News Monitor

Vol. 9, No. 12, December 2014

This Issue:

• City chief of police resigns

• Mexico remains in bottom half of Transparency International’s Corruption Perceptions Index

• Criticisms surface against President Peña Nieto’s proposals for new reforms

Justice in Mexico • Report reveals human rights violations, modern-day slavery conditions for agricultural workers in Mexico December •

2014 www.justiceinmexico.org

www.justiceinmexico.org

About the Project: The Justice in Mexico Project is a research initiative hosted at the University of San Diego. The Justice in Mexico Project conducts and disseminates research on four broad areas: crime and violence; transparency and accountability; justice system reform; and human rights and civil society. The project receives generous financial support from the MacArthur Foundation. To make a financial contribution to our organization, please contact us at: [email protected].

About the Report: The Justice in Mexico Project produces monthly news reports based on regular monitoring of international, national, and sub-national developments affecting the rule of law in Mexico. The project also provides periodic updates to its news blog and stores archives of past reports at http://www.justiceinmexico.org. This report was compiled by Cory Molzahn, Kimberly Heinle, Octavio Rodriguez, and David Shirk, with research and direct contributions from Gloria Gaona-Hernandez, Christopher Issel, Ruben Orosco, Harper Otawka, Sofia Ramirez, Marissa Rangel, and Alisson Shoffner. Any opinions expressed in attributions for this summary are those manifested in the media reports and op-ed pieces compiled herein, and not those of the University of San Diego, the Justice in Mexico Project, or its sponsors. Please report any questions, corrections, or concerns to [email protected].

About the Cover: A compilation of all Justice in Mexico news monitors in 2014.

©Copyright Justice in Mexico Project, 2014. All rights reserved.

Index

CRIME AND VIOLENCE 1

CRIME AND VIOLENCE: YEAR IN REVIEW 1 CHIEF OF POLICE RESIGNS 4

TRANSPARENCY AND ACCOUNTABILITY 5

TRANSPARENCY AND ACCOUNTABILITY: YEAR IN REVIEW 5 MEXICO REMAINS IN BOTTOM HALF IN TRANSPARENCY INTERNATIONAL'S CORRUPTION PERCEPTIONS INDEX 8

JUSTICE SYSTEM REFORM 9

JUSTICE SYSTEM REFORM: YEAR IN REVIEW 9 CRITICISMS SURFACE AGAINST PRESIDENT PEÑA NIETO'S PROPOSALS FOR NEW REFORMS 11

HUMAN RIGHTS AND CIVIL SOCIETY 13

HUMAN RIGHTS AND CIVIL SOCIETY: YEAR IN REVIEW 13 REPORT REVEALS HUMAN RIGHTS VIOLATIONS, MODERN-DAY SLAVERY CONDITIONS FOR AGRICULTURAL WORKERS 16

Justice in Mexico I News Monitor Crime and Violence Crime and Violence

Crime and Violence: Year in Review to provide the federal government with a registry of all of their members, and to register all of their weapons. The The end of 2014 marked the second full year of Enrique following month, Peña Nieto announced a $3.4 billion (USD) Peña Nieto’s six-year term as Mexico’s president, and a year development program for the state, closely resembling a in which he was able to claim some success on the public similar program implemented in Ciudad Juárez at the peak security front, but was also left with substantial challenges of that city’s bout with organized crime violence. In the case moving forward. Mexico began 2014 with nine of its cities of Michoacán, though, rebuilding the social fabric may prove ranking in the top 50 most violent cities worldwide with even more difficult than in the case of Juárez, since despite populations exceeding 300,000, measured by homicides per the relatively lower levels of violence, criminal organizations 100,000, according to a study carried out by the Mexican have penetrated deeper into the state’s economy, as organization Security, Justice, and Peace (Seguridad, Justicia became clear the same month, when self-defense group y Paz, SJP). Acapulco, Guerrero ranked third with 112.8 spokesman Estanislao Beltrán made it known that the homicides per 100,000 residents, exceeded only by San groups were receiving financing from the state’s mining Pedro Sula, Honduras (187.14) and Caracas, Venezuela industry, which the KTO, as well as its predecessor, La (134.36). Culiacán (ranked #16), Torreón (18), Chihuahua Familia Michoacana, had widely infiltrated and extorted. (21), (22), (30), Ciudad Juárez (37), Cuernavaca (43), and Tijuana (47) were also included in the list of the world’s 50 most violent cities, according to the SJP study.

