In conjunction with its investigation, the House Oversight and Government Reform Committee issued Attorney General Holder a subpoena on October 12, 2011, for documents regarding ‘Operation Fast and Furious’. On January 27, 2012, the Department of Justice produced documents providing information that the House of Oversight and Government Reform Committee believes is evidence of the involvement of senior officials of the Justice Department.

Then, on January 31, Chairman of the House Oversight and Government Reform Committee, Representative Darrell Issa (R-CA), addressed a letter to Holder in which he accused the attorney general of obstructing the investigation and deceiving the public. In the letter, Issa also refers to the situation as the “Fast and Furious cover-up”. The letter concludes threatening to hold Attorney General Holder in contempt of Congress due to the length of time that it took the Justice Department to produce documents following the subpoena last October, as well as a previous subpoena that was issued on March 31, 2011. In that instance, documents were not produced until June 10, 2011.

In his most recent testimony before the Committee, Holder stated that he is awaiting the conclusions of an internal investigation before he acts. For those found responsible, Holder continued, “I can assure you those people will be removed from federal service.”

According to Chairman Issa’s letter to Holder, the documents produced on January 27 demonstrate that Assistant Attorney General Lanny Breuer had knowledge of the operation. Issa cites one e-mail that states, “Breuer suggested allowing straw purchasers to cross into Mexico so SSP (Secretariat of Public Security) can arrest and PGR (Office of the General Prosecutor) can prosecute and convict. Such coordinated operations between the U.S. and Mexico may send a strong message to arms traffickers.” The letter mentions that this statement was made on February 4, 2011, the same day that Assistant Attorney General Ronald Weich denied that the Justice Department allowed guns to “walk.”

The following day, the Justice Department declared that Chairman Issa’s letter demonstrated a misunderstanding of the documents. In a five-page letter, signed by Deputy Attorney General James Cole, it is rejected that the documents show that Breuer supported illegal firearms transferring into the hands of Mexican cartels. It argues instead that in the scenario that Breuer suggests, those carrying illegal weapons into Mexico would be arrested at the border and charged in Mexico. This letter mentions that it is therefore not accurate to consider this advocacy for ‘gunwalking’.

As mentioned, in Issa’s letter to Holder, he threatened to hold the attorney general in contempt of Congress if the Department of Justice did not produce all documents related to the subpoena of October 12, 2011 by 5:00 p.m. on February 9, 2012. The Department of Justice has rejected this deadline arguing that it would be impossible based on the scope of the request.

Sources:

Issa, Darrell. Letter to Attorney General Eric H. Holder, Jr. Congress of the United States, House of Representatives, Committee on Oversight and Government Reform. January 31, 2012.

Serrano, Richard A. “Slain border agent’s family alleges lies over ATF gun program.” Los Angeles Times. February 1, 2012.

“‘Fast and Furious’ consequences coming, Holder says.” CNN. February 2, 2012.

The couple’s son had stopped in to pay his parents a visit and found them both laying on the floor with cable wires around their throats. According to Mexican and U.S. authorities, a full investigation is being pursued. Based on superficial analysis, the double homicide appears to be the result of a robbery as various items were found to be missing including a plasma television, a pair of a computer, the security cash box, and the couple’s vehicle. Mexican authorities did indicate that there did not appear to be any signs of forced entry into the house, and it is likely that the assailants were familiar with the Casias family. Neighbors have told authorities that it was common for the couple to be involved in various community programs and therefore it was not unlikely that the attackers may have been in their homes as part of the Casias’s community involvement and outreach. Some U.S. media sources believe, however, that the murder was drug related and, as such, Mexican authorities have promised to investigate all possibilities, including that of organized crime.

The Secretary General (Secretario General de Gobierno) of Mexico, Javier Treviño, and the U.S. Secretary of Commerce for Market Access Issues have met to discuss the double homicide, acknowledging the potential damage the double homicide may do to the Nuevo León-U.S. relationship.

Sources:

“Matrimonio de Misioneros Texanos Fue asesinado en México para Robarles.” Univision. February 1, 2012.

“Los Asesinos de dos Misioneros Estadounidenses en México Conocían a sus Víctimas.” European Press Agency. February 2, 2012.

Chantaka, Aracely. “Ofician Servicio para los Misioneros Asesinados en NL.” February 2, 2012.

