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The CPJ letter argued that the indictment of the three protesters ignored considerable evidence against pro-government gunmen photographed shooting into the crowd during the deadly battle.
The recent response from the
special prosecutor's office reiterated its confidence that
witness testimony and evidence point to the
demonstrators' culpability. It stated that the special prosecutor's office had "analyzed
all the possible investigation lines. No evidence was discarded or ignored." (Read the special prosecutor's response in Spanish.)
Authorities did not address an important ongoing question: Why is photographic
and forensic evidence that could implicate pro-government gunmen not
considered credible? They argue that photojournalist Raúl Estrella, who works
for
Authorities also did not provide detail to defend their controversial
theory that Will was shot twice at close range, defying conclusions by
independent investigators, Mexico's National Human Rights
Commission, and medical examiners in Oaxaca that both bullets came from weapons
fired at long range--a distance that would point to weapons fired by the
pro-government gunmen.
Oaxacan Judge Luis Salvador Cordero, in ruling that Martínez should stand trial, found that a "proven motive" implicated the protester, the prosecutor notes. But no reasoning for that motive has been provided beyond the fact that a protester is overheard on Will's videotape, seconds before the shooting, saying, "don't continue taking pictures." The authorities consider the comment a threat, but there are many ways to interpret such a statement during an intense moment. It is hardly solid evidence of a murder motive.
By not addressing these concerns in greater detail, authorities have failed to allay doubts over their ability and willingness to investigate this case.
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