Homicides and Disappearances Reach New Levels in 2019

A relative holds a photo of her missing loved one during a protest in front of the National Palace in Mexico City, Mexico, Friday, Aug. 30, 2019. Demonstrators presented a petition with 102 thousand signatures to demand that the disappeared be found and identified. Photo and Caption: The Associated Press, Marco Ugarte.

01/14/20 (written by kheinle) – The last year of the decade was one of Mexico’s most violent years on record. Homicides and disappearances played critical roles in driving up the numbers.

Homicides

When looking at homicides, several of the year’s top headlines and prominent stories emerge. Perhaps most important, more homicides occurred in Mexico in 2019 than in any other year in the country’s modern history. Additionally, Mexican journalists were particularly at risk, as they were more than three times as likely to be killed than journalists in any nation worldwide. The country also grappled with several high profile displays of violence, particularly in the second half of the year. This included when 27 individuals were burned to death at a strip club in Veracruz in August, as well as the catch and release of Ovidio Guzmán in October that left at least 13 people dead in Culiacán. The murder of nine dual U.S.-Mexican Mormon citizens in Sonora in November caught international headlines, and the year came to a close with more homicides (127 dead) registered on one day in December than any other day throughout 2019. 

Disappearances

At the beginning of the new year, violence in the news then turned to the topic of Mexico’s staggering number of disappeared persons. On January 6, Mexico’s Undersecretary of Human Rights, Alejandro Encinas Rodríguez, announced at a conference that 9,164 individuals were disappeared in 2019, according to data from the Ministry of the Interior (Secretaría de Gobernación, SEGOB). Including the 2019 data, 147,033 persons have thus been disappeared since 1964, said Karla Quintana, the director of Mexico’s National Search Commission (Comisión Nacional de Búsqueda de Personas). Of these, more than half (58%) have been found, meaning the remaining 42% of persons (61,637 individuals) are still missing. This is significantly higher than the estimated 40,000 disappeared persons that the government reported in early 2018 leading many to question the underreporting in previous years.

Alejandro Encinas Rodríguez, Mexico’s Undersecretary of Human Rights, presents on disappearances at a conference on January 6, 2020. Photo: Reforma.

Demographics of the Disappeared

Many of these cases of missing persons are linked to organized crime and drug cartel violence. In fact, 97% of all those registered since 1964 came after 2006 when then-President Felipe Calderón (2006-2012) launched his aggressive campaign against drug trafficking and organized crime. There are thus are several commonalities among the victims.

First, just over half (53%) of the 61,637 victims were between the ages of 15 and 34 years old when they were disappeared, reported Quintana. Over 13% were in their early twenties (20-24), another 13% in the late twenties (25-29), and 11.7% early thirties (30-34). Second, almost three-quarters are men. However, when considering all 147,033 persons documented since 1964, women between the ages of 10 and 24 actually have the highest rate of disappearance. Third, there are also geographical tendencies among the disappeared, as they have mostly been registered in just ten specific states (in descending order): Tamaulipas, Jalisco, State of Mexico (Estado de México, Edomex), Chihuahua, Nuevo León, Sinaloa, Coahuila, Puebla, Guerrero, and Veracrúz.

Head of Mexico’s National Search Commission, Karla Quintana. Photo: El Economista

Mass Graves

Not only did the number of disappearances increase in 2019, but so, too, did the discovery of mass graves containing many of said missing persons. Mexico’s National Search Commission located 873 clandestine graves housing 1,124 bodies since it began its focused search in late 2018. As the Associated Press reports, Tamaulipas has often been home to such graves, although that has come to include Jalisco with the Commission’s new findings. In fact, a discovery was made outside Guadalajara, Jalisco in early January of 26 plastic bags containing miscellaneous body parts. In addition, the states of Sinaloa, Veracruz, and Colima collectively accounted for nearly a third of all 1,124 bodies located by the Commission since its launch.

“These are data of horror,” lamented National Search Commission Director Quintana. She continued, “there are many painful stories from families both in Mexico and of migrants,” alluding to the serious dangers migrants face as they become easy targets while they make the journey north to the United States.