Casas, David. “Hallan a Pareja de Misioneros Muerta en su Domicilio.” La Cronica de Hoy. February 3, 2012.

Director of National Intelligence James Clapper (center) appeared before the Senate Select Committee on Intelligence to discuss the Annual Worldwide Threat Assessment. Photo Credit: ABC News, Win McNamee, Getty Images

01/31/12- According to Reforma, in his testimony before the U.S. Senate Select Committee on Intelligence, Director of National Intelligence James Clapper praised efforts that the Mexican Government has taken against cartels, but criticized the delay of implementing legislative reforms at the federal and state levels.

Director Clapper appeared in front of the committee in order to present the “Annual Worldwide Threat Assessment,” in which the actions of President Felipe Calderón are explicitly applauded. The report states that, “During Calderón’s presidency, Mexican Federal Police and military operations have degraded several cartels, caused some to split into factions, and disrupted some of their criminal operations.” President Calderón’s administration is credited for having killed or captured five senior cartel leaders, as well as 23 of the 37 “most wanted” traffickers.

Director Clapper’s report acknowledges that 12,903 drug-related homicides were reported in October 2011, but also states that the majority of the deaths are believed to be the result of trafficker-on-trafficker violence. The assessment mentions that it is unlikely that the level of violence seen in Mexico might spill across the U.S. border because traffickers “are wary of more effective law enforcement in the United States”, and because of the inherent differences between U.S. and Mexican drug operations. The report praises Mexico’s committment to enacting reforms that strengthen the rule of law, but delineates that implementation is a slow process requiring legislative action at both the federal and state levels.

In addition to addressing Mexico, Clapper also highlighted global issues including threats posed by Iran, al-Qaeda, the Taliban, North Korea, cyber-terrorism, and water security.

Sources:

Clapper, James R. “Unclassified Statement for the Record on the Worldwide Threat Assessment of the U.S. Intelligence Community for the Senate Select Committee on Intelligence.” U.S. Intelligence Community. January 31, 2012.

Díaz Briseño, José. “Critica EU lentitud de reforma judicial.” Reforma. January 31, 2012.

“U.S. Intel Head James Clapper on Greatest Threats in 2012.” ABC News. January 31, 2012.

According to Reforma, one such execution was that of José Heriberto Rojas Lemus that occured in July 2008. Rojas Lemus, a 20 to 25 year-old male from Uruapan, Michoacán, was subjected to torture by electric shock in a military outpost in Ojinaga, and is believed to have died of consequent cardiac arrest. Officials and soldiers of the Third Independent Infantry Company (Tercera Compañía de Infantería No Encuadrada, CINE) allegedly incinerated the body hours later with 60 liters of diesel fuel.

In addition to abuses of this nature, General Moreno Aviña has been charged with accepting bribes from traffickers, obtaining information from ex-hitmen associated with the gang La Línea, permitting raids without judicial approval, planting weapons on detainees, and deciding which detained individuals would be referred to the Public Ministry (Ministerio Público), and which would disappear.

The case of General Manuel de Jesús Moreno Aviña is one of at least eight other cases in which there has been a request for clarification as to what type of court military personnel will be tried for crimes against civilians. According to the precedent set by the case of Radilla, a forced disappearance in 1974, the likelyhood is that the hearing will take place in a civilian court. This case also comes on the heels of the Federal Government speaking out against Human Rights Watch’s recent allegations of abuse by military officials. To read more, click here.

Sources:

Fuentes, Victor. “Ordenaba ejecuciones un General.” Reforma. January 30, 2012.

“General ordenaba ejecuciones en Ojinaga.” Puente Libre. January 30, 2012.

John Ralston Saul, President of PEN Club International (Photo Credit: Proceso).

01/30/12 – The Assistant Attorney General of International Affairs (Subprocurador Jurídico y de Asuntos Internacionales), Alejandro Ramos Flores, announced at a meeting with the organization PEN International that the Federal Government of Mexico will spare no expense to protect journalists and will not tolerate those who commit crimes against them.  PEN, which is currently headed by John Ralston Saul, is a writer-centered organization that fights against censorship for not just journalists, but all writers.  Ramos Flores, who was representing Attorney General Marisela Morales Ibáñez, emphasized the important role of the Attorney General’s Office (Procuraduría General de la República, PGR) in guaranteeing freedom of the press and speech throughout Mexico. He also discussed that Congress has started a movement to amend the Federal Penal Code by adding a section on crimes against journalists that will give the PGR rights over investigating such cases.