Michoacán remained one of the predominant public security stories in 2014, beginning in January with the federal government’s announcement that it would “institutionalize” the state’s myriad self-defense groups (grupos de autodefensa) that had emerged to counter the criminal activities of the Knights Templar Organization (Caballeros Templarios, KTO), particularly extortion of local businesses and infiltration into the state’s lucrative agricultural industry. From their emergence in early 2013, the Self-defense group spokesman Estanislao Beltrán. Photo: ImpuneMex. autodefensas spread with little to no resistance from state and federal security forces until January 2014 when the The transition from vigilante self-defense groups to state- Federal Police (Policía Federal, PF) and Mexican armed sponsored rural security forces has not been an altogether forces were deployed to the state to restore order there. smooth process, however, underscored by recent conflicts While the self-defense groups were reported to interact between autodefensas turned rural defense groups. Hipólito relatively peacefully with the Federal Police, armed conflicts Mora, the founder of the autodefensa in the La Ruana were reported between the groups and the , community in the Tierra Caliente region of Michoacán and resulting in as many as 12 deaths. On January 27, Mexican currently a commander for the Rural Defense Corps, was Interior Minister Miguel Ángel Osorio Chong announced that indicted January 3, 2015, along with 26 others in connection the federal government and self-defense groups in with the deaths of 11 in a December 16 firefight in which his Michoacán had agreed on a pact by which the groups would son was killed. Mora claims that his group came under be absorbed into the state security apparatus, to form what attack from the group led by Luis Antonio Torres, “El were termed “Rural Defense Corps” that would operate Americano,” also a rural police commander. There is a long- under the authority of the Mexican Army, and the Rural standing conflict between the two men, originating during State Police, which is intended to replace the state’s their time with the self-defense groups. El Americano’s legal municipal police forces, and operates under the authority of situation is expected to be determined January 5. the Michoacán state police. The eight-point document, signed by several self-defense leaders, specified that the Meanwhile, the Mexican government has continued to corps would be temporary, and that they would be required make headway in arresting and killing leaders of the KTO,

