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 News Around the Republic of Mexico | September 2006 
Court Orders Further Probe of Cacho Case
 Jonathan Roeder - The Herald Mexico
| | Cacho mentions Nacif as a friend of Succar Kuri, who is accused of sexual exploitation of minors, in her book, "The Demons of Eden." |
In a surprise ruling on Tuesday, the Supreme Court ordered further investigation into the arrest and jailing of journalist Lydia Cacho, allegedly orchestrated by Puebla Gov. Mario Marín and an influential businessman.
After a heated session, the 10 justices voted 7-3 to order a deeper probe into the case. They simultaneously rejected a motion arguing there was insufficient evidence to show Cacho´s constitutional rights were violated when she was detained by police on criminal defamation charges that stemmed from her book on sexual exploitation of minors by an organized criminal ring in Cancún.
The court´s 11th justice, Olga Sánchez Cordero, is on vacation.
A tie ruling had been expected after Monday´s session adjourned, but in an unexpected move, two justices changed their positions and voted for the investigation to continue. Chief Justice Mariano Azuela ordered Justice Jesús Gudiño Pelayo to conduct the probe and to present his findings and arguments to the court when he concluded. A deadline was not established.
It was unclear how far the probe would go, and whether the court would investigate the alleged existence of organized crime rings dedicated to the sexual exploitation of minors.
Nonetheless, the ruling appears to be a victory for Cacho, who has long said that an international network of traffickers dedicated to child prostitution and pornography operates in Mexico with the protection of local authorities.
"It has been nine months with psychological pressure and exhaustion that I have been trying to defend myself and prove that I have been telling the truth," Cacho said. "In this country, it is very difficult for journalists to defend themselves against the economic power of those who generally are against them. I´m very excited."
In December of 2005, police agents arrested Cacho at her home in Cancún and drove her 20 hours to Puebla, where she was jailed to face defamation and libel charges from textile magnate Kamel Nacif. In her book, "The Demons of Eden," Cacho reports that Nacif was a friend of Jean Succar Kuri, who was recently extradited to Mexico from the United States to face charges of sexually exploiting minors.
Cacho says she was deprived of medicine and verbally abused during the trip, and that Nacif and Marín had plotted to have her beaten and raped after being jailed - which she says she avoided with the help of prison guards. Defamation charges against Cacho have been dismissed, but she could still face fines or jail time if convicted for libel, which is a criminal offense in Mexico.
Adding intrigue to the affair were audio tapes mysteriously released to the media in February, in which voices allegedly belonging to Marín and Nacif discuss the plan against Cacho in a profanity-laced conversation.
The issue of whether the audio tapes should be accepted as evidence has divided the court, with some justices arguing that they were obtained illegally and therefore should be excluded. Other justices said that while the tapes cannot be used to prove guilt, they reinforce Cacho´s claims that there was a plot against her.
Justice Genaro Góngora has been the most vocal advocate on the Supreme Court for further investigation into the case. On Tuesday, he cited the adverse conditions under which the nation´s media work - including threats, attacks and even killings in recent years. He argued that journalists´ constitutional right to freedom of expression is at risk, which justifies the Supreme Court´s attention.
Cacho said her legal team had compiled more evidence against Marín and state officials proving her rights were violated, which she would turn over to the court. She has also presented complaints against Blanca Laura Villegas, Puebla´s top prosecutor, and Rocío Celia Pérez, the state judge presiding over her case.
Villegas, who was also present at the Supreme Court session, said Cacho´s rights were never violated and that she never received any special instructions from Marín on the charges against her.
"I know that sooner or later, the truth will come out," she said, adding: "It makes me happy that up until now, after six months of investigation, they have found nothing (against me)."
She said Cacho´s claims regarding her arrest and imprisonment were false, and called on the Supreme Court to investigate their veracity.
Nacif Blames Ex-Wife for Release of Tapes
El Universal
In a letter made public on Tuesday, textile magnate Kamel Nacif gave an explanation for the origin of mysterious tapes in which he discusses the jailing of journalist Lydia Cacho with Puebla Gov. Mario Marín and others.
Nacif said the tapes were leaked to the media by his ex-wife Irma Benavides in an effort to pressure a favorable divorce settlement from him. He accused her of demanding a payment of US$25 million in exchange for keeping the latest tapes private, in which he tells lawmaker Emilio Gamboa to block a gambling bill in 2003 that was subsequently shelved by Congress.
Nacif acknowledges in the letter that the voice on the tapes is his, and expresses regret that the "offensive expressions are mine," saying he never expected the conversations would be made public.
In conversations with Marín, lawyers and other individuals, Nacif often uses vulgar language to refer to Cacho. He calls Marín his "precious guv" and offers to send him two bottles of cognac for his personal attention in his case against Cacho, who he accuses of defamation. Cacho mentions Nacif as a friend of Succar Kuri, who is accused of sexual exploitation of minors, in her book, "The Demons of Eden."
However, Nacif argues in the letter that his only offense is the use of foul language.
"My expressions - carried out in private - deserve to be rejected, both by myself and by an insulted public," he writes. "But I am responsible for nothing else ... In the field of business, I am judged by what I have done, not for how I talk." |
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