National Search Commission Efforts

Quintana’s Commission will continue to focus efforts and resources on unearthing mass graves and burial pits in 2020. In addition, the Commission also released a one-stop website in November 2019 to streamline reporting of a missing loved one. Mexico’s Ministry of the Interior developed the portal with the Commission as a means for family and friends to submit information if someone goes missing.

Sources:

“Homicide rates on pace for record-breaking year.” Justice in Mexico. August 8, 2019.

Linthicum, Kate. “Extreme acts of violence in Mexico are on the rise: 27 burned to death at a strip club.” Los Angeles Times. August 28, 2019.

“The Capture and Release of Ovidio Guzmán in Culiacán, Sinaloa.” Justice in Mexico. November 5, 2019.

Franco, Marina E. “Ante la crisis por desaparecidos, México presenta un portal para reportar nuevos casos.” Telemúndo. November 8, 2019.

Secretaría de Seguridad Pública. “Víctimas reportadas por delito de homicidio.” Gobierno de México. December 1, 2019.

“Mexico homicide record: 127 deaths reported in a single day.” Al Jazeera. December 3, 2019.

“Municipal police chief arrested over Mexican Mormon massacre.” Reuters. December 27, 2019.

Franco, Marina E. “Son datos del horror’: México revela que hay más de 60,000 desaparecidos en el país.” Telemúndo. January 6, 2020.

González, Isabella. “Registran 9 mil desapariciones en 2019.” Reforma. January 6, 2020.

“Mexican missing persons search effort finds 873 burial pits.” The Associated Press. January 12, 2020.

Villegas, Paulina. “A New Toll in Mexico’s Drug War: More than 61,000 Vanished.” The New York Times. January 6, 2020.

Ordaz Díaz, Arturo. “Jóvenes mexicanos, los que más han desaparecido en 6 décadas.” Forbes. January 7, 2020.

“26 bags of body parts found in western Mexico ravine.” The Associated Press. January 9, 2020.

Website. Portal de Desaparecidos. Secretaría de Gobernación, Comisión Nacional de Búsquedas de Personas. Last accessed January 12, 2020.

Mexico’s New Criminal Justice System Garners Mixed Reactions in 2019

There were 127 homicides reported on December 1, 2019 in Mexico, the deadliest day of the year. Source: Gobierno de México.

01/12/20 (written by kheinle) – Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) continues to garner mixed reactions from the public, government officials, judicial system operators, academics, and beyond, almost four years after it was implemented. In 2019, support and critiques were leveled throughout the year, some coming from higher-profile figures, as discussed below.

Background on the NSJP

Former President Enrique Peña Nieto (2012-2018) rang in the system’s official launch on June 18, 2016, in Mexico City. This ended the judicial system’s eight-year implementation period stretching from 2008 to 2016 that was inaugurated by former President Felipe Calderón (2006-2012). Read more about the NSJP in Justice in Mexico’s special report, “Criminal Procedure Reform in Mexico, 2008-2016.”

The life of the NSJP has spanned multiple presidents’ sexenios. It has been more than 11 years since the launch of its implementation in 2008, and three and a half years since the end of the implementation period in 2016. Unprecedented amounts of resources (financial, capacity building, academic, infrastructure, etc.) have been poured into the NSJP’s development and significant progress has been made. States continue to implement and fine tune the NSJP despite the setbacks and challenges each face in doing so. As Mexico faces its deadliest year on record, and most recently its deadliest day of 2019, it is critical that the federal, state, and local governments continue to strengthen its adversarial criminal justice system.

Critics of the NSJP

Alejandro Martí

México SOS Director Alejandro Martí speaks at a conference. Photo: La Otra Opinión.
México SOS Director Alejandro Martí speaks at a conference. Photo: La Otra Opinión.

