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March 8, 2006:
International Women's Day |
"Writing or reading a book on the abuse and trade of children is neither easy nor enjoyable. Nevertheless, it is more dangerous for society to remain silent about this phenomenon. While society and the State looks on, thousands of children are victims of dealers who turn them into sexual objects to be traded and enjoyed by millions of men who find in child pornography and the sexual abuse of children a thing of delight which has no ethical repercussions."
—Lydia Cacho, excerpt from: Los demonios del edén: El poder detrás de la pornografía infantil, (The Demons of Eden: The power behind child pornography) published by Grijalbo in 2005.
To mark International Women's Day on March 8, International PEN Writers in Prison Committee is focusing on the case of the Mexican writer and journalist Lydia Cacho. Cacho currently faces trial under charges of criminal defamation related to her exposure of the connection between businessman José Camel Nacif Borge and alleged child pornographer Jean Succar Kari in the book Los Demonios del Edén. If convicted of criminal defamation she could be subject to a sentence of up to four years in prison. Lydia Cacho also runs a center for women who have been the victims of violence; writes a political column for the newspaper La Voz del Caribe; contributes to the Mexico City-based magazines Día Siete and Tentaciones; is the editorial director of the magazine Esta boca es mía (This mouth is mine); and a presenter of a television program of the same name. She has endured a number of death threats related to her work.
International PEN Writers in Prison Committee condemns the criminal defamation case against Mexican writer and journalist Lydia Cacho and calls for an end to the judicial harassment and the continuing threats to her personal safety that she has endured. PEN also calls for all charges against Cacho and other Mexican writers and journalists affected by similar legislation to be immediately dropped and for their right to practice their professions to be upheld in accordance with Article 19 of the United Nations Declaration of Human Rights that guarantees the right to freedom of expression.
Legal Action
Criminal charges of "defamation” and "calumny” were brought against Cacho in October 2005 by textile businessman José Camel Nacif Borge who is cited in Cacho's book Los Demonios del Edén: el poder detrás de la pornografía infantil (The Demons of Eden: the power behind child pornography) as having connections with Jean Succar Kuri, currently detained in the United States and accused of heading up a child pornography and prostitution network. The legal action against Cacho was taken in the state of Puebla. Notice of the charges and a demand for her to appear in court were apparently sent to the author but she claims that no such letter arrived at any of her registered addresses. Camel Nacif does not deny knowing Succar Kuri but claims that his reputation has suffered as a result of Cacho"s book making his relationship with him common knowledge.
Detention and trial
On December 16, 2005, Cacho (42) was detained by Puebla state judicial officers in Cancún, Quintana Roo. The officers apparently arrested her in her office, bundled her into a vehicle and drove her to Puebla, a journey of approximately twenty hours. Cacho has questioned the legality of officials from Puebla making an arrest in Quintana Roo before steps had been taken to ensure that she was aware of the charges brought against her. She also reported that she was not allowed to contact her lawyer or take with her the medicines she needs to control her bronchitis.
Judge Rosa Celia Pérez González of Puebla's Fifth Penal Court (Juzgado Quinto en lo Penal de Puebla) released Cacho from San Miguel State Prison the following day on bail of 106,000 pesos (US$9,900) pending a further ruling on December 23. On that date, Judge Pérez ordered that Cacho be detained awaiting trial. However, she will remain free since she lodged an appeal against the decision and had already posted bail.
The author has stated that she believes Camel Nacif has brought the charges at the bidding of Succar Kuri in order to discredit her book and strengthen the latter"s defense case.
Over the few months since the publication of the book, Cacho has received the protection of bodyguards provided by the General Procurator’s Office on account of the repeated death threats she has received.
She faces between six months and four years in prison if convicted.
Recommended Actions
Please send letters of appeal:
—Calling for all charges against Lydia Cacho to be dropped and her right to be allowed to practice her profession without judicial harassment and intimidation to be respected; in accordance with Article 19 of the United Nations Universal Declaration of Human Rights.
—Calling for those responsible for the ongoing death threats made against the author to be brought to justice.
—Urging the Mexican authorities to adopt the recommendation of the Inter-American Commission on Human Rights and repeal the laws governing criminal defamation so that such matters can be dealt with in the civil courts.
—Calling for an enquiry into the manner of Lydia Cacho’s arrest.
Please write a polite letter on your personal or institutional letterhead—or copy the one below—and mail to President Lic. Vicente Fox Quesada (postage 84¢), and H.E. Carlos de Icaza, the Mexican Ambassador to the United States (postage 39¢).
Sample Appeal Letter:
[Date]
President
Lic. Vicente Fox Quesada
Presidente de los Estados Unidos Mexicanos, Palacio Nacional Patio de Honor
Col. Centro 06067, Distrito Federal, México
Fax : +52 55 5277 2376
E-mail: vicente.fox.quesada@presidencia.gob.mx
Dear President Fox,
As one of the 3,100 writers who are members of PEN American Center, I am writing to express my alarm over the recent arrest and ongoing charges against author, journalist, and social activist Lydia Cacho Ribeiro.
It is my understanding that Ms. Cacho is being charged with "defamation” and “calumny” for her recently published book, Los Demonios del Edén: el poder detrás de la pornografía infantil, a book that turns a critical eye on the illegal industry of child pornography and prostitution. According to my sources, these charges were brought against Cacho in October 2005 by textile businessman José Camel Nasif Borge who is cited in her book as having connections with Jean Succar Kuri, a key player in the child pornography industry, who is currently detained in the United States. Cacho believes these charges were brought against her at the bidding of Succar Kuri in order to discredit her book.
I understand that Cacho was detained in Cancún and then driven all the way to a Puebla prison where she was released on bail. I am aware that she could face up to four years in prison. I am especially concerned to hear that, since her release, Lydia Cacho has been the victim of death threats and must now be accompanied by bodyguards.
I am deeply concerned about the recent threats and criminal defamation charges against Lydia Cacho Ribeiro. I feel strongly that custodial sentences for defamation are completely inappropriate and I urge you to remove them from the Mexican Penal Code. I believe that Cacho is being persecuted solely for the exercise of her right to freedom of expression as guaranteed by the International Covenant on Civil and Political Rights, and therefore ask that all charges against her be dropped.
Thank you for your attention to this matter.
Sincerely,
[Your name and signature]
Cc: H.E. Carlos de Icaza
Embassy of Mexico to the United States
1911 Pennsylvania Avenue NW, Washington, DC 20006
Fax: (202) 728-1698Internal Affairs Minister Carlos María Abascal Carranza
Secretario de Gobernación, Bucareli No. 99
Col. Juárez
Delegación Cuahtémoc
06600 Distrito Federal, México
Sources of information:
Original International PEN case alert:
http://www.internationalpen.org.uk/index.php?pid=33&aid=421
Reporters Sans Frontieres English language chronology of Cacho’s case:
http://www.rsf.org/article.php3?id_article=16012
Amnesty International Urgent Action reporting death threats made against Cacho:
http://web.amnesty.org/library/Index/ENGAMR410112006?open&of=ENG-315
For further information, please contact Dixe Wills at International PEN WiPC:
9/10 Charterhouse Buildings, Goswell Road, London EC1M 7AT, UK.
Tel: +44 (0) 207 253 3226, fax: + 44 (0) 207 253 5711, E-mail: dwills@wipcpen.org
>> International PEN Writers in Prison Committee
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