Civilians call for Prison Reform in Nuevo Léon

09/24/20 (written by mlopez) – Nuevo Léon’s penal system has been facing critique as the protocols and adherence of inmate rights are being questioned by locals and authorities. The prison system in Mexico has long had its issues with overcrowding and gang violence, as well as recent complications with COVID-19. These factors are making the cells inhabitable for Nuevo Léon’s inmates. Families of the detained are now calling for a fair and impartial investigation into these prison environments. 

In September 2020,  two respected human rights watch group organizations — Human Rights Watch (HRW) and the Ciudadanos en Apoyo a Los Derechos Humanos (CADHAC) — co-authored a letter demanding the investigation into the suspicious deaths of three inmates. HRW’s Jose Miguel Vivanco and CADHAC’s Hermana Consuelo Gonzales addressed the letter to Nuevo Leon’s governor, JRC, “El Bronco.” In it, they ask for clarity on the prisons Apodaca 1 and 2.

In these jails, there are allegations of gang violence and corrupt payoffs, unsafe and unhygienic social distancing and safety guidelines pertaining to COVID-19, and a lack of medicinal support for any COVID-19 cases. The three deaths mentioned in the letter by HRW and CADHAC add to the complaints made by other inmates’ families and have raised suspicion among the public. The first involved Estanislao Aguilera Escamilla, who died of electrocution on July 14, within a day of being detained. The second victim was Modesto Martínez de la Cruz who died of pneumonia on July 24, within three days of being detained. Just two weeks later, Óscar Hugo de León Martínez was also found dead after having allegedly committed suicide. HRW and CADHAC are urging Governor Rodríguez Calderón to take action in these prisons and to protect prisoners’ rights.

Nuevo Léon’s prisons

One of the nine banners hung in Monterrey, NL’s plaza. The banner directly calls for the governor to look into these two commanders who allegedly protected an inmate for the sake of being hostile to other prisoners and to trafficking drugs. Photo: Especial

The prisons themselves have been harshly critiqued by authorities and by the families of inmates. El Norte’s Christian Lara reported on the display of mantas (banners) in Monterrey Plaza. This public display was an attempt to bring the conditions of the prisons to the forefront of the issues that Nuevo Léon is facing. These issues include penitentiaries that are overcrowded, influenced by gang activity, and unsanitary. Overcrowded prisons have a low guard to inmate ratio, there is supposed to be 1 guard per 3 inmates, yet realistically there is one guard per every 5.91 prisoners. Due to this imbalance of guards, riots and gang violence persist through the detention centers. Two notorious such riots were those of Topo Chico in 2012 and 2016. While authorities have promoted cutting the lifeline of gangs in detention facilities, there are still allegations of families having to pay off gang leadership in prisons to protect their families that are incarcerated. Carlos Jáuregui, former public security secretary, stated, “the problem is that the majority of Mexican prisons are out of control. They are run by organized crime and the prisoners themselves.”

Shutting down of Topo Chico

The 2016 closure of Topo Chico, in Monterrey, Nuevo León, was in response to how inoperable the facility was and due to all the violence that erupted in this facility. Its closure meant the relocation of 2,000 inmates to Apodaca 1 and Cadereyta with the caveat that they would be under surveillance. Some lawyers saw this move as dangerous as it would be a mezcla — or mix — of gang leadership, which could result in more violence. Many inmates have detailed that certain cartels and gangs controlled various aspects of Topo Chico, signifying the prison officials were out of the loop. Yet, Carlos Martín Sánchez Bocanegra, Director of prison reform group Renace, claimed Topo Chico was primarily shut down because it no longer met national standards, citing a shortage of custodians. Meanwhile, others claim that it was the prison’s infrastructure that posed a threat to the guards, visitors, and inmates. 

