Special Reports

New Justice in Mexico working paper: Forced Confessions: Tracking Torture and Mistreatment in Mexico’s Accusatorial Criminal Justice System

Posted on by Ashley Ashley Ahrens-Viquez

01/30/20- Justice in Mexico, a research-based program at the University of San Diego, released a working paper by Rita E. Kuckertz, entitled, “Forced Confessions: Tracking Torture and Mistreatment in Mexico’s Accusatorial Criminal Justice System.” This study examines the impact of Mexico’s 2008 criminal justice reform on the use of torture and cruel, inhuman, or degrading treatment by judicial sector operators as prosecutorial tools. Specifically, it analyzes how the reform has served to reduce the practice of utilizing torture and mistreatment to extract criminal confessions by imposing new constraints and incentive structures to re-shape the behavior of judicial actors. It employs data from two sources in order to determine whether or not the implementation of the Accusatorial Criminal Justice System (SJPA) has resulted in a reduced incidence of torture and mistreatment by judicial sector personnel. The results suggest that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico.

The author hypothesized that the reform would be associated with decreased levels of torture in the judicial sector. Specifically, this study presumed that high subnational SJPA performance scores would be associated with reduced rates of torture by judicial sector officials in those states. Additionally, it was predicted that following the reform’s municipal implementation, detainee reports of torture and forced confessions would decline at a national level. While this research also hypothesized that states with higher SJPA performance scores would demonstrate greater reductions in reports of torture and forced confessions following implementation, it was not possible to confirm this conclusion due to insufficient data.


Figure 3: CNDH Complaints of Torture and Cruel, Inhuman, or Degrading Treatment against Judicial Sector Operators per 1 Million Inhabitants (Average 2015-2018)

Figure 4: CNDH Complaints of Torture and Cruel, Inhuman, or Degrading Treatment against Judicial Sector Operators per 1 Million Inhabitants (2018)

Data sources: CNDH National Alert System, CONAPO

Still, result of the author partially confirmed the geographic hypothesis outlined above. Annual correlation and regression analyses between state reform performance scores and state-level rates of torture and mistreatment complaints against judicial sector operators did not produce significant associations from 2015 to 2017. However, analyses employing 2018 data yielded a significant relationship between the two variables, suggesting that the reform’s consolidation over time has had a positive impact on human rights in Mexico’s judicial system. Furthermore, insignificant findings from 2015 to 2017 may be explained by factors unrelated to the judicial reform. While it was beyond the scope of the study to identify other variables affecting the relationship during this period, the author hypothesizes that increases in drug war-related enforcement measures may have played a role.

Furthermore, this study’s findings substantiated the temporal hypothesis with regard to torture. A chi-square test for independence revealed a significant reduction in the percentage of detainees that reported being subject to torture following the reform’s implementation at the municipal level. The temporal hypothesis examining forced confessions was partially confirmed, as a second chi-square test for independence revealed a marginally significant decrease in the percentage of sentenced detainees that reported being subject to a forced confession.

Figure 7: Results of Chi-square Test and Descriptive Statistics for Reports of Torture and Mistreatment by Presence of Municipal Reform Implementation at Time of Arrest

Figure 8: Results of Chi-square Test and Descriptive Statistics for Reports of Forced Confessions by Presence of Municipal Reform Implementation at Time of Arrest

Data source: ENPOL

While the observed reductions were relatively small (a 7.4% decrease in torture and a 5% decrease in forced confessions), these results nonetheless represent compelling evidence in favor of the SJPA’s impact on Mexico’s human rights situation. As the SJPA’s official implementation date fairly recently in 2016, there is still much work to be done to fully consolidate the reform’s mandates. As Mexico continues to progress toward the SJPA’s full and effective implementation, researchers should observe further reductions in the incidence of torture by judicial sector officials. This is supported by the results of state-level chi-square tests, which also showed large and significant reductions in the percentage of detainees reporting torture and forced confessions (39% reductions in torture in Baja California and Durango, 24% reduction in torture in Mexico City, 14% reduction in torture in Morelos, a 36% decrease in forced confessions in Mexico City, and an 84% reduction in forced confessions in Querétaro).