Human rights activist Alejandro Martí, head of the organization México SOS, has been a critic of the overhauled justice system, arguing that it plays a role in perpetuating impunity in Mexico. “The fundamental problem of the [NSJP] is the corruption,” he said in June 2019. “And corruption produces this terrible impunity, which I have said for years. Impunity is a result of all the wrongs of Mexico.” A recent study by México Evalúa found that more than 90% of crimes committed in 31 of Mexico’s 32 states and federal entities were left unresolved. In seven states, impunity rates top 99%.

Martí also called out elected officials – particularly governors – and the police for the pervasiveness of corruption within their systems. He reminded the media with which he spoke that “half of the group of kidnappers who killed my son were police,” referencing his son’s murder in 2008 that led him to become an activist. Martí leveled his criticisms during a press conference that was promoting Mexico’s 8th National Forum on Security and Justice (“8° Foro Nacional de Seguridad y Justicia”) held June 7-8.

Elected Officials

Mexico City Mayor Claudia Sheinbaum speaking at her swearing in ceremony in December 2018. Photo: STR/AFP.

Former Mayor of Mexico City (Ciudad de México, CDMX) Miguel Ángel Mancera also voiced his concern that the New Criminal Justice System is responsible for higher levels of insecurity in the nation’s capital. In an interview with Ciro Gómez Leyva in June 2019, Mancera argued that the NSJP led to the early release of nearly 15,000 formerly incarcerated individuals to the streets of Mexico City in 2014 as part of the legal reforms. The NSJP is therefore, he reasoned, partially to blame for the kidnappings and assaults that now occur.

Mancera did acknowledge that Mexico City has long dealt with challenges related to drug trafficking and criminal activity, but that they were being addressed. Mancera’s comments came in response to criticism from current Mexico City Mayor Claudia Sheinbaum, who said the actions of former government administrations are responsible for today’s crime.

Support for the NSJP

Supreme Court Justice Arturo Zaldívar

A strong supporter of the New Criminal Justice System, however, is the president of Mexico’s Supreme Court (Suprema Corte de Justicia de la Nación, SCJN). Justice Arturo Zaldívar, who joined the bench in 2009, came to the justice system’s defense.

Supreme Court Justice Arturo Zaldívar. Photo: Notimex.

“With the unfortunate situation our country encounters with high levels of insecurity and impunity, there is no shortage of voices that claim the new [justice] system is responsible for these ills,” said Justice Zaldívar. “What is certain is that the new criminal justice system is neither the cause nor the effect of that problems that we face. More likely, it is the probable solution to them.” He continued, emphasizing that a strong and effective criminal justice system is critical to achieving peace and justice. “If we want a better country, if we want a country in which laws are respected, if we want a country where we live in harmony with peace and justice,” he said, “we should advance on the path on which we’ve come, we should perfect the accusatorial criminal system, [and] we should respect and value the richness of due process, the presumption of innocence, and the right to defense.”

His comments came as part of the bilateral conference, “Diálogos sobre el Sistema de Justicia Penal con el Reino Unido,” held August 12-15, 2019, in Mexico City. It is an annual meeting between the United Kingdom and Mexico that started in 2015. Each year, justices from both countries gather to exchange experiences and best practices, host mock courtroom hearings, and learn from one another, writes Excélsior. Despite operating different styles of criminal justice systems, the conference offers an opportunity for judges, public defenders, prosecutors, and law students to convene. This year’s topic focused specifically on oral trials, a pillar of Mexico’s New Criminal Justice System.

Roberto Hernández

Roberto Hernández of Presunto Culpable. Photo: Sopitas.

The co-director and co-producer of the popular documentary, “Presunto Cupable,” Roberto Hernández, also voiced his support for the NSJP. As reported by El Heraldo de Tabasco, Hernández commented in December that the adversarial system has made positive changes over the years, which were reinforced by the new system in place.

He drew his comments from a recent survey he helped conduct of more than 58,000 people. It was done in collaboration with the World Justice Project and Mexico’s National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI). The results showed that people thought the quality of justice in Mexico had advanced, in part due to the implementation of oral trials. Additionally, the quality of evidence collection and sentencing also improved. Still, Hernández acknowledged the additional work that needs to be done to bring the NSJP to its full capacity. In particular, he pointed to voids in police reform and police training that need to be addressed, as well as a raise in police salaries to help root out corruption.

