By Brianne Yantz
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – For more than nine years, two indigenous women who were raped by soldiers in the southern state of Guerrero have been fighting for justice. Since Inés Fernández Ortega and Valentina Rosendo Cantú were raped in 2002, both women have been relentless in their pursuit, going so far as to challenge the Mexican authorities and its military.

Ortega and Cantú, both Me’phaa Indians, were raped in separate incidents, but together sought to punish those responsible.

Earlier this month, the decision was made to prosecute the soldiers charged with the rape of both Ortega and Cantú in civilian court, an act hailed by Amnesty International as a “significant step for those seeking justice for human rights violations committed by the military in Mexico.”

According to Fox News, in August of 2010, the Inter-American Court of Human Rights (IACHR) ruled that the cases by tried in a civilian court. In a press conference last month, Cantú expressed her desire to see the IACHR’s decision upheld.

Finally, on August 12, a year after the IACHR decision was handed down, the Mexico’s Military Prosecutor’s Office declared that the cases would be tried in civilian court as it lacked jurisdiction in cases involving accusations of human rights violations.

This ruling comes after months of increasing pressure on the Mexican government to investigate the growing reports of abuse by Mexican soldiers. The decision is not only a win for Ortega and Cantú, but for Mexico as a whole. Symbolically, it demonstrates greater civilian control over the armed forces.

According to Amnesty International, Vidulfo Rosales, a human rights lawyer at Tlachinollan Mountain Human Rights Center in Guerrero, stated, “for us, this is a significant advance, as civil society has constantly fought for these cases to be transferred into the civilian justice system.” However, Rosales expressed concerns, particularly that the decision was limited in its reach. “We’re worried that there’s a margin for impunity, for those responsible to be exonerated.”

Others concerned with the future of human rights in Mexico shared similar worries. The Robert F. Kennedy Center for Justice and Human Rights expressed its opinion that “the decision by the Mexican government to transfer the two cases to civilian federal jurisdiction is a positive development, but bringing the perpetrators to justice and ensuring that future cases follow this precedent is crucial.”

While the decision to transfer the cases to civilian court have been commended by Amnesty International and other human rights organizations, there is still a long road ahead to ensure justice is served for Ortega, Cantú, and the countless number of other victims of military-related human rights abuses across Mexico.

For more information, please see:

Amnesty International – Indigenous Women Win First Step in Fight Over Military Rape Case in Mexico, Says Amnesty International – August 17, 2011

Latin American Herald Tribune – Mexican Army Hands Over Rights Cases to Civilian Prosecutors – August 17, 2011

RFK Center – MEXICO: NINE YEARS LATER, CASES OF INDIGENOUS WOMEN RAPED AND TORTURED BY SOLDIERS ARE TRANSFERRED OUT OF MILITARY JURISDICTION – August 17, 2011

Fox News – Mexican women raped by soldiers demand justice – July 29, 2011