The author argues that regardless of these findings, the existing criminal justice reform may not be enough to address the epidemic of torture. Ms. Kuckertz posits that Mexico must also (a) improve official sources of data used to track cases of torture and mistreatment, allowing researchers to monitor the success of state efforts to reduce the practice; (b) explicitly and publicly condemn the practice, instituting appropriately severe penalties for those found guilty of such crimes; (c) establish strong protections for detainees and their families, banning the practice of detention without charge, or arraigo; and lastly, (d) remain steadfast in defending the criminal justice reforms amidst growing calls to revert to familiar judicial practices characteristic of one-party rule in Mexico. While these proposals are tied to Mexico’s broader challenges in addressing corruption, impunity, and capacity issues, they represent crucial steps toward the country’s democratic consolidation and the establishment of institutions that respect its citizens’ human rights.

About the Author:

Rita E. Kuckertz earned her Bachelor’s degree in Psychology and Spanish with an emphasis in Latin American Studies from the University of San Diego in 2015. She is currently a candidate for the Master’s degree in International Relations, also from the University of San Diego. Her research primarily focuses on human rights and judicial reform in Latin America, with a particular emphasis on Mexico. She has served as Program Assistant and Operations Coordinator at Justice in Mexico for over four years.

2019 Organized Crime and Violence in Mexico Report

Posted on by Ashley Ashley Ahrens-Viquez

 

Download the full report here  

 

04/30/19- Justice in Mexico, a research-based program at the University of San Diego, released its 2019 report on Organized Crime and Violence in Mexico, co-authored by Laura Calderón, Kimberly Heinle, Octavio Rodríguez Ferreira, and David A. Shirk. This report analyzes the latest available data to broadly assess the current state of violence, organized crime, and human rights in Mexico. The tenth edition in a series is published under a new title to reflect the gradual shift that has occurred to the restructuring illicit drug trade and the rise of new organized crime groups.

In 2018, Mexico saw record violence with 28,816 homicide cases and 33,341 victims reported by the Mexican National Security System (Sistema Nacional de Seguridad Pública, SNSP). This reflects the continued augmentation in violent crime in Mexico for more than a decade with a notable increase in the last few years. The homicide rate has dramatically escalated from 16.9 murders per 100,000 inhabitants in 2015 as reported to UNODC to 27.3 per 100,000 in 2018 based on SNSP figures. In this and past reports, the authors attribute much of the violence, between a third to a half, to the presence of organized crime groups, particularly drug trafficking organizations.

According to the report, violence has become more pervasive throughout the country but remains highly concentrated in a few specific areas, especially in the major drug trafficking zones located in the northwest and the Pacific Coast. The top ten most violent municipalities in Mexico accounted for 33.6% of all homicides in Mexico in 2018, with 24.7% concentrated in the top five: Tijuana (2,246), Ciudad Juárez (1,004), Acapulco (839), Cancún-Benito Juárez (537), Culiacán (500).

 

 

Tijuana’s rate of 115 homicide cases per 100,000 inhabitants ranks second to Acapulco’s rate of 127 cases per 100,000 inhabitants. According to Baja California State’s Secretary of Public Security (SSP) reporting, Tijuana saw a significant increase in 2018 of 41% victims up from 2017.

The authors have found that Mexican organized crime groups have become more fragmented, decentralized, and diversified in their activities. Notably, violence in the Mexican state of Guanajuato appears to have risen due to the increased presence of the Santa Rosa de Lima Cartel and an increase in the prevalence of petroleum theft (huichicol). At least nine municipalities in Guanajuato had a murder rate of more than 100 homicides per 100,000 inhabitants.