These are but a few of the many examples of mixed support leveled towards Mexico’s New Criminal Justice System and its role in crime, violence, justice, and accountability nationwide. Justice in Mexico has explored both these topics throughout the years, which can be read about here.

Sources:

Rodriguez, Octavio and David A. Shirk. “Criminal Procedure Reform in Mexico, 2008-2016.” Justice in Mexico. October 2015.

Cortes, Nancy G. et al. “Perspectives on Mexico’s Criminal Justice System: What Do Its Operators Think?” Justice in Mexico. April 2017.

Zaldívar, Arturo. “Cambio cultural y nuevo sistema de justicia penal.” Milenio. November 14, 2017.

Dávila, Patricia. “Corrupción en Nuevo Sistema de Justicia produce esta terrible impunidad’: Martí.” Proceso. June 2, 2019.

“Atribuye Mancera inseguridad a Nuevo Sistema de Justicia Penal.” Excélsior. June 12, 2019.

Angel, Arturo. “Más del 90% de los delitos denunciados en el país no se resuelven, muchos los ‘congela’ el MP.” Animal Político. August 7, 2019.

“Violencia que vive el país no es responsabilidad del sistema penal: SCJN.” Noticieros Televisa. August 12, 2019.

“Defiende Zaldívar nuevo sistema penal.” Reforma. August 13, 2019.

Robertson, Corin. “México y el Reino Unidos: tres años de compartir experiencias en la impartición de justicia.” Excélsior. August 19, 2019.

“Tercera Edición, 2019.” Suprema Corte de Justicia de la Nación. Last accessed August 30, 2019.

Secretaría de Seguridad Pública. “Víctimas reportadas por delito de homicidio.” Gobierno de México. December 1, 2019.

“Mexico homicide record: 127 deaths reported in a single day.” Al Jazeera. December 3, 2019.

Guadalupe Pérez, José. “Avanza sistema de justicia en México.” El Heraldo de Tabasco. December 16, 2019.

Román Gallegos, Juan. “Necesario capacitar a policías y Ministerios Públicos en cuanto a corrupción.” Diario Presente. December 17, 2019.

“Around the States: Updates on the New Criminal Justice System.” Justice in Mexico. December 29, 2019.

Around the States: Updates on the New Criminal Justice System

12/29/19 (written by kheinle) – Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) has been in effect for well over three years, but each state’s implementation and effective functioning of the system varies widely. From public defenders to prosecutors, and from human rights protections to police officer trainings, the adversarial justice system encompasses many facets. The updates below from around the states demonstrates the NSJP’s breadth.  

Colima

Source: Justice in Mexico

Just over 40% of Colima’s public defense attorneys are being let go due to budgetary cutbacks approved by that state’s Congress in December, dropping the total number on staff from 83 to 47. The president of Colima’s Bar Association (Federación de Colegios, Barras y Asociaciones de Abogados Asociación Civil), Oswy Delgado Rodríguez, spoke on the matter. He lamented that the lawyers affected were valuable, experienced, and able to sufficiently defend Colima’s vulnerable populations. Their loss would have an impact.

The lack of resources allocated to Colima’s public defenders is not unique to the state. According to the Washington Office on Latin America citing México Evalúa, “In 2018, these [public defense] agencies received less than 2 percent of a pool of funds allocated to public defenders’ offices, federal courts, the Federal Police, the National Prosecutor’s Office, and the Executive Commission for Attention to Victims.”

This is compounded by the fact that Colima has regularly been one of the latter states to advance the NSJP. As Justice in Mexico noted in its 2015 report, Colima was one of the last two states along with Hidalgo to approve the reform to implement the NSJP, not doing so until August of 2014. It was also one of the last five states to begin implementing the system itself, again not doing so until December 2014. This left just over 18 months for the state to fully implement the justice system before the constitutionally mandated deadline of June 2016.

