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Editorials | Issues | April 2007  
Soberanes Insists Upon CNDH Version in ‘Rape’ Case
Kelly Arthur Garrett - The Herald Mexico
 The top human rights official, facing tough questioning from skeptical legislators, insisted Wednesday that an elderly Veracruz indigenous woman had died of complications from stomach ulcers and not as a result of a sexual assault by soldiers.
 José Luis Soberanes, president of the National Human Rights Commission (CNDH), told members of the lower house´s Justice, Human Rights and Gender Equity Committees that investigators and medical experts on his staff had solid evidence that the initial autopsy by Veracruz state authorities finding indications of rape was flawed.
 He also denied suggestions by deputies that he had overstepped CNDH authority in an attempt to head off a potential investigation into alleged Army misconduct in the mountainous area of Zongólica near the state capital, Xalapa.
 "The only thing we´re looking for is the truth," Soberanes said.
 Soberanes offered to submit documents and photographs from the CNDH investigation, but the lawmakers refused to accept them, saying it was not their place to examine evidence in a possible criminal case.
 Ernestina Ascencio Rosario, 73, was found dying in February by family members, who said her last words were that military men had attacked and raped her.
 The initial autopsy by state authorities seemed to support the claim, and military officials immediately speculated that thugsdisguised as Army personnel were responsible for the attack.
 But the CNDH, charged with investigating possible abuse of authority by government employees, performed a second autopsy and concluded that there was no rape.
 Instead, the CNDH says, Doña Ernestina died of anemia resulting from internal bleeding related to gastric ulcers.
 That finding was first announced in March - not by CNDH spokespersons, but by President Calderón. Soberanes said the president had access to the report because the military was involved.
 The case has drawn national attention, with many elected officials and independent human rights advocates voicing suspicion that the Army is being protected. The rural poor in southern states, especially in indigenous areas, have long complained that some soldiers routinely abuse local residents.
 Some 300 members of Doña Ernestina´s community left Tuesday for Mexico City, planning protests.
 Veracruz state authorities still have jurisdiction over any possible criminal proceedings. The CNDH is empowered only to make recommendations.
 Soberanes said the official recommendation resulting from the CNDH investigation will be released next week. | 
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