Record violence in Mexico has disproportionally affected certain populations (e.g. politicians, journalist, and men). In 2018, a major election year, there were 37 victims among mayors, mayoral candidates, and former-mayors. These numbers are up slightly from 35 cases in 2017 but demonstrate a significant increase from 14 victims in 2015 and 6 victims in 2016. A 2018 Justice in Mexico study found that in recent years Mexican journalists were at least three times more likely to be murdered than the general population, while mayors were at least nine times more likely. There were 16 journalists and media workers that were killed in 2018. Additionally, the report finds that men are 8.3 times more likely to be homicide victims than women, with 28,522 male homicide victims.

All told, the authors of the report estimate that over 150,000 people were murdered during the six years of the Peña Nieto administration, the most homicides during any presidential term in recent Mexican history. The current Lopez Obrador administration has proposed a new security agenda centered on citizen security, changes in federal law enforcement, and efforts to minimize tensions in U.S.-Mexican relations. Two of the most important measures that the new government has put forward are the creation of a autonomous federal prosecutor and a national guard.

 

 

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2018 Drug Violence in Mexico Report

Posted on by dshirk

Drug Violence in Mexico: Data and Analysis Through 201704/11/18- Justice in Mexico, a research and public policy program based at the University of San Diego, released its 2018 special report on Drug Violence in Mexico, co-authored by Laura Calderón, Octavio Rodríguez Ferreira, and David A. Shirk. The report examines trends in violence and organized crime in Mexico through 2017. The study compiles the latest available data and analysis of trends to help separate the signals from the noise to help better understand the facets, implications, and possible remedies to the ongoing crisis of violence, corruption, and human rights violations associated with the war on drugs.

Mexico experienced dramatic increases in crime and violence over the last decade. The number of intentional homicides documented by Mexico’s National Institute of Statistics, Geography, and Information (INEGI) declined significantly under both presidents Ernesto Zedillo (1994-2000) and Vicente Fox (2000-2006), but rose dramatically after 2007, the first year in office for President Felipe Calderón (2006-2012). All told, throughout the Calderón administration, INEGI reported 121,669 homicides, an average of over 20,000 people per year, more than 55 people per day, or just over two people every hour. Over that period, no other country in the Western Hemisphere had seen such a large increase either in its homicide rate or in the absolute number of homicides.

Yet, over 116,000 people have been murdered under Mexican President Enrique Peña Nieto (2012-2018), despite his campaign pledge that violence would decline dramatically within the first year of his administration. In fact, there were an average of 23,293 homicides per year during the first five years of Peña Nieto’s term, nearly 4,000 more per year than during Calderón’s first five years in office. As such, the annual average number of homicides under the Peña Nieto administration is now about 20% higher than during the Calderón administration, whose first two years saw much lower levels of homicide.

In 2017, state-level increases in intentional homicide cases were found in all but 6 states. The top five states with the largest number of intentional homicide cases in 2017 were Guerrero (2,318), Baja California (2,092), Mexico State (2,041), Veracruz (1,641), and Chihuahua (1,369). In 2017, the state with the largest annual increase in total homicides was Baja California, with most of that increase concentrated in the city of Tijuana, as discussed below. However, the largest percentage increases in homicide cases were found in Nayarit (554% increase) and Baja California Sur (192% increase). At the state level, the largest numerical and percentage decrease in homicides was found in the state of Campeche, which saw 67 homicide cases in 2017, down 17 cases (20% less) compared to the previous year.

 

Journalists and mayors are several times more likely to be killed than ordinary citizens. According to a recent Justice in Mexico study by Laura Calderón using data from 2016, Mexican journalists were at least three times more likely to be killed (.7 per 1,000) than the general population (.21 per 1,000), and mayors are at least twelve times more likely (2.46 murders per 1,000). Justice in Mexico’s Memoria dataset includes 152 mayors, candidates, and former mayors killed from 2005 through 2017, with 14 victims in 2015, six in 2016, and 21 in 2017. In total, nine sitting mayors were killed in 2017.

Mexico’s recent violence is largely attributable to drug trafficking and organized crime. Tallies produced over the past decade by government, media, academic, NGO, and consulting organizations suggest that roughly a third to half of all homicides in Mexico bear signs of organized crime-style violence, including the use of high-caliber automatic weapons, torture, dismemberment, and explicit messages involving organized-crime groups. Based on INEGI’s projected tally of 116,468 homicides from 2013 to 2017, at least 29.7% and perhaps as many as 46.9% of these homicides (34,663 according to newspaper Reforma and as many as 54,631 according to Lantia consulting service) appeared to involve organized crime.