1 Justice in Mexico I News Monitor including Enrique “Kike” Plancarte Solís and Nazario Moreno The Peña Nieto government has claimed progress in González, “El Chayo,” who were killed by Mexican armed reducing the nationwide rate of homicides for a second forces in separate shootouts in March. KTO’s leader, and the straight year. At the same time, though, the Mexican face of the organization, Servando “La Tuta” Gómez government has made it more difficult to quantify what Martínez, remains at large, despite wide-reaching search share of these homicides are due to organized crime-related operations by federal forces and the Rural Defense Corps, violence by ending this distinction in its monthly report on though most believe that his operational capacities have incidences of crime. Further clouding the picture has been been greatly diminished, and according to a recording that the continued discovery of mass graves throughout Mexico, surfaced in October he may be working to sever ties with particularly in the states of Coahuila, Guerrero, Jalisco, and the organization. All told, at least six principle KTO leaders Michoacán, containing hundreds of human remains. In June, were arrested or killed in 2014, including Nazario “El Chayo” 31 bodies were found in a clandestine grave in the outskirts Moreno González, killed in March. El Chayo led the La of Tres Valles in the state of Veracruz. Most recently, the Familia Michoacana criminal organization, from which the continued search for 43 missing teaching trainees in KTO split in 2010. He had long been one of Mexico’s most- Guerrero has led to the discovery of several more graves wanted criminals, and created headaches for the federal containing dozens of human remains. Another, less government when he was falsely reported killed in 2010 measurable impact of organized crime-related violence has despite the popular consensus in Michoacán that he been the forced displacement of tens of thousands of remained alive and in control of his operations. Mexican citizens from their homes, as estimated by a number of human rights organizations. These same organizations criticize the federal government’s failure to address the issue, which is overshadowed by murders and forced disappearances, and occurs primarily in rural areas, away from public view. Brenda Pérez, who specializes in the area of internal displacement, said that 2009-2010 saw the highest levels, and after two years of decline they began to climb again in 2013-2014. Pérez’s organization, the Mexican Commission for Defense and Promotion of Human Rights (Comisión Mexicana de Defensa y Promoción de Derechos Humanos, CMDPDH), has identified the states of Baja California, Sonora, Chihuahua, Coahuila, Nuevo León, , Durango, Sinaloa, San Luis Potosí, Veracruz, Michoacán, and Guerrero as the states with the highest Joaquín "El Chapo" Guzmán. Photo: Reuters. rates of displacement. The biggest victory for Enrique Peña Nieto’s government came in February with the arrest of Joaquín “El Chapo” In addition to claiming a reduction in intentional homicides Guzmán in February. Guzmán, who was the founder and in 2014 (on track for a 14% decline from 2013), data from leader of the , based in the state of the same the National Public Security System (Sistema Nacional de name, was arrested in Mazatlán on February 22 in an Seguridad Pública, SNSP) on initial investigations by state operation led by the . U.S. agencies also authorities (averiguaciones previas) also show apparent collaborated in Guzmán’s arrest. El Chapo had been declines in kidnappings and extortions. According to the Mexico’s most-wanted man, and his arrest left the future of SNSP, there were 1,332 kidnappings between January and the Sinaloa Cartel in question, though most experts November 2014, on track to reach 1,453, which would expressed their belief that the organization—widely represent a nearly 22% decline from 2013. Likewise, SNSP considered to be the most powerful and professional of reported 5,451 averiguaciones previas into complaints of Mexico’s remaining criminal organizations—was structured extortion during the same period, on track to reach 5,947, a and disciplined enough to withstand the loss of its principle nearly 34% decline from 2013. Whether or not these leader, as well as the face of the organization. Evidence of declines represent reality, the totals almost certainly do not. the group’s relative stability may lie in the absence of a According to its annual National Survey of Victimization and flare-up in violence following El Chapo’s arrest, as happened Perception about Public Security (Encuesta Nacional de following the arrests of key (Cartel del Golfo, Victimización y Percepción sobre Seguridad Pública, Envipe) CDG) leaders in Tamaulipas in early April. Left behind after released in October, Mexico’s National Institute of Statistics the arrest of Guzmán is Ismael “El Mayo” Zambada, the and Geography (Instituto Nacional de Estadísticas y organization’s other co-founder, who has seen a number of Geografía, INEGI) found that 93.8% of crimes in 2013 went close associates arrested during 2014, including his own son unprosecuted, with extortions and kidnappings among the in November. most underreported violent crimes.