According to Proceso, in 2011 there were 17 reported homicide cases involving  individuals working in the media field, 13 of which involved actual journalists.  Based on a report compiled by the organization Artículo 19, 77 journalists have been violently murdered in Mexico since 2000.  While some bodies have been found, others have simply disappeared.  In recent years, at least 19 media headquarters have reportedly been under attack with firearms and explosives.

Sources:

Grupo Fórmula.  “Libertades de prensa e información garantizadas por el Estado: PGR.”  Grupo Fó mula.  January 30, 2012.

Mosso, Rubén.  “No limitará gastos gobierno federal en protección a periodistas: PGR.”  Milenio.  January 30, 2011.

Vértez de la Fuenta, Columba.  “PGR promete al PEN Club resolver crímenes de periodistas.”  Proceso.  January 30, 2012.

This decision is significant given a Constitutional reform in 2008 of paragraph B of article 123 that eliminated the principle that law enforcement agents have job security. The 2008 decision ultimately meant that any person considered to be public security could be removed from their position if they were not fulfilling their legal duties and requirements. As such, the January 25 case ruling has direct implications for firefighters’ job stability as the past three years they have been subject to the 2008 Constitutional reforms.

In the recent case, however, which was brought by a fireman from the State of Mexico (Edomex), it was argued that firefighters were only involved in law enforcement and crime prevention in supportive roles rather than primary roles and, furthermore, assisted only when their presence was requested. As such, firefighters should not be considered as law enforcement agents. In its decision, the Court stated that the relationship between the fire department and the state is substantially different than that of law enforcement. The former does not have an administrative relationship with the state where as law enforcement does, but rather a regular work relationship, and thus, the limitations contemplated in the Constitution do not apply to them.

Sources:

Bomberos no Realizan Funcionarios Policiales: SCJN.” Aztecas Noticias. January 25, 2012.

“Bomberos sin Injerencia en la Procuración de Justicia o Prevención del Delito: SCJN.” Grupo Formula. January 25, 2012.

Gonzalez, Luis. “Los Bomberos no son Policias, Establece al Corte.” El Universal. January 25, 2012.

Mosso, Ruben. “Bomberos si tienen Relación Laboral con el Estado: Corte.”  Milenio. January 25, 2012.

Two days after the publication of the “World Report,” the Mexican Federal Government reported that the Interior Ministry had sent a response to HRW regarding the accusations made in the November report highlighting the discrepancies in the publication. It was also pointed out that HRW neglected to include the Mexican government’s response to the November report when it discussed the current state of Mexican human rights in the “World Report.” In its defense, Segob reiterated that the Army (Secretaría de Defensa Nacional, Sedena) and Navy (Secretaría de Marína, Semar) both “put the security and the integrity of the people” above all else when fighting against narco trafficking groups. Additionally, as Grupo Fórmula reported, the Mexican government stressed the following points in its recent response to HRW: that the number of complaints registered with the National Commission on Human Rights (Comisión Nacional de Derechos Humanos, CNDH) does not reflect the actual number of human rights violations committed; that of the 6,065 complaints received against Sedena, only 98 (1.61%) of them were turned into recommendations, which have been adopted and consistently followed by Sedena; and that 17 out of the 800 (2.12%) complaints against Semar were adopted as recommendations. Thus, the government has tried to show the difference in the number of complaints of violations being filed versus the actual number of cases of human rights violations that have been proven.

At a recent press conference, the director of the Human Rights Watch’s Americas division, José Miguel Vivanco, challenged Segob’s response by asking them to prove their claim that the majority of the 47,000 deaths that have occurred as a result of narco trafficking violence in Mexico are a direct result of crime and violence between the cartels themselves.  Miguel Vivanco questioned how 90% of these crimes fall into this category when investigations are not properly conducted into these deaths. He added that he hopes the “next administration revises its security strategy” and is willing to “examine conducts and accept criticisms and suggestions” from international organizations.

Sources:

Associated Press.  “HRW: México debe investigar mejor 47.000 por drogas desde 2006.”  Univisión.  January 23, 2012.

“Texto. La Secretaría de Gobernación responde al informe presentado por HRW.” Grupo Fórmula. January 23, 2012.

E-Consulta.  “Desacredita gobierno informe de HRW sobre derechos humanos.”  E-Consulta.  January 24, 2012.