Mexico City (Ciudad de México, CDMX)

Source: Justice in Mexico

Mexico City is complying with the nationwide push at federal and state levels to make the Prosecutor’s Office autonomous from the Executive Branch. In effect, this would bolster the adversarial justice system by “strengthen[ing] the public prosecutor’s offices in combating violence, corruption, and impunity,” writes WOLA in a detailed report from November 2019. In a follow up report, WOLA elaborated that this shift would ultimately bring the Prosecutor’s Office’s structure and investigative priorities “more in line with the adversarial system.”

The nation’s capital is doing so, however, in a “unique and innovative” way, argues WOLA. What sets Mexico City’s approach apart from the other 31 states is that the process is rooted in civil society and led by a Technical Commission. As mandated by Mexico City’s updated constitution in 2018, its State Congress is to “select a Technical Commission made up of seven civil society leaders to design a proposal for how to complete the city’s transition toward an autonomous prosecutor’s office,” writes WOLA.

The commission was filled just over a year ago and has since drafted a proposed “Implementing Law” (Ley Orgánica) to help guide the creation of the Prosecutor’s Office, specifically outlining the office’s structure and function. The Law’s main goals in establishing the Prosecutor’s Office are “improving results in high-impact cases, managing case flows and complaint reception efficiently, strengthening institutional professionalization, and ensuring strong internal controls.”

Click here to read more about WOLA’s comprehensive reporting on Mexico City’s Technical Commission.

Michoacán

Source: Justice in Mexico

The State of Michoacán took two key steps in December to strengthen protection of human rights, a pillar of the New Criminal Justice System.

First, the State’s Legislative Committees recommended the naming of Michoacán’s head of the State Commission on Human Rights (Comisión Estatal de Derechos Humanos, CEDH). On December 4, Dr. Jean Cadet Odimba On’Etambalako Wetshokonda was nominated to the ombudsman role, edging out the other candidate, Mtra. Elvia Higuera Pérez. Cadet shared his plans for the CEDH, starting with a “reengineering” of the agency to ensure it can be flexible enough to adjust to the needs of the people. He also plans to ensure all members of the CEDH receive quality training on human rights protections to strengthen the agency’s services. This was Cadet’s second attempt to run for the position.

Human rights were also a key focus of a training attended by Municipal Police from Charo, Michoacán in November and December. The State’s Attorney General’s Office (Fiscalía General del Estado, FGE) led the course, titled “Updating Police Roles,” which included specific training on human rights vis-à-vis police responsibilities. This portion of the course was facilitated by the FGE’s Director of Human Rights Promotion and Defense, Marcela Verónica Chávez Hernández. At least nine police attended the training.

Sources:

Rodriguez, Octavio and David A. Shirk. “Criminal Procedure Reform in Mexico, 2008-2016.” Justice in Mexico. October 2015.

Cortes, Nancy G. et al. “Perspectives on Mexico’s Criminal Justice System: What Do Its Operators Think?” Justice in Mexico. April 2017.

Hinojosa, Gina and Maureen Meyer. “Mexico’s Rule of Law Efforts: 11 Years After Criminal Justice Reforms.” Washington Office on Latin America. November 13, 2019.

Hinojosa, Gina and Maureen Meyer. “Steps Toward a Functioning Local Prosecutor’s Office: The Mexico City Model.” Washington Office on Latin America. November 25, 2019.

“Ya es tiempo de que Michoacán tenga un ombudsman ciudadano: Jean Cadet Odimba.” Mi Morelia. November 25, 2019.

“Después de las comparecencias, el Panorama se aclara en el nombramiento del Ombudsman Michoacano.” PCM Noticias. December 6, 2019.

“Clausura FGE curso de capacitación a policías de Charo en materia de Derechos Humanos y actualización de la función policial.” Contramuro. December 23, 2019.

De la Torre, Martha. “Gobierno de Colima despide a 40% de sus defensores públicos.” El Heraldo de México. December 26, 2019.

“Hallazgos 2018: Seguimiento y evaluación del sistema de justicia penal en México.” México Evalúa. August 7, 2019.

