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.

On the January 17, another decapitated head belonging to Harvey Medellin was found beneath the famed Hollywood sign in California. Hands and feet were also discovered, but Medellin’s body has yet to be found. An investigation is currently being conducted and authorities are reluctant to provide information to the media, fearing it would hinder the investigation. A friend of Medellin has gone on record stating that he was a former employee of the Mexicana Airlines implicating close ties to Mexico although his nationality has not been revealed.

Although both bodies were found in the same month, authorities do not believe the two cases are related.

Spillover violence, although not as prevalent as many believe, is not unique or isolated. Many concerns of spillover violence were also raised in the death of an Arizonan rancher in May 2010.

Sources:

Cruz, Veronica M. “Decapitated Body found west of Tucson.” Arizona Daily Star. January 6, 2012.

“Agentes Policiacos Localizan a Decapitado en Arizona.”Periodico Expreso. January 8, 2012.

Rogers, John. “Human Body Parts Near Hollywood Sign Identified; Name Released (UPDATED).” Huffington Post. January 20, 2012.

LM/AN. Víctima de Misterioso Crimen en Hollywood Trabajaba en Aerolínea Mexicana. January 21, 2012.

This shift away from more militarized support to institutional support is not surprising, however, as both aspects are highlighted as main pillars in the Mérida Initiative. According to the State Department, “The Mérida Initiative is an unprecedented partnership between the United States and Mexico to fight organized crime and associated violence while furthering respect for human rights and the rule of law. Based on principles of shared responsibility, mutual trust, and respect for sovereign independence, the two countries’ efforts have built confidence that is transforming the bilateral relationship.” Ultimately, the main goal is to provide monetary and non-monetary support to help the institutions develop and become better prepared to deal with the issues surrounding the trafficking of drugs.

On December 6, according to La Prensa Latina, Mexico started reviewing “the Mérida Initiative on the occasion of the visit through by Undersecretary of State for Political Affairs Wendy Sherman.” Sherman is scheduled to meet tomorrow, December 9, in Mexico with a number of government officials and civil society leaders to not only present the fourth black hawk helicopter to be used in the fight against narco-trafficking, but also to discuss the status of the initiative. As of now, $700 million has been distributed in the form of equipment and capacitation training. The State Department recently announced its commitment to distribute $200 million more by the end of 2011, bringing the total to $900 million of the $1.6 billion initially agreed upon. Additionally, for every $1 that the U.S. provides in support to Mexico, Mexico spends $13 in the fight against drug wars, which the State Department pointed to as part of the ‘shared responsibility’ and cooperative efforts between the two countries.

While the State Department and the Calderón administration have been supportive of the Mérida Initiative, others have spoken out, calling it “ineffective.” As La Prensa Latina notes, some critics point to the fact that little can be done to address drug trafficking in Mexico until the United States addresses its drug consumption rates, which are the highest in the world. Additionally, other skeptics, particularly members of Calderón’s political opposition and human rights activists, have criticized the militarized strategy that Calderón continues to employ, which they point to being inextricably tied to the Mérida Initiative, despite the escalating violence in Mexico.

Sources:

“US-Latin America relations defined by drug war.” M&C. November 23, 2011.

“EE.UU. dice que antes de 2012 habrá dado 900 millones de dólares a la Iniciativa Mérida.” Agencia EFE. December 2, 2011.

“Por cada dólar de EU, México pone 13 en lucha anti narco.” El Universal. December 2, 2011.

“EU otorgó $900 millones a Iniciativa Mérida en 2011.” Univision Noticias. December 3, 2011.

“Evaluarán en México acuerdos de la Iniciativa Mérida de EE.UU.” Prensa Latina. December 6, 2011.

Amparo is an injunction unique to Latin America and primarily Mexico; it protects individual’s rights from inappropriate acts or failure to act by authorities. It is relevant in Mexico during the implementation of new legal reforms. Critics from Wallace’s group have stated that the Federal District’s Human Rights Commission, headed by Luis González Plasencia, is not defending the victims of a crime but only the defendant, thus failing to administer justice.

While interviewed by Adela Micha for Multimedia Image Group, Wallace stated that her organization filed an amparo to prevent the defendant from being declared innocent and warned that if the court did find del Campo innocent, Wallace would appear before the Supreme Court of Justice. Del Campo affirms that his 1992 confession of killing his sister and brother-in-law was extracted under police torture. Despite the defendant’s claims of police coerced confession, the court recognizes 68 other pieces of evidence pointing to his guilt, including firsthand witness identification. The appeals court judge called the confession “the only relevant piece of evidence” against del Campo.

