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posted Aug. 23, 2008; updated
March 2009
>> A recent
visit to Ricardo and what we learned from it. >>
Lic.
Ivonne Aracelly Ortega Pacheco
Gobernadora del Estado de Yucatán
Palacio de Gobierno,
Calle 61, Col. Centro
Mérida 97000
Estado de Yucatán
Mexico
Señora Gobernadora,
I urge you to re-open the case of Ricardo
Ucán, who has been in prison at Tekax since 2001.
His trial was conducted in Spanish, without
an interpreter, though he understands little Spanish. It seems
to be a case of discrimination against Maya-speaking people.
Yours respectfully and sincerely,
Having written your letter, you could send it also to:
Lic. Armando Villarreal Guerra
Procurador del Estado de Yucatán
Km 46.5 Periférico Poniente
Polígono Susulá-Caucel
Tablaeje Catastral 20832
Mérida, Estado de Yucatán
Mexico
("Señor Procurador")
_________________________
Information condensed from an Amnesty International document
"Injustice and impunity: Mexico's flawed criminal justice
system", which can be found at http://www.amnesty.org/en/library/asset/AMR41/001/2007/en/dom-AMR410012007en.html,
and from some later sources:
Ricardo Ucán Ceca, of an indigenous Maya community
in Akil, Yucatán State, was arrested for the murder,
in self-defense, of a neighbor, Bernardino Chan Ek, on 5 June,
2000, and sentenced in June 2001 to 22 years in prison.
He signed a statement in Spanish that he had shot his neighbor
during a dispute over a plot of land. He understood and spoke
little Spanish, could not read or write, and was not allowed
an interpreter. He did not understand the legal process, so
could not fully explain the circumstances. The public defender
appointed for him did not discernibly participate in the process,
nor did she sign the record of his statement.
In 2003 the Yucatán State Human Rights Commission
concluded that Ricardo Ucán's right to adequate defence
and a translator had been violated, and recommended an investigation.
Yet petitions filed to the State Superior Court and federal
courts against the sentence were subsequently rejected. The
courts failed to place any burden on the judge or prosecutor
to ensure that the defendant fully understood the judicial
proceedings, and ruled that the translator is for the benefit
of the judge, not the defendant.
Ricardo Ucán's conviction and the failure of appeals
appear to have been the result of discriminatory treatment
by the judge, prosecutor, and public defender. His case is
an example of discrimination against indigenous suspects,
which often results in their receiving unfair trials and excessive
sentences. In January 2007 the United Nations Special Rapporteur
on the situation of human rights and fundamental freedoms
of indigenous peoples expressed concern at the discrimination
and called for legal measures to ensure his effective access
to justice.
You can send postcards or greeting cards that will be taken
to him:
Ricardo Ucán
c/o Equipe Indignación
Calle 17-A s/n entre 20 y 22
Chablekal
Mérida, Yucatán
Mexico
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