In early 2017, the notorious kingpin leader of the Sinaloa Cartel, Joaquín “El Chapo” Guzmán was extradited to New York to face charges of organized crime, murder, and drug trafficking, among others. The analysis in the Drug Violence in Mexico report suggests that a significant portion of Mexico’s increases in violence from 2015 through 2017 were related to inter- and intra-organizational conflicts among rival drug traffickers in the wake of Guzmán’s re-arrest in 2016. In particular, Guzmán’s downfall has given rise to a new organized crime syndicate called the Jalisco New Generation Cartel (Cartel de Jalisco Nueva Generación, CJNG). Thus, the surge of violence following Guzmán’s arrest is one of the negative effects of targeted leadership disruption by law enforcement, often known as the “kingpin strategy.”

The country’s recent violence could be a concern in Mexico’s 2018 presidential election. The worsening of security conditions over the past three years has been a major setback for President Enrique Peña Nieto (2012-2018), who pledged to reduce violence dramatically during his administration. Peña Nieto has received record low approval ratings during his first five years in office, in part due to perceptions of his handling of issues of crime, violence, and corruption, particularly after the disappearance and murder of dozens of students from Ayotzinapa, Guerrero in 2014. Mexico will hold elections in July 2018 and the next president will take office in December 2018. Since there is widespread concern about Mexico’s elevated levels of crime and violence, candidates for public office will feel pressure to take a stand on these issues and may even be targeted for violence for violence.

 

Justicebarometer 2016: Perspectives on Mexico’s Criminal Justice System

Posted on by Ashley Ashley Ahrens-Viquez

04/13/17 – Justice in Mexico, a research and public policy program based at the University of San Diego, released the English version of the latest publication in the Justiciabarómetro series, Justiciabarómetro 2016- Perspectives on Mexico’s Criminal Justice System: What do its operators think?, thanks to the generous funding from the John D. and Catherine T. MacArthur Foundation. The 2016 Justiciabarómetro provides a comparative analysis of the justice system operators’ demographics and perspectives, as well as comparisons to similar data collected in 2010. Survey participants included 288 judges, 279 prosecutors, and 127 public defenders in 11 Mexican states, with a response rate of 56%, a 2.4% margin of error, and a 95% confidence interval.

Justicebarometer 2016

The 2016 Justiciabarómetro builds on a series of surveys that Justice in Mexico has conducted since 2009. Through collaboration with bi-national teams of judicial system experts in Mexico, these Justiciabarómetro studies are intended to generate useful indicators of judicial system capacity and performance in order to contribute to both academic research and improved public policy efforts.

Some the most relevant findings include the following:

  • The majority of the operators of all judicial system operators are male (56%), under the age of 50 (79%), and have a post-graduate degree (57%).
  • 63% of judges surveyed earn more than $30,000 pesos each month, yet 72% of prosecutors and 82% of public defenders earn less than that amount.
  • Nearly all of the operators (89%) believe the justice system needed to be reformed and that the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) has had positive effects since it began in 2008. An additional 90% think the NSJP creates greater trust in authorities, and 93% more argue it will accelerate judicial processes.
  • NSJP features are overwhelmingly well received, with roughly 95% of all operators preferring oral proceedings over previously implemented written methods, a significant increase from 2010 JABO results. Additionally, 98% prefer the use of alternative dispute resolution (ADR).
  • The majority of respondents are in favor of the presumption of innocence (84% of judges, 76% of prosecutors, and 91% of public defenders) and believe the NSJP will help reduce corruption (80% of all operators).
  • • 96% of all judicial system operators view judges as the most effective in their work when compared with prosecutors and public defenders, and an additional 96% view judges as the trust-worthiest.
  • Despite overwhelming agreement when operators were asked if they were prepared for the NSJP’s implementation and operation (86% of judges, 93% of prosecutors, and 90% of public defenders), between 13% and 29% of operators reported having never been trained in oral litigation or alternative methods to resolve cases.
  • A concerning 48% of prosecutors, 29% of public defenders, and 13% of judges believe authorities can operate above the law to investigate and punish individuals for crimes committed.