An investigative piece by the Washington Post Foreign Service received a Pulitzer prize for reporting on del Campo’s case and the appeals process. According to the article, a major factor that contributed to del Campo’s conviction was that “in Mexico, confessions obtained by torture are often still considered as evidence, despite the laws that say confessions obtained by torture are inadmissible”. CDHDF became involved with the case when de Campo alleged that his confession was extracted through police torture including suffocation with a plastic bag and issued amicus curiae to the Seventh Circuit of the Federal Superior Court of Justice, petitioning for the release of del Campo. The amparo is important to this case because it could be reviewed by the Inter-American Court of Human Rights.

In a media whirlwind following the controversial amparo, CDHDF President González Plasencia answered questions from different reporters and government officials about the meaning behind his commission’s defense of the case. First Inspector General Mario Patrón Sánchez and Isabel Miranda de Wallace demanded to know why the Human Rights Commission had not contacted any of the family of the murder victims or interviewed the children who were witnesses to the crime.Patrón Sánchez argued that since the Mexican constitution holds the initial confession as invalid anyway, that the CDHDF is arbitrarily becoming involved with the judiciary, especially in a case that has been previously decided and has several cases similar on the docket, when they should be protecting victims of human rights abuses. Additionally, Patrón argued that the Istanbul Protocol, which lays out the standard for documentation of torture, was not followed since the investigation was performed three years after the crime, therefore torture cannot be proven and the case should not be supported by the DF Human Rights Commission.

Plasencia responded that the criminal justice system has deficiencies and that the Human Rights Commission has to protect all victims who have suffered abuse of power, thus allowing them to become involved with the del Campo case. Plasencia also argued that his organization and Isabel Miranda de Wallace are on the same side and asked for the media to stop the speculative reporting. “It is naturally in my interest to explain what the meaning of our intervention is, because it is not permissible to say ‘we are defending a criminal’ because our work also contributes to the defense of the victims… We are giving a chronology of events for you to realize how things went in a timeline and… providing a list of procedural violations committed,” said Plasencia.

Regardless of the outcome of the del Campo case, the amparo is a bold citizen’s attempt to create transparency in the evolving Mexican judicial system and bring access to justice for victims of crimes to the forefront of the criminal justice sector.

Sources:

Sullivan, Kevin.“Torture, A Ghost in Mexico’s Closet.” Washington Post Foreign Service. June 2, 2002.

Méndez, Alfredo. “SOS y Alto al Secuestro tramitan amparo contra TSJDF y CDHDF.” La Jornada. October 24, 2011.

“Sesión de preguntas y respuestas de la Rueda de Prensa por el caso Alfonso Martín del Campo Dodd.
Transcripción 84/2011.” Comisión de Derechos Humanos del Distrito Federal. October 25, 2011.

“Wallace insiste que Alfonso Martín del Campo Dodd es culpable.” Excelsior. October 25, 2011.

The Veracruz operation was announced on October 4, 2011, with the main goal to ensure that current police and authorities are qualified for the positions they hold and additionally to recruit new members for said positions. According to CNN México, before the operation, Veracruz “had a total of 21,035 policemen, of which only 10% had been evaluated.” In addition to the evaluation, cleansing, and training of new policemen, the operation also calls for more vigilance security in roads and airports.

The purpose of the operation in Guerrero, which was announced on October 6, is to protect students, teachers, and citizens from the violence caused by drug trafficking and drug cartels. Because of increased violence in Guerrero recently, particularly threats made toward school teachers, educators in Acapulco, Guerrero went on strike in August to demand a safer work environment for both themselves and for the students at their schools. As a result of the strike, the government of Mexico agreed to increase the security in areas surrounding schools, while the teachers agreed to return to their normal activities. In addition to protecting school teachers and students, the Guerrero operation is also focused on combatting crime and boosting public relations among police and citizens.

Thus far, the operation in Veracruz has resulted in a 73% reduction in homicides, while in Guerrero, there has been a 53% decrease in homicides. Although the crime and homicide rates have decreased in Veracruz, according to El Economista, there have been researchers who have noted that the operation in Veracruz has not had an impact on disrupting the Zetas Cartel structural organization and therefore predict that violence will only increase in the near future as cartels respond to the increased military security in their turf.

Although some doubt the effectiveness of these operations, Secretary of Interior (Secretaría de Gobernación, Segob) Blake Mora is optimistic that President Calderón’s administration will help permanently reduce violence with operations like these. As reported in CNN México, similar operations have taken place in Chihuahua, Coahuila, Michoacán, Nuevo León, Sinaloa, and Tamaulipas since President Calderón assumed office in 2006.

Sources:

“Gobierno federal enviara más militares a Veracruz, Guerrero y Coahuila.” Sin Embargo. September 28, 2011

“Fortalecer a policías locales, la clave en el nuevo operativo en Veracruz.” CNN México. October 4, 2011.

