A charge of “defamation” was brought against Lydia Cacho in October 2005 by José Camel Nacif Borge, a textile businessman. Nacif is cited in Cacho’s book Los Demonios del Edén: el poder detrás de la pornografía (The Demons of Eden: the power behind pornography) as having connections with Jean Succar Kuri, then detained in the United States and accused of heading up a child pornography and prostitution network (he has since been extradited to Mexico to stand trial).

Although she lives in the state of Quintana Roo, the legal action against Cacho (43) was taken in the state of Puebla. A subpoena was allegedly sent to the author but she claims that it did not receive it. On December 16, 2005, Cacho was detained by Puebla state judicial officers in Cancún, Quintana Roo. The officers apparently arrested her in her office, bundled her into a vehicle at gunpoint and drove her to Puebla, a journey of approximately twenty hours. She was released from San Miguel State Prison the following day on bail of 106,000 pesos (US$9,900), pending trial. Cacho has questioned the legality of officials from Puebla making an arrest in Quintana Roo before steps had been taken to ensure that she was aware of the charges brought against her.

Nacif does not deny knowing Succar Kuri but claims that his reputation has suffered as a result of Cacho’s book making his relationship with him common knowledge. Succar Kuri has since publicly declared that Nacif has paid US$300,000 towards his legal costs.

Over the few months since the publication of the book, Cacho has received the protection of bodyguards provided by the General Procurator’s Office on account of the repeated death threats she has received. A lawyer she was employing also reportedly received death threats from the governor of Puebla, Mario Marín and dropped the case.

In February 2006, two investigative journalists revealed the contents of a tape recording of an apparent telephone conversation between José Camel Nacif Borge, Mario Marín, and the governor of Chiapas, Pablo Salazar Mendiguchía, in which the businessman thanks the governors for their role in having Lydia Cacho arrested. Nacif is also apparently heard voicing the desire that Cacho might be sexually abused whilst in detention. On February 21, the Chamber of Deputies asked the Supreme Court to investigate the matter. The case is apparently only the third in Mexican history in which the Supreme Court has investigated state violence against a member of the general public.

In the meantime, Lydia Cacho is in the invidious position of facing mounting legal costs and a possible four-year sentence if convicted of telling the truth. Judgment is expected on her case in early 2007.

Defamation laws in Mexico

Absurdly, under Mexican law, a person can be found guilty of “defamation” even if they can prove that what they have written is true. However, this year, a federal law was passed decriminalising “defamation.” Although this has come into effect in the Federal District of Mexico City, the bill has yet to be approved by congresses in the other 32 states. Indeed, in 2004, the state of Chiapas actually raised penalties for “defamation” and “libel” from between two and five years to between three and nine years.

Sample Appeal

[Date]
Lic. Vicente Fox Quesada
Presidente de los Estados Unidos Mexicanos,
Palacio Nacional Patio de Honor
Col. Centro
06067, Distrito Federal
México
Fax : +52 55 5277 2376
E-mail: vicente.fox.quesada@presidencia.gob.mx

Dear President Fox,

I am writing to express my concern over the arrest and ongoing charges against author, journalist, and social activist Lydia Cacho Ribeiro. I understand that Ms. Cacho is being charged with “defamation” and “calumny” for her book, Los Demonios del Edén: el poder detrás de la pornografía infantil, a book that turns a critical eye on the illegal industry of child pornography and prostitution. If convicted, Ms. Cacho faces a four-year prison sentence.

I am deeply concerned that Lydia Cacho can be found guilty of “defamation” even if she can prove that what she has written is true. I feel strongly that custodial sentences for defamation are completely inappropriate and therefore ask that all charges against Ms. Cacho be dropped. 

Thank you for your attention to this matter.

Sincerely,
[Your name and signature]

Cc: H.E. Carlos de Icaza
Embassy of Mexico to the United States
1911 Pennsylvania Avenue, NW, Washington, DC 20006
Fax: (202) 728 - 1698

Internal Affairs Minister Carlos María Abascal Carranza
Secretario de Gobernación, Bucareli No. 99
Col. Juárez
Delegación Cuahtémoc
06600 Distrito Federal, México

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