WINNERS X-RAYS - 7º FICM
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Roberto Hernández
Age: 36
Birthplace: Mexico City
Film: Presumed Guilty
Award: Best Mexican Documentary
By: Clara Sánchez
Translated by: Carlos Garza
About Presumed Guilty:
The title: It's pertinent to clarify: we are all innocent until proven guilty.
The Challenge: Telling a story which would move the audience. In the end we were so bogged down with facts, figures, and details that we reached a point where we thought we wouldn't be able to tell the story anymore, and that's when we turned to co-director Geoffrey Smith who helped give it shape.
Motivation to tell this story: The Mexican judicial system is completely broken: the vast majority of people are accused without evidence, 92% of those behind bars were arrested without a warrant, are sentenced without a judge present, and 95% are convicted with no evidence. Legal procedures in Mexico don't protect the liberty of citizens and this is very dangerous. We believe the system has to change because it is the same system that produces our police, detectives, and judges.
Experience in Morelia: We thought it was very important to premiere the film in Morelia because in this state (Michoacán) a man (José MarÃa Morelos) was born who was responsible for the first Mexican Constitution in Apatzingán. He wrote of the importance of freedom, security, and justice, that everyone had the right to be heard, and that we are all innocent until proven guilty.
Audience reaction in Morelia: People were very grateful for the film, and they were surprised to see Toño (Antonio Zúñiga) in the theater. They really encouraged us to continue with the cause.
What's next for the film: In November it will screen at the Sheffield Film Festival.
In short:
What does it mean to have won this prize?
It's very exciting, it will really help us to continue with the struggle. It's not about an isolated, particular cause, what we're hoping is to change the entire system.
Presumed Guilty has become something of a movement. How will you continue it?

There are many people who want to join the cause. We have a website www.presuntoculpable.org many people are already subscribing to (Layda Negrete, Producer). We have to realize that the justice system has to change in Mexico. Last year there was a constitutional reform movement which sought to impliment oral trials for the first time in Mexico. This was a reform understood at a political level but never shared with the public. It's a very important reform which has been forgotten because political priorities are focused elsewhere. Political priorities should return to the needs of all citizens. We should be concerned with justice and freedom for everyone.
Do you think oral trials are a solution in spite of the corruption which exists in Mexico?
The implementation of oral trials and the presence of cameras doesn't make the trials infallible per se, but it does contribute to the transparency of justice and helps citizens to become involved and critical of the process. Oral trials are already being implimented in Nuevo León and Chihuahua. Why do we continue using paper if we have cameras? I think a lot of people didn't even know how trials are conducted in Mexico before watching this film: the judges force witnesses to dictate their testimony.
What's next after Morelia?
Bringing the film to theaters, making sure people and the accused themselves have access to it at schools, courts, and prisons; convincing everyone to join this cause which might take us ten years but which we feel we all deserve in Mexico: to live without fear . We will soon have a huge campaign on Twitter and Facebook. We believe film has an immense power to help us reach our goals.
What's next for Antonio Zúñiga?
I haven't thought about it but I want to keep supporting this. I want to earn a place for myself, even if it's just washing floors. I don't want anything handed to me, I want to earn it (Antonio Zúñiga).
To find out more go to Presumed Guilty.


