Attacks Against Police Highlight Violence in Guanajuato

12/25/19 (written by kheinle) — Guanajuato continues to be one of the most violent states in Mexico. A recent string of 13 police officers killed in just 11 days highlighted Guanajuato’s ongoing challenges with crime and violence. 

Police Under Attack

Officer Maria Sonia Arrellano was kidnapped and killed on December 10. Source: Mexico Daily News.
Officer Maria Sonia Arrellano was kidnapped and killed on December 10. Source: Mexico Daily News.

The most recent occurred on December 19 when the head of Acámbaro’s Public Security (Seguridad Pública), Jorge Valtierra Herrera, was murdered. He was shot outside his home at 7:15am along with his bodyguard who suffered severe injuries. Valtierra had only been in charge of Public Security since July, having taken over for his predecessor, Alejandro Rangel Amado, who was murdered on July 22. Rangel himself had taken on the position when his predecessor was gunned down just one week before during an ambush at the house of Acámbaro’s Commissioner of Public Security.

Just days before Valtierra’s December 19 murder, Officer Gabriela Núñez Duarte was shot and killed in Irapuato on December 14 inside her patrol car in Irapuato. Her partner survived the attack. Prior to that, on December 11, police were ambushed inside the Villagrán Police Station after armed members of the Jalisco New Generation Cartel (Cartel Jalisco Nueva Generación, CJNG) rushed the station. Three officers were shot and killed onsite. Four more were kidnapped; their bodies later discovered on the surrounding highway. The CJNG also claimed responsibility in the killing of María Sonia Arellano, a well-respected police officer who was known to be tough on local crime. She was kidnapped on December 10 from her home in Irapuato along with her husband and their son. Arellano’s body was later found dismembered with a cardboard message reading CJNG. Just two days before Arellano’s death, on December 8, two more officers were killed in León and Celaya. It is not clear if the CJNG claimed responsibility in those killings.

The recent rash of crime in violence in Guanajuato is not new. In July of this year, for example, another outbreak occurred in the state with four attacks on police in ten days. Two officials were killed, including the head of the Attorney General’s Antinarcotics Unit (Unidad Antidrogas de la Fiscalía General del Estado, FGE), Francisco Javier.

Federal Response

In response to the outbreak in violence against police, members of Mexico’s National Guard (Guardia Nacional) are being sent to reinforce the situation in Irapuato, Guanajuato. The mayor, Ricardo Ortiz Gutiérrez, announced that hundreds of additional National Guard troops were set to arrive on December 17, adding to the 200 already stationed there as part of President Andrés Manuel López Obrador’s ongoing security strategy.

Source: BBC News

Mayor Ortiz Gutiérrez emphasized how important it will be to ensure coordination and communication between the different security agencies on the ground, including local, state, and now federal. “Now what we need to ensure is good coordination, a strong front made up just as much by Municipal Police (Policía Municipal) and State Police (Policía del Estado),” he said, “so that we can truly be more efficient in our work, not going at it alone, but truly a united force that can confront [the challenge].”

Before the influx of new National Guard troops arrived, however, security challenges boiled over with the agents already on the ground. In the early hours of the morning, members of the National Guard clashed with a group of armed civilians in a neighborhood in Irapuato that resulted in the death of one National Guard agent and seven civilians. The day after, Guanajuato Governor Diego Sinhue Rodríguez announced that members of the Mexican Navy (Marina) would be joining the National Guard troops to try to pacify the situation.

Crime and Violence Statewide

In general, violence in Guanajuato has increased dramatically in recent years. Justice in Mexico’s most recent “Organized Crime and Violence in Mexico” report published April 2019 explored the issue. The authors found that Guanajuato had the second highest number of intentional homicide cases (2,609) in 2018, according to data from the Mexican National Security System (Sistema Nacional de Seguridad Pública, SNSP). It also was the state with the largest annual increase in total homicides, which saw more than double the 1,084 homicides registered in 2017. Much of that increase was concentrated in the cities of Irapuato (374 homicides) and León (350), but several smaller towns registered dozens of homicides each, including at least nine municipalities with homicide rates in excess of 100 per 100,000. Guanajuato also had the highest number of organized-crime style homicides in 2018 with 2,233, according to data reported by the Mexican newspaper Milenio. It is currently on track to be the most violent state in the nation in 2019, according to SNSP data.

