ACTION WHA-00 UNCLASSIFIED El INFO LOG-00 AMADn00 CA-00 INL-00 UTED-00 H-00 TEDE-00 L-00 DRL-00 AC-00 NFAT-00 ACE-00 SAS-00 SP-00 OOOW TEST-00 FMP-00 PRM-00 ------------------45DFB9 2622062 38 R 262154Z JUL 04 FM AMEMBASSY MEXICO TO SECSTATE WASHDC 8857 INFO ALL US CONSULATES IN MEXICO COLLECTIVE RELEASED IN FULL UNCLAS MEXICO 005740 E O 12958 N A TAGS KJUS MX PGOV PHUM SUBJECT NO ARREST WARRANT FOR ECHEVERRIA FOR NOW REF A 02 MEXICO 0098 B 03 MEXICO 3506 1 SUMMARY On Saturday a Mexican judge denied special prosecutor Ignacio Carrillo Prieto's request to issue an arrest warrant for ex-President Luis Echeverria and other former government officials accused of abuses during Mexico's dirty war Carrillo Prieto said he will appeal the decision to the Supreme Court within three days Disappointed human rights activists hope the Supreme Court will reverse the decision while some members of the political class mainly from the PRI are fighting on behalf of Echeverria using the argument that it is time to leave the past behind and move forward End summary 2 Ignacio Carrillo Prieto Carrillo was appointed Special Prosecutor by the Fox administration to investigate government abuses committed during Mexico's dirty war including but not limited to the massacre of activists by security forces in 1971 After announcing his intention to prosecute ex-President Luis Echeverria for genocide and abuse of authority some weeks back Prieto finally presented a his case to a judge on July 23 On July 24 however the judge refused to issue an arrest warrant against Echeverria In his decision the judge wrote that Mexico's 30 year statute of limitations precluded prosecution of Echeverria and others for crimes committed in 1971 Carrillo believes the judge erred and is arguing that the dirty war continued until at least 1982 which will be the basis for his appeal THE POLITICAL BATTLE UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY NORMAN M BOUTON DATE CASE ID 07 NOV 2008 200603868 UNCLASSIFIED UNCLASSIFIED 3 This case involves political as well as judicial battles The main one is between President Fox and the PRI While Fox himself has lately taken a hands-off approach stating only that he promised to create Carrillo's commission FEMOSPP and not prosecutions other members of his administration have been more aggressive Chief among these is Santiago Creel Fox's interior minister and possible PAN presidential candidate in 2006 In response to PRI objections Creel has said past crimes cannot be negotiated 4 The PRI on the other hand hopes that Echeverria will be left-alone and the dirty war considered a closed chapter in Mexican history Mexico's former presidents have been protected from prosecution and the PRI is no doubt worried about setting a new precedent Another concern is of a possible domino effect Should Echeverria or other former senior government officials face the possibility of jail they could begin to implicate their then-colleagues many of whom are still active in politics to save themselves something the PRI desperately wants to avoid NOT THE LAST WORD 5 This is not the last we will hear of this case There is significant pressure from human rights groups to press the case and Carrillo has already indicated he will file an appeal with the Supreme Court within the three-day deadline for doing so Much will depend on the legal interpretation of the statute of limitations and whether or not genocide is the proper crime with which to charge Echeverria and his cohorts Visit Mexico City's Classified Web Site at http www state sgov gov p wha mexicocity Garza NNNN UNCLASSIFIED