It is the first time that the Inter-American Commission on Human Rights has taken up a case concerning an extrajudicial killing by U.S. law enforcement
“We will not be discussing or debating the details of what happened in May 2010. It was clearly a tragic event and loss of life,” said Thomas Hastings, the State Department official who represents the U.S. in the Organization of American States. “You have our sympathies.”
Among the questions, U.S. officials were asked to clarify whether torture is legal in the United States, whether it believes all of its border officials actually follow all trainings in every moment while on the job, whether the civil settlement with the family waived their right to impartial criminal proceedings and whether what happened to Hernández Rojas was in line with use-of-force standards at the time.
“This is a landmark case because it reveals an excessive use of force and a lack of accountability, which has had a negative impact on Mexicans,” the statement said. He said that at around 9 p.m., a woman came into the office that received deportees to say a Latino man was being beaten. Barriga said he went out and could hear cries of the bystanders pleading with U.S. officials to stop hitting someone. He could also hear the man, who he learned later was Hernández Rojas, crying out in pain. The officials moved the man, and then suddenly Barriga could see for himself what was happening.
Barriga said he testified before a federal criminal grand jury convened about the case and that the prosecutor’s tone and questions made him feel like the lawyer wanted to bring his credibility into doubt. In 2015, the Department of Justiceto prosecute in the case, citing claims from CBP that Hernández Rojas was combative and a toxicology report during his autopsy that showed presence of methamphetamine.
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