Data collected from Milenio shows Guanajuato’s dramatic increase in organized-crime-style homicides from 2017 to 2018. Source: Justice in Mexico.

Much of this violence appears to be linked to the problem of petroleum theft (huachicol) and the Santa Rosa de Lima Cartel (Cártel de Santa Rosa de Lima, CSRL). Guanajuato is an alternative distribution channel through which stolen petroleum is transited. It became a hotly contested corridor in 2018 among organized crime groups like the CJNG and the CSRL, the latter cartel which actually came into existence after a split from the former in 2017. The BBC News reports that some of the continued violence threatening Guanajuato can still be attributed to this ongoing battle between the two. Similarly, a Congressional Research Service report detailing organized crime throughout Mexico notes that Guanajuato is also home to turf battles between the CJNG and its rivals Los Zetas and the Gulf Cartel.

To learn more about organized crime and violence in Mexico, click here.

Sources:

Calderón, Laura et al. “Organized Crime and Violence in Mexico.” Justice in Mexico. April 30, 2019.

“Policías en la mira, los atacan cuatro veces en 10 días.” AM. July 12, 2019.

López, Karina. “Realizan homenaje a policía caído en ataque.” El Sol de Bajio. July 16, 2019.

Villafaña, Laura. “El martes llegan 250 elementos de la Guardia Nacional a Irapuato: alcalde.” Zona Franca. December 14, 2019.

“Mexico violence: 12 police killed in one week in Guanajuato.” BBC News. December 16, 2019.

“Civiles armados atacan a Guardia Nacional en Irapuato; hay 8 muertos.” El Universal. December 17, 2019.

“Emboscan y matan a jefe de la policía en Acámbaro, Guanajuato.” El Universal. December 19, 2019.

“En menos de un año dos jefes de Policía de Acámbaro fueron asesinados.” AM. December 19, 2019.

Espino, Manuel. “Rodríguez Bucio supervisa puestos de seguridad en Irapuato y Salamanca.” El Universal. December 19, 2019.

Villafaña, Laura. “Llegada de la Guardia Nacional a Irapuato.” Zona Franca. December 19, 2019.

Beittel, June S. “Mexico: Organized Crime and Drug Trafficking Organizations.” Congressional Research Service. December 20, 2019.

Former Mexican Secretary of Public Security arrested in Texas

Former Secretary of Public Security giving a speech during his tenure. Photo: The Associated Press, Alexandre Meneghini.
Former Secretary of Public Security giving a speech during his tenure. Photo: The Associated Press, Alexandre Meneghini.

12/19/19 (written by kheinle) — Mexico’s former Secretary of Public Security, Genaro García Luna, was arrested in Dallas, Texas on Monday, December 9. According to The Los Angeles Times, he is thought to be the highest ranking Mexican official ever to be charged with drug trafficking in the United States. He served as Mexico’s Secretary of Public Security (Secretaría de Seguridad Pública, SSP) from 2006 to 2012 during the Calderón Administration. Prior to that, he led Mexico’s Federal Investigation Agency (Agencia Federal de Investigación, AFI) from 2001 to 2005 during the Fox Administration.

