The information that follows was provided by a lawyer at a case review office of the Federal Supreme Court of Mexico during a 24 January 1997 telephone interview.

The Federal Supreme Court of Mexico and its branches handle cases involving federal crimes. Although the Penal Code of Mexico recognizes participation in crimes of sedition, terrorism or organized violence as federal crimes, the Supreme Court cannot speculate on the consequences that will bear upon a specific case it has not heard. For any penalty to be sanctioned, a case must be formally brought before a court, heard to completion, and a sentence handed down.

The Supreme Court's case review office, which routinely receives the cases and decisions of federal courts nationwide, had reviewed so far only one case involving Zapatista (EZLN) members: a highly-publicized case of an alleged leader who was temporarily detained [see below for a published reference to the case]. The office has not reviewed any other case involving Zapatistas or their supporters. The source stated that the courts cannot comment on cases that have not been completed, so there is no way of knowing from publicly available sources whether someone somewhere is facing charges because of their involvement with the EZLN. A person could theoretically face anything from one minor to several major charges; it is up to the authorities looking into crimes to decide, based on the evidence and circumstances, what charges to press. It is not possible to predict with certainty what charges, if any, an authority will decide to press in a particular case.

The information that follows was provided by a secretary of political affairs at the Embassy of Mexico in Ottawa during a 24 January 1997 interview.

The Ejercito Zapatista de Liberacion Nacional (EZLN) is evolving into a legal political entity, the Frente Zapatista de Liberacion Nacional (FZLN), and the Mexican government does not regard it as a criminal or terrorist organization. Therefore, persons are not being prosecuted for carrying out activities in support of the EZLN that are not related to armed activities (as could be the transport or supply of weapons). The source noted that raising funds for the EZLN could present problems, as it would not be possible to determine whether the funds are being used to purchase weapons. However, pro-Zapatista propaganda is currently widespread in Mexico, mainstream media often carry it, and numerous highly-visible organizations and individuals speak in support of the Zapatistas without retribution.

The source noted that, unlike the EZLN, the smaller and more recent Ejercito Popular Revolucionario (EPR), due to its persistent use of violence, is regarded by the Mexican government as a criminal organization, and activities linked to it could result in prosecution.

The information that follows was provided during a 22 January 1997 telephone interview with the gubernatorial secretary of the state of Puebla.

Pro-Zapatista propaganda and support activities are commonplace and public throughout Puebla and nationwide. Pro-Zapatista messages are delivered in public media and posters are sold or distributed on the streets. The gubernatorial secretary's office does not know of any case of persons being prosecuted for non-violent Zapatista support in Puebla. However, the source noted that a person could face charges if non-violent acts of support, such as painting graffitti, resulted in damage to private or public property or some other indictable offence.

Published sources consulted by the DIRB report one case of an alleged high-ranking EZLN member being arrested in October 1995, although the group pressured the government to apply a previously agreed amnesty for its members and release him (NACLA Report on the Americas Jan.-Feb. 1996, 2). Two other persons accused of belonging to the EZLN, one of whom the Zapatistas claimed was only a courier, were convicted in 1996 on charges of conspiracy and rebellion (AFP 2 May 1996; Houston Chronicle 4 May 1996). However, nearly one month later and after pressure from the EZLN, the two convictions were overturned by an appeals judge and the persons were released (Reuters 10 June 1996; Latinamerica Press 13 June 1996, 6).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Agence France Presse (AFP). 2 May 1996. "Leader of Zapatista Rebels Sentenced to 13 Years." (NEXIS)

Embassy of the United States of Mexico, Ottawa. 24 January 1997. Personal interview with secretary of political affairs.

Federal Supreme Court of Mexico, Mexico City. 24 January 1997. Telephone interview with lawyer at a case review office.

Gubernatorial Secretariat of Puebla, Puebla. 22 January 1997. Telephone interview with gubernatorial secretary (secretario particular de la gobernacion).

Houston Chronicle. 4 May 1996. Trina Kleist. "Alleged Leader of Mexican Rebels Sentenced to 13 Years." (Mexico NewsPak [Austin], 22 Apr.-5 May 1996, Vol. 4, No. 7, p. 3)

Latinamerica Press [Lima]. 13 June 1996. Vol. 28, No. 22. "Mexico: Accused Zapatistas Released."

NACLA Report on the Americas [New York]. January-February 1996. Michael McCaughan. "Hurdles Remain in Mexican Peace Talks."