Later, she was sexually abused of underlying mob. It concerns, in place there were men dressed as military and municipal police forces.
The three were taken from the winery and spent a while in the baths of the offices of the Directorate of public security. Until there came an actuary of the Judicial power of the Federation, who informed them that the mother of Monica, who had been alerted to the arrest by a neighbor who witnessed, filed suit of amparo into the disappearance of the three.
Later, they were moved to offices of the Office of the Attorney-General in Torreon and the road, Alfredo, the pair of Monica, died before her because of torture, although the police stated once he was beaten when he was arrested . The body was cremated before determining the cause of death.
Without telling you the charges of those who were accused, Monica and her brother were transferred aircraft to the city of Mexico. At the offices of the specialized investigation of organized crime (SEIDO) Attorney, an agent of the public prosecutor’s Office threatened to kill his mother and her daughters if she not signed a sheet that put him in front. Later learned it was the confession of crimes.
The case will come to the UN
An official statement where the police reports of a joint operation between municipal police from Torreon and the army, noted that the three detainees were hijackers members of Los Zetas, who had been arrested in flagrante delicto with firearms use unique to the army.
Why she was rooted in three months, and on May 17, 2013 was transferred to the prison of maximum safety of Nayarit, although in 2016 they relocated it in the women’s Center of Social readaptation of Coatlán del Río (CEFERESO 16), Morelos.
Monica’s mother of four, who not has been seen growing in recent years. She has been detained for six years without even a sentence, despite the contradictions, lack of evidence and accredited torture to which it was subjected.
If will be presented this week to the Committee against torture of the United Nations, which will be held in Geneva. Mexico will be review in the matter. The representation of the country will present progress and the situation with regard to the fight against torture.
While civil society organizations will present their own analysis in what is known as «shadow report» that will include the process of Monica as a paradigmatic case of the existence of torture in the judicial system in Mexico.
In fact is one of the 29 cases documented in which women were sexually tortured during his detention, which form part of the report «Women with high forehead», performed by the Pro Juarez Center, which sought to identify «how the judiciary» It was in breach of its obligations to an allegation of sexual torture», explains the lawyer of the civil organization, Melisa Zamora, in an interview with political Animal.
The Pro Center took the legal defense of Monica last March, so analyzing the record of 14 volumes of way deep and detailed, they found items that irregularities and torture perpetrated against the girl.
The legal team insists that there is evidence of the facts which are alleged to. The ballistic expertise came out negative, i.e., the so-called flagrante delicto with weapons is not checked; There is a prosecution part because so-called complainants of the kidnapping only showed up once, but in all this time not have been able to be located.
The national human rights Commission (CNDH) added 16 medical certificates that attest to the injuries suffered by Monica, while the Protocol of Istanbul that was submitted indicates that there are still psychological injuries that correspond to torture.
There are also contradictions with respect to the detention, in terms of the hours in which occurred the facts, and those involved.
Expertise in computer science demonstrates that she had posted images on Facebook, that proves that he was elsewhere during the alleged kidnapping.
The only element of proof are the statements obtained under torture and threat, so the Prosecutor’s Office should not consider them, says the Attorney Melisa Zamora.
The judicial process is located in the «closing statement», reported on 14 March, this means that concluded the stage in parties, both the MP as a defense, they presented evidence on the case.
The next step is that the Attorney General of the Republic present their conclusions and «We hope that they are not accusatory. We are convinced of the innocence of Monica and Edgar».
Prosecutors could insist on his accusation or retract, therefore insists Zamora, «the Prosecutor’s Office should take the legal opportunity that has and although generally reiterated his accusations, in this case to have so many serious human rights violations, and one» the CNDH recommendation, could issue no accusatory conclusions».
This case, in addition, is a sample of the excessive use of pre-trial detention due to deficiency of the judiciary of clear proofs, and the inefficiency of the defense to request pending proceedings.
It is expected that the Prosecutor present conclusions within the next 30 days, and after that the judge will issue his ruling. The defense of Monica hopes that this can exclude the evidence derived from torture, as set out in the rules of international law.
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