Four-Count Charge

The indictment against García Luna was unsealed on December 10 in the U.S. Attorney’s Office’s Eastern District of New York, leveling three counts of conspiracy to traffic cocaine and one count of making false statements in his U.S. citizenship application. With the former secretary’s protection, the Sinaloa Cartel was able to safely import tons of cocaine and other drugs into the United States between 2006 and 2012. The indictment specifically alleges that García Luna:

  1. “…[conspired] to distribute a controlled substance, intending, knowing and having reasonable cause to believe that such substance would be lawfully imported into the United States from a place outside thereof, which offense involved a substance containing cocaine…”
  2. “…[conspired] to distribute and possess with intent to distribute one or more controlled substances, which offense involved a substance containing cocaine…”
  3. “…[conspired] to import a controlled substance into the United States from a place outside thereof, which offense involved a substance containing cocaine…”
  4. “…[made] one or more materially false, fictitious and fraudulent statements and representations, in a matter within the jurisdiction of the executive branch of the Government of the United States…”

Systemic Corruption

García Luna’s arrest is emblematic of the serious challenges facing Mexico. The country is notorious for its inability – in some cases unwillingness – to curtail corruption, to check the extremely high levels of impunity, and to hold elected officials accountable. In García Luna’s case, as Secretary of Public Security from 2006 to 2012, he was “the man considered to be the brains behind the Mexican government’s militarized war on drug traffickers,” writes The New York Times. According to the indictment, however, on two occasions García Luna received briefcases full of cash from the Sinaloa Cartel totaling USD $3 million and USD $5 million. Thus, he was simultaneously receiving millions of dollars in exchange for protecting the Sinaloa Cartel and allowing it to operate with impunity while leading the government’s “tough on crime” security plan targeting the Sinaloa Cartel, among others.

In hind sight, García Luna undermined his own strategy. “We are obligated to confront crime,” he said in an interview in 2008 discussing the potential to negotiate with cartels. “That is our job, that is our duty, and we will not consider a pact.”

Funds Received

This indictment unveiled in the Eastern District of New York also sheds some light on the previously unaccounted for growth in García Luna’s personal wealth, as detailed by El Universal. “According to official numbers, García Luna’s salary increase[d] by 120% and his assets increased their value five times.” In 2002, the former secretary earned MXN $1.7 million in 2002, but then jumped to MXN $3.7 million in 2008. He and his wife also owned two homes valued around MXN $500,000 each in 2002, but then owned a MXN $7.5 million-home in 2008 worth more than seven times that his two properties combined just six years earlier. They then purchased two homes just four years later in 2012 in Florida valued at USD $5.5 million combined. There have long been questions surrounding García Luna’s ability to purchase such luxury homes; the indictment may help fill in these gaps.

A Step Forward

With the blatant show of corruption on display in García Luna’s indictment, his arrest is being applauded. “García Luna stands accused of taking millions of dollars in bribes from ‘El Chapo’ Guzmán’s Sinaloa Cartel while [García Luna] controlled Mexico’s Federal Police Force and was responsible for ensuring public safety in Mexico,” wrote U.S. Attorney Richard Donoghue. His “arrest demonstrates our resolve to bring to justice those who help cartels inflict devastating harm on the United States and Mexico, regardless of the positions they held while committing their crimes.”

If convicted, García Luna faces between ten years and life in prison. Mexico’s Attorney General’s Office (Fiscalía General de la República, FGR) is also working with the Secretary of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) to extradite García Luna to face charges in Mexico.

Sources:

Indictment. CR 19-576. United States District Court, Eastern District of New York. December 4, 2019.

Espino, Manuel. “FGR solicitará extradición de Genaro García Luna.” El Universal. December 10, 2019.

Gringlas, Sam. “Former Top Mexican Security Official Arrested On Cocaine Trafficking Charges.” National Public Radio. December 10, 2019.

Linthicum, Kate. “Former Mexican security official arrested in U.S., accused of taking millions in bribes from ‘El Chapo.’” The Los Angeles Times. December 10, 2019.

Press Release. “Former Mexican Secretary of Public Security Arrested for Drug-Trafficking Conspiracy and Making False Statements.” Department of Justice, U.S. Attorney’s Office, Eastern District of New York. December 10, 2019.

Semple, Kirk and Paulina Villegas. “Arrest of Top Crime Fights Stuns Mexico, Where Corruption Is All Too Routine.” The New York Times. December 11, 2019.

Zavala, Susana. “Genaro García Luna inexplicably built a fortune in 6 years.” El Universal. December 12, 2019.