Topo Chico was the home to the largest penal massacre due to gang violence between Zetas and the Gulf Cartel, two of the most notorious organized crime groups in Mexico. This resulted in 49 dead and the escape of 37 gang leaders. Nevertheless, despite the massacre, the Zetas and the Gulf Cartel were still believed to have had influence within the prison. Governor Rodríguez Calderón responded to these prison riots saying “The self-governance (of prisons) will not return because we made the decision: no more extortion of prisoners, of depriving people’s liberties, to their families that have lost heritage as well as tranquility. Imagining and building are what is best. I imagine that Nuevo Léon will recover its happiness.” [author’s own translation]

COVID-19 as a new factor in prisons

The latest challenge to the livelihoods of prisons is the novel coronavirus. Although Governor Rodríguez Calderón encouraged all of the state’s businesses to implement the proper guidelines to reduce the virus’ spread, prisons have fallen through the crack with reports of minimal social distancing measures in place.  In fact, 37% of Mexico’s detention facilities report having overcrowded cells. “Our main aim is to depressurize the prisons in the face of the overpopulation we have,” Maribel Cervantes, the security secretary for Ciudad de Mexico, told EFE. She further highlights that the state’s prisons are designed to house 13,500 inmates but currently contain 31,000 prisoners. With the lack of COVID preventative measures, there is also a lack of proper testing for inmates. Citizens in Monterrey Plaza called for intervention from “El Bronco” by means of the banners they displayed in May of this year. Since then, prisons reportedly have had 100 cases of Covid-19, 79 suspected cases, nine deaths, and three riots linked to the virus since the outbreak of the pandemic according to Mexico’s National Commission for Human Rights (Comisión Nacional de Los Derechos Humanos, CNDH).

There has yet to be a response from “El Bronco” on this specific letter from the HRW and CADHAC. However, Mexico has responded to the inefficient health measures in prisons by asking the judicial branch to release at least 380 prisoners who are serving under five-year sentences or are chronically ill to minimize the crowding in prisons. Penitentiaries are notorious for having substandard living conditions, yet Mexico has been attempting to rebrand the prisons in the country. The 2016 reform of Article 18 in the Mexican Constitution, for example, further defines the mission of detention centers as a resocialization effort to promote work, education, sport, health, and basic human rights. The overcrowding, lack of gang control, and inefficient prevention of disease present serious challenges to upholding this mission.

Sources: 

Malkin, Elisabeth. “At Least 49 Inmates Killed in Mexican Prison Riot,” New York Times. February 6, 2016.

Barrios, Adrián Franco. “En Numeros: Características de la población privada de la libertad en México,” Instituto Nacional de Estadística y Geografía. March 2018. 

“Nuevo Léon opens its doors to reveal 76 years of history,” Mexico News daily. September 2019.

Carrizales, David. “Topo Chico Cierra Penal Incontrolable,” El Universal. September 9, 2019.

Campos Garza, Luciana. “Termina la era de Topo Chico, uno de los capítulos más oscuros del sistema penal,” Proceso. September 30, 2019. 

I Admetlla, Eduard Ribas. “Mexican Prisoners at serious risk for COVID-19,” La Prensa Latina. May 14, 2020. 

Lara, Christian. “Aparecen mantas; reportan ‘abusos’ en penales,” El Norte. May 24, 2020. 

Vivanco, José Miguel. “Letter to the Governor of Nuevo León regarding abuses in state prisons,” Humans Right Watch. September 2, 2020.

Justice in Mexico and USD School of Law co-host International Conference on Mexico’s Judicial Reform Efforts

6/24/16 (written by ncortes) – On June 10th, Justice in Mexico co-hosted “Promoting the Rule of Law in Mexico” International Conference with USD’s School of Law at the Hahn University Forums on campus. Approximately 100 students, faculty, legal professionals, and government officials from both sides of the border attended the international conference on Mexico’s judicial reform efforts just one week prior to the official full implementation deadline of the judicial reform.

The audience was welcomed by the heads of the organizations that made the conference possible: Dr. David Shirk, director of Justice in Mexico, Dr. Stephen Ferruolo, dean of the School of Law, and Justin Bird, vice president of Sempra Energy. In his brief opening address, Dr. David Shirk emphasized the critical time at which the conference was taking place: the conclusion of an eight-year process to reform Mexico’s justice system.

Dr. Héctor Díaz Santana, director of Inter-Institutional Coordination of the Council for the Implementation of the Criminal Justice System’s Technical Secretariat (SETEC), inaugurated the conference by offering an overview of what brought about the reform and the current challenges to its full implementation. Dr. Díaz Santana observed that the late publication of the national criminal procedural code, the lack of funding, and the tendency to procrastinate created a crisis that demanded renewed attention as the deadline approached. The government had to come up with clear plans, funding, and new indicators for evaluation. Moreover, the federal government had to acquire new technologies for investigation and help reluctant state governments assimilate to the inevitability of change. According to Dr. Díaz, there are still many issues that remain unresolved, including updating law school curriculums and informing the public. In his view, even though the implementation phase will be over by June 18, the system will need to continue to make adjustments over the long term.