“El gobierno federal aumentará la seguridad en las escuelas de Guerrero.” CNN México. October 6, 2011.

“Los operativos en Veracruz, Guerrero y Tamaulipas dan resultados: gobierno.” CNN México. October 19, 2011.

“Operativos conjuntos: invasión federal disfrazada.” Proceso. October 22, 2011.

“Infiltra EU informantes en organizaciones criminales en México.” E-Consulta. October 25, 2011.

“Prevén más Zetas y más violencia en NL y Veracruz.” El Universal. October 26, 2011.

Several different drugs gangs operate in Coahuila state, including the Zetas and Gulf cartels, which have been warring for control of smuggling routes into the U.S., a long used supplementary income for cartels who engage in a variety of illicit activities and economies. Due to their presence and previous actions recently, some reports have connected the safe house to the Zeta Cartel, although nothing has been confirmed. The rescue recalls the 2010 massacre of 72 foreign migrants in the northern state of Tamaulipas after they apparently refused to work for the cartel. The Zetas were also blamed for the murder of more than 100 people whose bodies were found in mass graves in Tamaulipas after apparently being kidnapped from buses. Military authorities did not confirm which cartel allegedly kidnapped the men in Coahuila, but the Zetas are believed to be in control of Coahuila. The Los Angeles Times reported last week on the capture of Zeta higher-up “La Rana,” in Saltillo, Coahuila’s capital city, after an intense shootout. The Zetas are also held accountable for the August torching of the Casino Royale in Monterrey, where 52 people died.

The Attorney General’s Office (Procuraduría General de la República, PGR) opened an investigation against the three arrested for human trafficking. President Calderón spoke on the recovery yesterday, stating that immigrants are often forced to move underground in their trek, making them more vulnerable to risk. Calderón stated that in recent years Mexico has adopted legal amendments to protect the human rights of people regardless of their immigration status. The Calderón administration also purported their work in corruption sweeps of immigration officials. In October 2010, the government discharged more than 200 immigration officials throughout the country during a corruption sting. On Friday, prior to the recovery of the safe house, the government announced the layoffs of 121 immigration agents assigned to delegations from seven states.

Sources:

“Lomas de Sotelo, D.F., a 16 de octubre de 2011.” SECRETARÍA DE LA DEFENSA NACIONAL, MÉXICO. October 16, 2011.

“Mexico army frees 61 kidnap victims in Coahuila.” BBC News. October 16, 2011.

 “Soldiers free 61 men held captive in Mexico.” Los Angeles Times. October 17, 2011.

“Calderón corrige al Ejército-Los 61 rescatados en Piedras Negras son inmigrantes” El Diario de Yucatán. October 18, 2011.

The incident comes on the heels of recent violence in Acapulco, where just a day before the September 27 finding, five charred and decapitated bodies were discovered in a truck close to Garita, although their sex has yet to be identified because the burns were so severe. It is still unclear if the bodies and the heads belong to the same victims. Additional violence erupted in Acapulco, also on September 26, when 13 people were killed and four injured in various incidents throughout the city, reported Excélsior.

After the discovery of the five heads, municipal, state, and federal police were called into the area for heightened security, with the timing coinciding with mass protests in Acapulco as local teachers have been striking for more secure schools and work environments. Click here for more information on the teacher’s strike. In response to the increase in violence in general, Guerrero Attorney General (Procurador de Justicia de Guerrero) Alberto López Rosas stated that the violence will only continue as criminal organizations continue “re-acclimating and regrouping after recent detentions and arrests” of gang and cartel members by authorities in the area. He added, “We are going to fully prepare ourselves to confront this new wave of violence; there will not be a break and we are going to work to successfully calm the cities.”

Sources:

Trujillo, Javier. “Encuentran cinco cabezas cercenadas en Acapulco.” Milenio. September 27, 2011.

Aguilar, Rolando. “Sube la presión en Acapulco; dejan 5 cabezas frente a primaria.” Excélsior. September 28, 2011.

“Mexican police find 5 severed heads.” UPI. September 28, 2011.

Photo Credit: BBC News.

An unnamed supervising editor of Primera Hora said the killing was not related to Macias’ job at the paper, which, in the face of intimidation and threats by drug gangs, had stopped reporting on drug violence two years ago. With local newspapers being threatened for reporting on crime, many Mexicans have turned to social media and online forums like “Nuevo Laredo en Vivo” to report cartel activity. These sites include contact information for anonymous tips to the police and military and for Laredo residents to warn each other about drug cartel shootouts and roadblocks. It is believed that Macias’s murder was a retaliation for her postings on an anti-crime website, “Nuevo Laredo en Vivo.” Her murder has created fear that citizens can still be safe in the violent border city of Nuevo Laredo. The message found next to Macias’ decapitated body referred to the nickname she purportedly used on the site, “La Nena de Laredo,” or “Laredo Girl.”