2 Justice in Mexico I News Monitor

The federal government’s efforts to combat organized crime Gulf Cartel, Beltrán Leyva Organization (BLO), and La Familia in 2014 focused primarily on the state of Michoacán, and Michoacana operating in half of Edomex’s municipalities, the northern border state of Tamaulipas. Following the particularly those bordering Mexico City, Morelos, and deployment of Federal Police and Army and Navy forces to Guerrero. It is important to note, too, that Edomex has also Michoacán in the spring, five high ranking leaders of the seen a rise in self-defense groups, paralleling those in Knights Templar Organization were arrested, and while the Michoacán, though on a smaller scale. It is not clear if such group’s leader, La Tuta, remains at large, the state’s self- groups have contributed any to the recent decrease in crime defense groups-turned Rural Defense Corps continue to rates, but they nevertheless share many similarities with assist state and federal forces in going after KTO leaders and those of Michoacán. operatives. In Tamaulipas, federal authorities delivered blows to the Gulf Cartel and the Zetas criminal organization As has been the case since the frontal assault on drug cartels by capturing and killing several high-ranking members in began in the end of 2006, is difficult to reach a consensus April and May. As previously mentioned, violence increased regarding the success of the government’s organized crime in Tamaulipas following the arrests of two high-ranking Gulf strategy. What is clear is that the federal government’s Cartel leaders, believed to have resulted in a power vacuum strategy of targeting criminal organizations’ leaders—carried and ensuing infighting between newly divided factions over from the administration of Felipe Calderón (2006- within the cartel, as well as heightened inter-cartel fighting. 2012)—has led to further fragmentation of these groups More than 70 cartel-related deaths were reported in April which places a great deal of pressure on the country’s alone, and the federal government responded with a new institutions, as affirmed by México Evalúa director Edna strategy for the state, announced in April and implemented Jaime in May: in May, similar to previous operations in Ciudad Juárez and Michoacán in its federal takeover of public security “We currently have a lot of fragmentation of operations. The operation netted three regional cartel these organized crime groups; it seems they bosses—two from the Zetas and one from the Gulf Cartel— stopped being a national security threat and now in its first ten days. they have become a public security threat. The problem is that we [in Mexico] do not have a way to deal with this national insecurity because we do not have the judicial institutions for security at the local level to confront the problem of insecurity in the country. [Former President Calderón’s] strategy of going after the leaders of the cartels was successful in capturing them, but it did not solve the problem of insecurity, kidnappings, killings, [and] extortions, [as] the perception of fear increased during his administration. It is still not clear to me what the security strategy is for the [Peña Nieto administration]; it seems he is continuing to take the same approach as the former administration

State Police in Tamaulipas. of President Calderón.” Photo: La Verdad de Tamaulipas. As 2014 drew to an end, Peña Nieto remained under great Another area of focus for the federal government’s public public pressure to resolve the case of 43 teacher trainees security strategy has been the State of Mexico (Estado de from the Ayotzinapa Normal School (Escuela Nacional de México, Edomex), where it implemented a security Ayotzinapa) kidnapped in the town of Iguala, Guerrero in operation in May. In all, 4,000 Federal Police and members September. The students were apparently abducted by of the were deployed to the state. municipal police under orders from the mayor’s wife to The government claimed some success from the operation, subdue a public demonstration, and were later handed over pointing to data from the Secretary General of National to a drug gang. The Mexican government maintains that the Public Security (Secretariado Ejecutivo del Sistema Nacional students have most likely been killed, although only one of de Seguridad Pública, SESNSP) that showed a 7.8% decline in the students’ remains have been positively identified, and crime from January to June. The Edomex security strategy, parents of the students still hold out hope of finding their which is similar to those in Michoacán and Tamaulipas and children alive. The search for the students quickly uncovered also includes the creation of an “elite” police force clandestine graves containing scores of human remains. scheduled for implementation in April 2015, is largely a Forensic experts in Austria were called on to try to match result of the presence of organized crime groups (OCGs) in them with DNA samples provided by the students’ families. the state, with groups like the Knights Templar Organization, Dozens of arrests have been made in connection with the 3 Justice in Mexico I News Monitor students’ disappearance, most notably of former Iguala The most controversial protest occurred in the Zócalo in Mayor José Luis Abarca Velázquez and his wife, María de los Mexico City on November 20 during which 11 people were Ángeles, both identified by a leader of the Guerreros Unidos taken into custody and placed in high detention facilities, criminal organization as having given the order to suppress only to be released soon after for lack of evidence. However, the student protest for fear that it would interfere with a what really put Police Chief Rodríguez in the spotlight was planned speech by De los Ángeles. Arrested in mid-October, his reaction towards the incident, as he continued to praise Guerreros Unidos leader, Sidronio Casarrubias, told his “personnel for the work they have demonstrated, for authorities that his organization pays municipal police their great bravery, gallantry, responsibility, and above all salaries in Iguala and in nearby Cocula, whose police have for their reestablishment of public order, whether you like it also been implicated in the students’ disappearance. Dozens or not,” quotes Animal Político. Other polemic quotes by of municipal police from both towns have been arrested Rodríguez include a comment made in late November where over the course of the investigation. According to Mexico’s he proclaimed that in Mexico City, “We have the best police Attorney General Jesús Murillo Karam, Abarca had paid in all of Latin America.” Guerreros Unidos for its services in the municipality, including staffing the municipal police. Demonstrations have endured in Guerrero and beyond demanding that the government find the missing students, their international reach unprecedented in recent memory.