If found guilty of violating the law, one could face fines from 30 up to 20,000 days of minimum wage, which could easily reach over a million pesos. If the violator is a foreigner, the Mexican government would seek the help of international bodies.

Many have compared the Döring Law to the proposed SOPA legislation in the United States. While the law aims to differentiate between free downloads on the internet from those that are illegal, Döring states that it is not an attempt to replicate the SOPA law, nor are they similar. He emphasized that his proposed law would not censure anything or close webpages, and that he more so wants individuals to be aware of illegal activity.

Sources:

Mercado, Angélica. “Rechaza Döring que su iniciativa sea como SOPA.” Milenio. January 19, 2012.

“México podría tener su propia ley SOPA.” Proceso. January 19, 2012.

Mayorga, Juan Pablo. “La ‘Ley Doring’ permitiría rastrear direcciones de IP de infractores web.” CNNMéxico. January 20, 2012.

“Atacará IMPI a ciberpiratas.” Provincia. January 22, 2012.

Today’s ruling upheld the government seizure of a privately owned hospital, after a mother investigated the supposed death of her infant daughter, only to discover that the baby had, in fact, been sold to a trafficking ring by someone at the hospital. Although the decision affirmed the constitutionality of seizures without compensation to property owners, it faulted the original seizure judgment for failing to properly compensate the mother for the pain of one year’s separation from her baby. The Court held the reimbursement of her psychotherapy bills inadequate in this regard.

Today’s decision also affirmed that the Mexican constitution does not require a defendant’s criminal trial to finish before an asset seizure action can take place on property related to the crime, although hospital owners asserted otherwise. This is because the judicial processes of the criminal trial and asset seizure are two separate ones, one criminal and one civil. In the civil asset seizure proceeding, however, the government must prove that the property was somehow used for criminal purposes.

This case is the first of its kind to reach the national Supreme Court, although the Federal District’s government has succeeded in completing fifteen such criminal asset seizure proceedings under the new law since its inception. 105 more are pending. The case came to the Supreme Court at the Court’s own request, under its authority to assert jurisdiction (facultad de atracción).

In interviews with W Radio Mexico, Leticia Bonifaz, Legal Advisor to the Government of the Federal District, praised this law as an effective crime-fighting tool, because it “hits criminals where it hurts most, their financial resources.” Bonifaz assigned much credit for this case’s success to the mother of the stolen baby, who went to every possible length to push the case’s investigation and litigation forward.

Sources:

“Aprueban extinción de dominio por narcomenudeo en DF.” W Radio México. June 16, 2011.

“Declaran constitucional la Ley de Extinción de Dominio del DF.” El Sol de México. January 26, 2012.

“Leticia Bonifaz, Consejera Jurídica y de Servicios Legales del Distrito Federal. Ley de Extinción de Dominio es declarada constitucional.” W Radio México. January 26, 2012.

“Leticia Bonifaz. Declaran constitucional Ley Extinción de Dominio.” W Radio México. January 26, 2012.

According to the President of the Board of Directives (Mesa Directiva), Guadelupe Acosta Naranjo, spying has become a generalized practice in the region, despite its illegality, and as such the investigation is not being made into one particular office or another, but as a wide reaching investigation. The Chamber of Deputies has announced that it is likely that all deputies and members of parliament have been possibly spied upon and vulnerable in this case. Up until this point, evidence of spying has only been confirmed in the Board of Directives office and the Board of Political Coordination office (Junta Coordinación Política), but not yet proven in the Chamber.

According to El Universal, Acosta has stated in an official statement that “The Ecologist Green Party of Mexico (Partido Verde Ecologista de México, PVEM) is in favor of legality and respect for the personal and public life of members of the LXI Legislature. It reiterates its condemnation for not only political espionage, but all types of espionage of any person, companies or any institution, of which must be punished in all severity.” The federal penal code lists spying as a serious offence, giving between 6 to 12 years in prison and a 300 to 600 day salary fine for all guilty parties.

Sources:

“Abre PGR Indagatoria por Espionaje en San Lázaro.” El Proceso. January 24, 2012.

RCR. “PRG Indaga Caso de Espionaje en San Lázaro.” El Universal. January 24, 2012.

VAAS. “Apoya PVEM Denunica por Presunto Espionaje.” El Universal. January 24, 2012.