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MEXICO
Two years after the historic election of Vicente
Fox, which ended 75 years of one-party rule in Mexico, the country is
being governed somewhat more democratically. But in 2002, the president
still faced urgent demands to break with the government’s corrupt and
secretive past in favor of transparency and public accountability.
On April 30, in response to pressure from civil
society groups and the public, Congress unanimously passed the Federal
Law on Transparency and Access to Public Information, which Fox signed
in June. The law defines all government information as public and requires
agencies to publish all information concerning their daily functions,
including budgets, operations, staff, salaries, internal reports, and
the awarding of contracts. The legislation grants citizens the right to
request information that is not already public and allows them to appeal
to the Federal Institute for the Access to Public Information an agency’s
decision to deny information. If that appeal is lost, citizens can take
the case to court. The law also prohibits the government from withholding
information regarding crimes against humanity or human rights violations
under any circumstances.
Criminal libel laws still plague Mexico’s journalists.
In October, a judge filed arrest warrants against Oscar Cantú Murguía,
owner and editor of the Juárez-based daily Norte, and seven of
his journalists. Several months earlier, former mayor Manuel Quevedo Reyes,
who now heads a real estate firm, had filed criminal libel charges against
Murguía and his colleagues after a series of articles in the paper suggested
that government officials had deliberately overvalued land that Reyes
sold to the government. The warrants remained pending in a state court
at year’s end.
Although Fox promised to eliminate “all practices
that get in the way of informing the public openly and truthfully,” federal
investigators still pressured journalists to reveal the sources of their
stories. Since March, six reporters from the Mexico City daily La Jornada,
as well as the news director of the daily El Universal, have been
ordered to testify before investigators about sources for articles on
a corruption scandal involving the public petroleum company Pemex. On
December 3, the attorney general justified the investigation, saying it
was not designed to attack journalists but rather to punish officials
who leak classified information to the media.
Meanwhile, reporters covering high-crime areas,
especially near the U.S.-Mexico border, which is rife with drug traffickers,
still face danger. For example, in January, J. Jesús Blancornelas, co-editor
of the Tijuana weekly Zeta, received an e-mail saying that a gunman
based in the border city of Mexicali, in the northern state of Baja California,
had orders to execute him. For years, Blancornelas has covered corruption
and drug trafficking there and has received frequent threats because of
his award-winning reports. The January threat was attributed to the Tijuana
drug cartel, then headed by brothers Ramón and Benjamín Arellano Félix.
In November 1997, the Arellano Félix brothers wounded Blancornelas in
an attack. The journalist is currently under permanent protection by bodyguards
from an army Special Forces unit.
Some Mexican politicians have tried to harass journalists
by using the U.S. court system. On January 9, Dolía Estévez, the Washington,
D.C., correspondent for the Mexican daily El Financiero, was ordered
by a subpoena issued by the plaintiff’s lawyer to hand over material related
to a 1999 news article about the Hank family of Mexico, which has been
linked to drug trafficking. The subpoena asked for all research materials
used to prepare her article, including e-mail correspondence, tape recordings,
calendar and appointment books, draft articles, and lists of U.S. government
contacts. On March 19, a U.S. district judge granted Estévez’s motion
to quash the subpoena, noting that “the information sought by Plaintiffs
appears to be nothing more than a fishing expedition.” The plaintiffs
appealed the ruling, and a hearing was scheduled for February 21, 2003.
In May, a three-judge appeals panel sentenced two
men to 13-year prison terms for the 1998 murder of Philip True, a San
Antonio Express-News (Texas) journalist who was killed while working
on a story about the Huichols, an indigenous population that lives in
a mountainous area stretching across Jalisco, Nayarit, and Durango states.
The unanimous ruling overturned an August 2001 verdict that had acquitted
the two men. The defendants’ lawyers appealed the latest convictions,
which remained pending at year’s end.
January 10
J. Jesús Blancornelas, Zeta

Blancornelas, co-editor
of the Tijuana weekly Zeta, received an anonymous, threatening
e-mail, apparently in connection to his reports on drug trafficking.
He publicized the threats on January 15 in his weekly
column “Conversaciones Privadas” (Private Conversations), which is carried
by Zeta as well as more than 20 other Mexican dailies. According
to Blancornelas, the message said that a gunman based in the border city
of Mexicali, in the northern state of Baja California, had orders to execute
him.
For years, Blancornelas has covered corruption and
drug trafficking there and has received frequent threats because of his
award-winning reports. These latest threats were attributed to the Tijuana
drug cartel, headed by the brothers Ramón and Benjamín Arellano Félix.
On February 10, Ramón Arellano Félix was shot dead by Mexican law enforcement
officials, while Benjamín Arellano Félix was apprehended on March 9 and
sent to a maximum-security prison.
The journalist told CPJ that he did not file a complaint
about the threat because he does not trust the local authorities, who
he believes may have ties to drug traffickers. In November 1997, the Arellano
Félix brothers wounded Blancornelas in an attack, and Luis Valero Elizaldi,
his friend and bodyguard, was killed. The journalist is currently under
permanent protection by bodyguards from an army Special Forces unit.
February 1
Isabel Arvide, free-lance

Arvide, a journalist
and author, was charged with criminal defamation by Osvaldo Rodríguez
Borunda, owner of Editora Paso del Norte, a publishing company that owns
the dailies El Diario de Chihuahua and El Diario de Juárez,
both based in the northern state of Chihuahua. Rodríguez Borunda also
requested 50 million pesos (US$5,000,000) in “moral damages.”
Judge Armando Rodríguez Gaytán of the Second Penal
Court in the district of Morales, Chihuahua, in north central Mexico,
confirmed to CPJ that Arvide was charged with criminal defamation. According
to Mexico’s Criminal Code, Arvide faces six months to two years in prison
if convicted.
Chihuahua State police arrested Arvide on Friday,
August 19, at the airport in Chihuahua City as she was boarding a flight
for Mexico City. She was released more than 24 hours later, after paying
a bail of 100,000 Mexican pesos (US$10,000).
The charges stemmed from a June 2, 2001, article
by Arvide that appeared on the journalist’s own Web site, www.isabelarvide.com,
and in the Mexico City–based daily Milenio. In the article, Arvide
accused Rodríguez Borunda of being involved in drug trafficking and money
laundering.
Arvide has written many exposés about drug traffickers,
corruption, and violence. She also wrote the book Muerte en Juárez
(Death in Juarez). She was in Chihuahua covering a tour of the region
by the national director of the Institutional Revolutionary Party when
she was arrested at the Chihuahua airport.
Arvide maintains that the arresting authorities
failed to properly identify themselves or to clarify the charges against
her at the time of arrest. Judge Rodríguez had issued the warrant for
her arrest on June 16. A court rejected an injunction she filed challenging
the arrest warrant and the imprisonment order, and at year’s end, her
case was ongoing.
Arvide, who lives in Mexico City, is currently free
on bail but must appear before a Chihuahua court every 15 days and sign
a court record, she told CPJ. She also needs authorization to leave the
country.
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