Macias’s body was found on a Christopher Columbus monument, the legs and trunk were thrown on the lawn, and the head in a pot, which also held a computer keyboard, mouse, cables, headphones and speakers, and the following message: “Nuevo Laredo en Vivo and social networking sites, I’m The Laredo Girl, and I’m here because of my reports, and yours,” the message read. “For those who don’t want to believe, this happened to me because of my actions, for trusting the army and the navy. Thank you for your attention, respectfully, Laredo Girl…ZZZZ.” The letter “Z” refers to the Zetas cartel, whose notoriously known for its brutal beheading trademark. Tamaulipas has been at the center of a bloody turf war between the Zetas Cartel and their rivals, the Gulf cartel. Nuevo Laredo has faced violence for the last two years by the violent Zetas drug cartel. The gruesome killing is the third this month in which Nuevo Laredo citizens were killed by a drug cartel for Internet activity. On September 14, a man and a woman were found hanging from an overpass in Nuevo Laredo with a similar message threatening, “this is what will happen” to internet reporters. They were the first retaliation for reporting on social networking activities of organized crime in the city.

Despite Macias’s death, Nuevo Laredo en Vivo community members have kept posting and reporting criminal activity, and have said that they will continue reporting. In response to the murder, a number of journalist and human rights groups have given statements channeling disdain for current policy, which does not treat journalist’s executions as a federal crime, and criticizing the Calderón administration for its lack of support of citizen’s right to freedom of expression without intimidation in both traditional newspapers that self-censor and online forums.”As Mexican citizens, including journalists and media, are increasingly turning to new technology in the face of rampant censorship, drug cartels are using violence to control information on the Internet,” Carlos Lauria, the Americas senior program coordinator for the New York-based Committee to Protect Journalists, wrote in a statement, “The stability of Mexico’s democracy will ultimately depend on the restoration of the media’s ability to report the news without fear of reprisal.”

Amnesty International Mexico has reported that since eight journalists have been killed in 2011 alone, there is a severe vulnerability of the people and that the government must take action against cartel strategies to intimidate social network users. Macias is the fourth woman journalist to be killed this year in Mexico, Reporters Without Borders said in a statement. “There seems to be no way out of this horror,” it said. ‘The country is immersed in an all-out war…just writing the word ‘narcos’ or ‘trafficking’ can cost you your life. What will be left of freedom of information while the barbarity continues?”

The Inter-American Press Association (La Sociedad Interamericana de Prensa, SIP) said Monday that the government of President Calderón has no political will to end the violence faced by journalists in the country, to administer justice, and to ensure press freedom. “The lack of action and guarantees has created a clear culture of self-censorship that is eating away at journalism and the public’s right to be informed.” The president of SIP called out President Calderón’s inaction, citing a 2010 meeting with SIP in which the Calderón promised to redouble efforts to ensure the safety of journalists and promote reform.

The National Human Rights Commission (Comisión Nacional de Derechos Humanos, CNDH) of Mexico reported that ten journalists had been killed in the country following the murders of two female journalists on August 31, meaning Macias is the eleventh killed this year in Mexico. CNDH also reports that at least 74 have been killed in total since 2000.

Sources:

Gonzales, E. “Asesinan a periodista en México que denunciaba crímenes en redes sociales.”Gobierno Bolivariano de Venezuela. September 25, 2011.

“Mexican newspaper editor Maria Macias found decapitated.” BBC News. September 25, 2011.

“México: Amnistía Internacional condena asesinato de periodista en Nuevo Laredo.” Amnistía Internacional México. September 26, 2011.

“Newspaper, bloggers stunned by killing in Mexico.” CBS News. September 26, 2011.

“SIP critica a gobierno de México por crímenes a periodistas.” Univision.  September 26, 2011.

“Mexican editor’s death linked to work with social media.” CNN. September 27, 2011.

For those arrested under the new code, trials will be held following the model of the new accusatorial penal system where oral trials, public hearings, and video recording will all be utilized. In addition, during a trial no evidence obtained through violation of human rights will be admitted. According to El Seminario, another stipulation that Calderón emphasized was that judges are not to present suspects as being guilty of their charges, rather to adhere to the principle of “innocent until proven guilty.”

Calderón stated that this new system “is a way for the state to respond to the demands of the people for an expedited justice system, provided by respectable legal institutions with competent personnel, and with transparency.”

Sources:

“Presenta Calderón nuevo Código Penal.” El Semanario. September 22, 2011.

Roberto Garduño y Enrique Méndez.  ”Severa iniciativa de Calderón de reformas a proceso penal.” La Jornada. September 22, 2011.

“Busca FCH fortalecer a policias.” El Diario de Mexico. September 23, 2011.