Also setting the tone for the year were revelations of an apparent massacre by Mexican Army soldiers of members of a kidnapping ring in Tlatlaya in the State of Mexico in June. The case of Tlatlaya emerged in the media in September, after a survivor of the incident came forward to claim that the 22 men who died were not killed in a shootout, as the National Defense Ministry (Secretaría de Defensa Nacional, Sedena) had originally reported. An investigation by the Mexico City Chief of Police Jesús Rodríguez Almeida. Photo: Animal Político. Associated Press later revealed evidence that at least eight of them had likely been killed execution-style while unarmed Rodríguez’s letter of resignation was handed to Miguel and at close range. Three members of the Army stand Ángel Mancera, the Chief of Government in Mexico City, and accused of homicide and one of covering up facts regarding was to be delivered to President Enrique Peña Nieto. the case. The trials will be held in a federal civilian court—a Mancera stated, “In the next days, observing the legal step forward for human rights advocates from the military dispositions, I will make a proposal [for a new chief of SPDF] justice system that was previously the norm in cases of to the President, following the corresponding procedures.” alleged military abuses against civilians—but in the Peña Nieto must then ratify and approve the appointment. meantime the incident in Tlatlaya and apparent ensuing cover-up by the Army have renewed concerns over the Rodríguez entered as police chief with multiple degrees and military’s continued role in law enforcement operations. experience, including a master’s degree in Criminal Science, and a doctorate degree in law with a specialization in Sources: Criminal Legal Science. He previously had served as the

“News Monitor.” Justice in Mexico. January - November, 2014. director of Intelligence of Investigations in the Agency of “Grupo del Americano disparó primero y mató a mi hijo: Hipólito Mora.” State Security (Agencia de Seguridad Estatal, ASE) in the Excélsior. December 18, 2014. State of Mexico (Estado de México, Edomex), and as the Camacho Servín, Fernando. “Cárteles desplazan en varios estados a decenas director of Kidnappings and Theft in the Federal Preventive de miles.” La Jornada. December 31, 2014. Police (Secuestros y Robo de la Policía Federal Preventiva), among a handful of other police and leadership positions. Mexico City chief of police resigns Sources:

Mexico City Police Chief Jesús Rodríguez Almeida resigned Malink, Elisabeth. “Mexico: Police Chief Says He Is Stepping Down.” New on December 5 on his two-year anniversary as the Chief of York Times. December 5, 2014. Mexico City’s Public Security (Seguridad Pública del Distro “Renuncia el jefe de la policía del DF que defendió las agresiones contra manifestantes.” Animal Politico. December 5, 2014. Federal, SPDF), having served since 2012. Although not Ruiz-Palacios, Fanny. “El polémico jefe de la policía capitalina.” El Universal. giving a formal reason for his resignation, it is believed that December 6, 2014. his decision to step down was influenced by public criticism Páramo, Arturo. “Renuncia Jesús Rodríguez Almeida a la SSPDF.” Excélsior. over ongoing police brutality towards citizens protesting the December 6, 2014. disappearance and killing of students in Guerrero.

4 Justice in Mexico I News Monitor Transparency and Accountability Transparency and Accountability

Transparency and Accountability: Year in Review

CORRUPTION

The year 2014 saw a number of current and former state- level officials indicted for financial crimes during their tenure, particularly from Coahuila, which continues to be mired in debt many blame on corrupt practices by state officials.