Overall, the 2016 Justiciabarómetro provides unique perspective on the administration of Justice in Mexico from the operators of the system. As noted by Justice in Mexico Program Coordinator Octavio Rodriguez, a Mexican attorney and co-author of the study, “The survey provides a rare and penetrating look inside the Mexican criminal justice system, which traditionally has been like a ‘black box’ to outside observers.”

To read the full report, please click here:  Download

For public commentary in English or Spanish about the report or other criminal justice issues in Mexico, please contact the report’s authors directly:

Drug Violence in Mexico: Data and Analysis Through 2016

Posted on by octaviusrod

Drug Violence in Mexico 2017 report Cover

Drug Violence in Mexico: Data and Analysis Through 2016 (2017)

Justice in Mexico, a research and public policy program based at the University of San Diego, released its 2017 special report entitled, “Drug Violence in Mexico: Data and Analysis Through 2016.”

Drug Violence in Mexico (2017 Special Report)

Click here to download the full report. DOWNLOAD

Thanks to the generous funding of the John D. and Catherine T. MacArthur Foundation, this is the project’s eight annual study on organized crime and violence in Mexico. As in previous years, this report compiles the latest available data and analysis to evaluate trends related to drug trafficking and organized crime in Mexico.

This year’s report builds on past findings and seeks to provide new insights into Mexico’s recent security situation. The authors find that after a decline in 2012-2014, homicides began to rise again in 2015 and jumped 20% in 2016, and the worsening of security conditions over the past two years has been a major setback for President Enrique Peña Nieto (2012-2018), who pledged to reduce violence dramatically during his administration.

 

 

Comparison of Homicide and Organized Crime Homicide Data for Various Sources, 1990 through 2016

Notably, the largest increases were registered in Colima with a 600% increase from 2015 to 2016, Nayarit (500% increase), and Zacatecas (405% increase), all of which have an important role in drug production or trafficking and are contested by rival organized crime groups. Meanwhile, several states registered noticeable decreases, including Querétaro with a 69% decrease in intentional homicides and Campeche with a 24% decrease. Authors also found that “El Chapo” Guzmán’s arrest and extradition appear to be partly fueling violence. What is particularly concerning about Mexico’s sudden increases in homicides in recent years is that much or most of this elevated violence appears to be attributable to “organized crime” groups, particularly those involved in drug trafficking. While there are important methodological problems with compiling data on organized crime-related killings, tallies produced over the past decade by government, media, academic, NGO, and consulting organizations suggest that roughly a third to half of all homicides in Mexico bear signs of organized crime-style violence, including the use of high-caliber automatic weapons, torture, dismemberment, and explicit messages involving organized-crime groups. In 2016, there was greater disparity in the estimated number of organized crime-style killings documented by some sources (6,325 according to Reforma newspaper and 10,967 according to Milenio), but the proportion of total homicides was at least 25% and perhaps greater than 40%.

The analysis in this report suggests that a significant portion of Mexico’s increases in violence in 2015 and 2016 were related to inter- and intra-organizational conflicts among rival drug traffickers in the wake of Guzmán’s re-arrest in 2016.

 

Authors believe that, as the U.S. President Donald Trump wants to push the Mexican government to reinvigorate its counter-narcotics efforts and also work to increase U.S. security measures along the 2,000 mile Southwest border, tensions between the two countries could undermine the close law enforcement and security cooperation achieved under the administrations of presidents George W. Bush (2000-2008) and Barack Obama (2008-2016).

“Drug Violence in Mexico: Data and Analysis Through 2016” was co-authored by Kimberly Heinle, Octavio Rodríguez Ferreira, and David A. Shirk.

Click here to download the full report. DOWNLOAD