AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Virginia Gonzalez Torres was physically assaulted on 6 October 1997 at the government-run Jose Sayago Psychiatric Hospital. Ms. Gonzalez is an activist on behalf of people with mental disabilities in Mexico and a member of the Citizens Committee for Support of the Jose Sayago Psychiatric Hospital. The attack occurred when Ms. Gonzalez attempted to enter the hospital with other members of the Committee to attend a meeting with the hospital's director, Antonio Martinez Mungia, and document with cameras and a video recorder the alleged mistreatment of the hospital's patients.

According to Ms. Gonzalez, she was the only member of the Committee permitted on the premises. Upon entering the hospital, Ms. Gonzalez was reportedly locked in a room where she was brutally attacked by hospital workers, as Mr. Martinez looked on.

Ms. Gonzalez's hospital records indicate that, as a result of being thrown to the ground and beaten, she suffered multiple trauma to the skull, neck, and other parts of the body. In addition, her examination revealed blood vessel damage and bruising, a cervical sprain, moderate cerebral contusions, and a broken leg.

The attack is regarded by local human rights activists as an attempt to intimidate those speaking out against the abuse of patients in psychiatric hospitals.

The attack on Ms. Gonzalez by employees of a state hospital in the presence of a hospital official is particularly troubling. In addition to constituting violations of international human rights standards, the attack constitutes an infringement of medical ethical standards. They include:

Under the United Nations Covenant on Civil and Political Rights (ratified by Mexico on 23 March 1981):

• Everyone has the right to life, liberty and security of the person (Article 3).
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5).

Under the American Convention on Human Rights (ratified by Mexico on 24 March 1981):

• Everyone has the right to have his physical, mental and moral integrity respected (Article 5.1).
• No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment (Article 5.2)
• Everyone has the right to personal liberty and security (Article 7).

Under the International Code of Medical Ethics (approved by the World Medical Association in 1949):

• A physician shall always maintain the highest standards of professional conduct.
• A physician shall always bear in mind the obligation of preserving human life.

Under the Declaration of Tokyo (adopted by the World Medical Assembly in 1975):

• The doctor shall not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures...
• The doctor shall not be present during any procedure during which torture or other forms of cruel, inhuman or degrading treatment is used or threatened.

(Source of information on this case is Mental Disability Rights International)

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters:

• calling on the government of Mexico to investigate this incident and to prosecute the individuals responsible for the attack on Ms. Gonzales;
• urging them to provide compensation to Ms. Gonzales and assure her full protection from future attacks or intimidation as she continues her advocacy work;
• requesting that the government of Mexico provide human rights mechanisms that will assure the safety of activists.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Ernesto Zedillo Ponce de Leon
Presidente Constitucional de los Estados Unidos Me
Palacio Nacional
Patio de Honor - 2o. Piso
06067 MEXICO, D.F.
Fax: 011 525 515 1794


Juan Ramon de la Fuente
Secretario de Salud
Lieja No. 7 - 1er Piso
06696 MEXICO, D.F.
Fax: 011 525 553 7917


Cesar Camacho Quiroz
Gobernador del Estado de Mexico
Palacio de Gobierno
5000 Toluca, MEXICO
Fax: 011 5201 72 1441 72


Jorge Madrazo
Reforma Norte No. 75
Col. Guerrero
06300 MEXICO, D.F.
Fax: 011 525 626 4419


Mirel Rosatti
Presidente de la Comision de Derechos Humanos
Periferico Sur No. 3469
Col. San Jeronimo Lidice
10200 MEXICO, D.F.
Fax: 011 525 681 8168/525 681 7998

COPIES SENT TO:

Virginia Gonzalez Torres
011 525 682 9503


Eric Rosenthal
Executive Director
Mental Disability Rights International
c/o Judge David L. Bazelson Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005-5002
Fax: 202 223 0409

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