(CPJ/IFEX) – In a 24 May 2000 letter to Attorney General Jorge Madrazo Cuéllar, CPJ expressed its concern about the prosecution of Meliton García, a reporter with the Monterrey-based daily “El Norte”, who is being charged under Mexico’s federal electoral law for fraudulently obtaining a voter credential. If convicted, García could be jailed for up […]
(CPJ/IFEX) – In a 24 May 2000 letter to Attorney General Jorge Madrazo Cuéllar, CPJ expressed its concern about the prosecution of Meliton García, a reporter with the Monterrey-based daily “El Norte”, who is being charged under Mexico’s federal electoral law for fraudulently obtaining a voter credential. If convicted, García could be jailed for up to six years.
The charges against García stem from a two-part series published in “El Norte” on 16 and 17 May, in which the journalist reported on his own efforts to obtain a voting credential using a false birth certificate. In the article, García described how coyotes, or unofficial document expediters who congregate outside government offices, sell false birth certificates for 1000 pesos (US$110). Under Article 247 of Mexico’s penal code it is illegal to obtain a false voter credential. Authorities from the Federal Electoral Institute (IFE), who referred the case to the special prosecutor for electoral offenses, have argued that García is being prosecuted for his illegal actions, and not for his journalism.
According to the penal code it is a crime to falsify a voter credential when the act is committed with malice, or “dolo”. The law states, “In order for the crime of falsification of documents to be punishable it is necessary … that the falsifier had the intention of achieving some advantage for himself, or for another, or cause damage to the society, the state, or a third party …” (Article 245: Para que el delito de falsificacion de documentos sea sanciable como tal, se necessita que … el falsario se proponga sacar algún provecho para sí o para otro, o causar perjuicio a la sociedad, al Estado o a un tercero …).
Because García’s intention was not to commit voter fraud, but rather to prevent it, CPJ does not believe he violated the law. In his reporting, García was able to demonstrate that despite the safeguards that have been instituted, it remains relatively easy to obtain a false voter credential. This information is of vital public importance because of the history of voter fraud in Mexico.
Recommended Action
Send appeals to the attorney general:
– stating that while journalists, like all citizens, must respect the law, there are several reasons to question the prosecution of García
– stating that García’s actions were not motivated by malice, but rather by the obligation to inform the public about possible deficiencies in the voter registration system
– noting that it is the responsibility of journalists to monitor all public authorities and probe for abuses, problems, or shortcomings
– stating that García was carrying out this function to the best of his ability and without criminal intent
– pointing out that according to the statute in question, there can be no crime without criminal intent
– calling on him to dismiss the charges against García
Appeals To
APPEALS TO:
Jorge Madrazo Cuéllar
Attorney General of Mexico
Mexico City
Mexico
Fax: +525 626 4430
Please copy appeals to the source if possible.