Dr. David Shirk moderates first panel of "Promoting the Rule of Law in Mexico" international conference. Panelists include State supreme court justice Pablo Héctor González Villalobos (Chihuahua), State supreme court justice Alejandro González Gómez (Michoacán), Hon. Teresa Sanchez Gordon (Los Angeles Superior Court), and Hon. Runston Maino (San Diego Superior Court)

Dr. David Shirk moderates first panel of “Promoting the Rule of Law in Mexico” international conference. Panelists include State supreme court justice Pablo Héctor González Villalobos (Chihuahua), State supreme court justice Alejandro González Gómez (Michoacán), Hon. Teresa Sanchez Gordon (Los Angeles Superior Court), and Hon. Runston Maino (San Diego Superior Court)

Following Dr. Díaz Santana’s reflections on Mexico’s justice reform efforts was the panel “From the Bench: Judges’ Take on Justice Reform,” moderated by Dr. Shirk. The recurring themes included newly acquired responsibilities of judges, the importance of training judges, and the United States’ partner role in this transition. Pablo Héctor González Villalobos, state court justice in Chihuahua, discussed how the reform redefined the job of judges. In the past, a judge’s duty was to serve as an instrument to apply the law while oral trials now demand judges have a more dignified role as interpreters of the law. For him, this is a radical change not often spoken of but that nonetheless carries important consequences, such as the need to implement safeguards that guarantee the impartiality of judges. Alejandro González Gómez, state court justice of Michoacán, drew attention to the absence of an established procedure that outlines the process of appeals in the new system. He recommended training programs and clearly defining the appeals process under the new system.

Judges from the United States complemented the discussion by sharing their observations and recommendations. Hon. Teresa Sanchez Gordon (Los Angeles Superior Court) shared her experience participating in a successful program implemented by the California Judges Association (CJA) that allowed for judge-to-judge interactions between U.S. judges and their Mexican counterparts. As an advocate of judge-to-judge training, she invited Mexican judges to visit California where judges are willing to take their commitment to the next level. Hon. Runston “Tony” Maino (San Diego Superior Court) pointed to the magnitude of the transformation required under the new system to emphasize that change will take time and that one should not be discouraged. He also mentioned the importance of having more individuals buy into the change in order for the change to become real.

Anti-corruption panel moderated by Alejandro Rios Rippa. Panelists include Peter Ainsworth, Dr. Marco Antonio Fernández, and Benjamin Hill

Anti-corruption panel moderated by Alejandro Rios Rippa. Panelists include Peter Ainsworth, Dr. Marco Antonio Fernández, and Benjamin Hill

The next panel, moderated by Alejandro Rios Rippa, director of Corporate Ethics and Litigations at IEnova, focused on anti-corruption efforts in Mexico. Panel themes included the importance of prosecutorial independence, recent changes in the law, and future hopes to reduce corruption and impunity. Peter Ainsworth, senior anti-corruption counsel of the Department of Justice’s Criminal Division emphasized the importance of having the tools, ability, capacity, and most importantly prosecutorial independence in order to fight corruption. In his view, people need to be able to bring cases against their bosses. Dr. Marco Antonio Fernández, associate researcher at México Evalúa, observed that public pressure is pushing the Mexican government to deal with corruption, which has resulted in new legislation. However, much work is required to implement the new laws at the state level. Dr. Fernández drew attention to the great level of impunity in Mexico and noted that unfortunately, “patrimonialism continues to be the name of the game.”

Benjamin Hill, head of the new Specialized Ethics and Conflicts of Interest Prevention Office of the Mexican Federal Government was hopeful about Mexico’s prospects to change. He observed that while the reactions to political scandals have usually been cosmetic in the past, there are signs that this time around is different. In addition to having a working democracy and a stronger civil society aided by social media, he noted that there is now a more robust body of knowledge on corruption from which Mexico can benefit. In terms of conflict of interest, he observed it is a difficult one to discuss in a society where it is often considered a moral obligation to help one’s relatives. Mr. Rios added that sometimes individuals are not aware of what conflict of interest entails and thus it is important to have an ongoing conversation that engages civil society.

Dr. Alfonso Pérez Daza, advisor for the Federal Judiciary (Consejo de la Judicatura Federal) gives his keynote luncheon address.