Héctor Javier Villarreal Hernández, former finance secretary for the state of Coahuila (2008-2011), appeared in U.S. federal court on February 13, facing charges of accepting bribes from Mexican drug cartels and embezzling state funds before laundering his proceeds through Texas bank accounts en route to accounts in Bermuda. U.S. Attorney Robert Pitman said that Villarreal Hernández surrendered to federal Former Governor of Tamaulipas Tomás Yarrington. Photo: Milenio. officials in El Paso the day before his court appearance in San Antonio. In October, Villarreal Hernández agreed to Meanwhile, the former governor of Tamaulipas, Tomás relinquish $2.3 million in a Bermuda bank in exchange for his Yarrington (1999-2004), who is wanted in the United States release from prison pending an ongoing criminal for charges of racketeering and money laundering, suffered a investigation. U.S. authorities initially alleged that he had substantial legal setback in 2014 in his efforts to clear his misappropriated $35 million (USD) in state assets. According name. On February 27, Judge Francisco Javier Sarabia to Reforma, at least $70 million in illicit assets belonging to Ascensio from the district’s Amparo Court for Criminal former Mexican officials have been confiscated in Texas or Matters (Juez Cuarto de Distrito de Amparo en Materia are in such proceedings. A group of Mexican senators had Penal) denied his request for a constitutional injunction requested the extradition of Villarreal Hernández to Mexico, (amparo) against the issued arrest warrant. Yarrington has but there is no indication yet that that will happen. On been able to avoid arrest since the U.S. indictment against January 22, a U.S. attorney in Texas declared Jorge Juan him was unsealed in December 2013 because he had Torres López, former interim governor and secretary of previously secured a constitutional injunction. The February finance for Coahuila, a fugitive of justice. In November 2013, ruling, however, also denied Yarrington’s request for Julie Hampton, assistant U.S. attorney for the Southern protection from being placed on Interpol’s red notice, which District of Texas, had indicted Torres López, along with alerts member nations ”to seek the location and arrest of Villarreal Hernández, on “multiple charges of conspiring to wanted persons with a view to extradition or similar lawful launder monetary instruments, bank fraud, mail fraud, and action.” Yarrington faces a federal indictment unsealed last wire fraud,” according to a news release from the U.S. December in the Southern District of Texas, charged with Department of Homeland Security. Torres served as interim conspiring to violate provisions of the Racketeer Influenced governor of Coahuila from January through December 2011 and Corrupt Organization (RICO) statute, alongside his after former Governor Humberto Moreira, also widely alleged co-conspirator, Fernando Alejandro Cano Martínez, accused of illicit enrichment, left his post to serve as owner of a Mexican construction firm. The two also stand president of the Institutional Revolutionary Party (Partido charged with conspiring to launder money, and making false Revolucionario Institucional, PRI). According to court statements to federally insured U.S. banks. In addition, documents, two federal civil forfeiture complaints were filed Yarrington faces charges of conspiring to violate provisions of claiming that Torres López and Villarreal Hernández made the Controlled Substances Act, and conspiring to structure transfers through U.S. banks exceeding $2 million each to currency transactions at a domestic financial institution, as offshore accounts in Bermuda in early 2008 while well as separate bank fraud charges. Yarrington is accused of misrepresenting the funds’ origin. Villarreal Hernández is also accepting large bribes from drug trafficking organizations facing charges in Mexico in connection with an alleged loan operating in the border state of Tamaulipas beginning in scheme to funnel money from the federal government. 1998 in exchange for allowing the organizations to operate

5 Justice in Mexico I News Monitor there, facilitating the smuggling of large amounts of cocaine been seized by the Mexican government following from the Port of Veracruz into the United States. The former revelations of a multi-million dollar fraud involving governor is now considered to be an at large fugitive and is Citigroup’s Mexican subsidiary Banamex and falsified subject to arrest in 180 countries connected through receipts from Mexico’s state-owned oil company Pemex. It Interpol. was the largest case of bank fraud seen in Mexico since the 1990s. The revelations forced Citigroup to revise its 2013 Fallout from the federal government’s takeover of public earnings downward by $235 million (USD), and has attracted security functions in the state of Michoacán has included the criticism against the previous two presidential arrests of several political figures accused of having ties with administrations of Vicente Fox (2000-2006) and Felipe organized crime, including several mayors, as well as the son Calderón (2006-2012), during which time Oceanografía saw of former Governor Fausto Vallejo. Michoacán’s former an unprecedented increase in contracts with Pemex. The secretary general and interim governor, José Jesús Reyna news came at a delicate time, as the Mexican government García, was formally arrested for alleged links to organized pushed for at least a partial privatization of its energy crime on May 7 on orders from a federal judge. Reyna, a industry. It was also a difficult situation for Citigroup, which member of the PRI, was removed from his role as secretary relies on the Mexican market for about 13% of its revenue as general in early April after Mexico’s Attorney General’s Office reported by Credit Suisse, and whose CEO, Michael Corbat, (Procuraduria General de la Republica, PGR) found possible had been at the helm of the company for just a year and a connections with the Knights Templar Organization half. It was during the Fox presidency (2000-2006) that (Caballeros Templarios, KTO). Reyna was indicted the Oceanografía established itself as a successful enterprise, following month. supplying Pemex with platform maintenance, transportation of crude oil and well drilling. According to Jaime González Aguadé, president of the National Banking and Stocks Commission (Comisión Nacional Bancaria y de Valores, CNBV), 97% of Oceanografía’s earnings are from contracts with Pemex, Mexico’s state-owned oil company. Amado Yáñez, Oceanografía’s principle shareholder, was then indicted in October on charges of embezzling more than $55 million pesos (roughly $3.7 million USD).

Also in business news, citing allegations of embezzlement and money laundering, Mexico’s Attorney General’s Office (PGR) in March asked Interpol to issue a Red Notice to member countries, seeking the location and arrest of Gastón Azcárraga Andrade, former owner and president of the airline Mexicana de Aviación, which had controlled as much as 30% of the domestic Mexican air travel market before filing for bankruptcy and ceasing operations in 2010, leaving José Jesús Reyna García. Photo: La Jornada. thousands of current employees without a salary, and former employees with the future of their pensions in question. There was also a spate of arrests of Michoacán mayors, Azcárraga was at the helm of the airline when the largely from the troubled Tierra Caliente region. These bankruptcy was announced, and the following year his include Uriel Chávez of the Apatzingán municipality, Jesús company, Grupo Posadas, sold its shares to Tenedora K, a Cruz Valencia (Aguililla), Dalia Santana Pineda (Huetamo), Mexican investment firm that has attempted to find a viable Salma Karru, (Pátzcuaro), all from the PRI; and Arqímides means of resuming operations for the airline as recently as Oseguera (Lázaro Cárdenas) and José Luis Madrigal Figueroa November 2013, but had repeated difficulties reaching (Numarán) from the Party of the Democratic Revolution agreements with Mexicana’s current and retired workers. (Partido de la Revolución Democrática, PRD). Also under Azcárraga has since left Grupo Posadas. Azcárraga acquired indictment for suspected ties to the KTO is Rodrigo Vallejo, Mexicana in 2005, when, by most accounts, it was in good who appeared in a video with KTO leader Servando Gómez, financial health. President Enrique Peña Nieto vowed early in “La Tuta.” Rodrigo Vallejo is the son of former Michoacán his presidency to bring the mismanagement of Mexicana de Governor Fausto Vallejo, who resigned from his position in Aviación to light. On February 19, the PGR announced that June as the allegations against his son surfaced, though he an arrest order had been issued for Azcárraga for alleged acts cited health reasons. of money laundering. The investigation began as an inquiry

into allegations of poor management of the airline by There have also been several high-profile cases of corruption Azcárraga, who left behind a debt of over $2 billion (USD). in the business world. News broke in early March that During the investigation, though, the PGR reports that Mexican oil services company Oceanografía’s assets had