Dr. Alfonso Pérez Daza, advisor for the Federal Judiciary (Consejo de la Judicatura Federal) gives his keynote luncheon address.

During the luncheon that followed, the audience first heard from William Ostick, U.S. consul general in Tijuana. Mr. Ostick said Mexico’s effort to reform its judicial system required a generational change and reiterated the United States’ willingness to be Mexico’s partner in that process. Mr. Ostick also introduced keynote speaker Dr. Alfonso Pérez Daza, advisor for the Federal Judiciary (Consejo de la Judicatura Federal). He outlined five procedural changes that resulted from the reform: investigation, chain of custody, writing vs. oral, preventive detention, and alternative solutions. Dr. Pérez concluded that Mexico is facing one of the most important changes in its legal history and hopes the reform will improve the criminal justice system by shortening trial times and achieving victims’ restitution. According to Dr. Pérez, “the new criminal system is not a panacea, nor will it bring an end to crime, corruption, and injustice, but I am sure it is a better system than what we have already.”

Professor Miguel Sarre speaks to conference attendees about impunity and the prison system in Mexico.

Professor Miguel Sarre speaks to conference attendees about impunity and the prison system in Mexico.

As an introduction to the last panel “Improving the Administration of Justice,” Miguel Sarre Iguíniz, professor at the Instituto Tecnológico de México, gave a brief commentary on impunity, human rights, and the prison system in Mexico. To illustrate the prevalence of impunity in Mexico, he observed that only 0.49% of criminal cases are actually reported to and investigated by authorities. Moreover, he noted the number of crimes propitiated by the government in Mexico City alone is higher than the number of crimes handled by the justice system at the national level. According to Professor Sarre, 40,000 detainees in Mexico City are forced to pay a quota three times a day in order to avoid abuses. Subsequently, there are 120,000 daily extortion cases that result from the system itself. Mr. Sarre emphasized the importance of taking into account human rights in the prison system.

Octavio Rodríguez, Justice in Mexico program coordinator, moderated the last panel in which capacity building and training, U.S.-Mexico partnership, and institutional independence were recurring themes. Ray Allan Gattinella, senior legal advisor for the Office of Overseas Prosecutorial Development of the Department of Justice observed that capacity building and training along with the professionalization of the police are the most important tasks to improve the administration of justice. Mr. Gattinella also noted the lack of institutional stability and an accreditation system for Mexican law schools may hinder progress.

Octavio Rodríguez moderates panel on improving the administration of justice in Mexico. Panelists include Ray Allen Gattinella, Judge Luciano Angulo, and Robert Ciaffa.

Octavio Rodríguez moderates panel on improving the administration of justice in Mexico. Panelists include Ray Allen Gattinella, Judge Luciano Angulo, and Robert Ciaffa.

Luciano Angulo Espinoza, judge in the state of Baja California, observed the importance of receiving ongoing training. He described his personal experience of having training discontinued at a moment were it was very much needed. Judge Angulo reflected on the importance of having an independent judiciary as well as job security in order to improve the administration of justice. He mentioned that Baja California judges are ratified every five years, which hurts judges’ independence. Robert Ciaffa, federal prosecutor pointed out that Mexico will not be the only beneficiary of the efforts made to improve the administration of justice. He observed that currently there are many barriers, including lack of trust, that prevent U.S. prosecutors from collaborating with their Mexican counterparts. He observed that while Mexico and U.S. share common targets, many times this results in competition instead of collaboration. In Mr. Ciaffa’s words, “we strive for the day when we can recognize each other’s orders.”

Dr. David Shirk gives closing remarks to conference.

Dr. David Shirk gives closing remarks to conference.

To conclude, Dr. Shirk offered his reflections regarding the outcomes of the conference. The conference will inform an upcoming Justice in Mexico report on judicial reforms and serve as a step towards further collaboration with UNAM, where Justice in Mexico will cohost a similar event September 8-9 to continue the conversation. Dr. Shirk also announced the creation of an anti-corruption course within the USD Master of Arts in International Relations and the School of Law that will hopefully attract both USD students and members of the legal community. The final and perhaps most important deliverable is the knowledge, hope, and optimism that all attendees take with them following the conference. According to Dr. Shirk, “all of us should look at this new system as an opportunity to improve the rule of law and the administration of justice in Mexico. All of us are part and responsible for helping achieve better results moving forward.”