6 Justice in Mexico I News Monitor evidence of use of illicit funds surfaced. A new arrest warrant for. It also extended to Mexico’s 31 states and the Federal was issued for Azcárraga in October. District (Distrito Federal, DF), requiring them to amend their own constitutions to provide more authority to their IFAI Mexico’s embattled casino industry remained in the news in counterparts. Several current and former state governments 2014 with allegations of corruption in the federal judiciary. have come under fire in recent months for the opacity with The Federal Judicial Council (Consejo de la Judicatura which they have conducted their financial activities, and for Federal, CJF) in early May suspended two federal judge accumulating massive state debt with little oversight or magistrates (magistrados), Eduardo Ochoa Torres and José repercussions. Manuel Rodriguez Puerto, and an additional federal judge, Javier Rubén Lozano Martínez, for allegedly issuing rulings Moreover, the number of IFAI commissioners has increased favoring one of Mexico’s leading casino operators. The CJF from five to seven, and are appointed by Senate vote with also accused Lozano Martínez of involvement in an influence the possibility of a presidential challenge, the inverse of the peddling network. All three are based in northern states past procedure for selecting commissioners. Transparency along the U.S-Mexico border, with Ochoa Torres and Lozáno advocates hope that this change will increase the likelihood Martínez in Monterrey, Nuevo León and Rodríguez Puerto in of appointing commissioners free from political influence. In Tamaulipas. Also implicated in the CJF’s investigation is May, experts and civil society organizations lauded the Mario Alberto Prado Rodríguez, former technical secretary election of the seven new IFAI commissioners for its for Daniel Francisco Cabeza de Vaca, who served as former transparency and innovation, although some expressed President Felipe Calderón’s legal counsel. The CJF claims to regret that the Senate left out candidates with experience have audio recordings tying the four men to Juan José Rojas within the organization. Nevertheless, most agreed that the Cardona, Mexico’s “Casino Czar,” who until recent new commissioners are professionals, with extensive government action operated 26 casinos, primarily in knowledge of the field. The candidates were approved on Mexico’s border region. On April 25 of this year, Mexico’s April 30, selected from a pool of 147 applicants, and all but Interior Ministry (Secretaría de Gobernación, SEGOB) one—Rosendoevgueni Monterrey Chepov—were included in ordered the closure of seven casinos belonging to Rojas the list of 25 recommended applicants submitted to the Cardona for irregularities in obtaining operating licenses in Senate by a committee of experts in the area of 2005. Shortly thereafter, the Rojas Cardona family decided to transparency. close its 20 other establishments in Mexico in order to protect its clientele, according to Eduardo Campos, In October, Mexico’s Institute for Competitiveness (Instituto spokesman for Entretenimiento de México, which Mexicano para la Competitividad, IMCO) found in its annual administers Rojas Cardona’s casino chain. In May, SEGOB State Budget Report (Informe Presupuestal Estatal 2014) that revoked the operating licenses of 19 of those establishments, 12 Mexican states are still failing to provide transparency in which were opened in accordance with a permit issued to their budgetary processes. Nevertheless, IMCO General Entretenimiento de México in May 2005 to open 50 gambling Director Juan Pardinas said that overall, Mexican states and establishments with license to operate until 2030. the DF have made advancements in the area. The most problematic areas are reporting on the number of public TRANSPARENCY employees and public debt.

President Enrique Peña Nieto signed into law new guidelines 2014 drew to a close with pressure on President Peña Nieto governing transparency and access to information in Mexico, to answer questions about his wife’s acquisition of a luxury following Congress’s approval of the law in December and its Mexico City home. On November 9, the online news outlet subsequent approval in the majority of Mexican states. The Aristegui Noticias reported that the home into which changes to Mexico’s transparency laws expanded the burden President Enrique Peña Nieto and his family plan to move of transparency to all entities receiving public funds including after his term ends in December 2018 is registered to a all government agencies, trusteeships, and public funds. In corporation that was part of a consortium led by China the final version, only the president’s legal counsel has the Railway Construction Corporation that recently won a bid to authority to challenge information requests approved by the build a high-speed railway from Mexico City to Querétaro. Federal Institute for Access to Information and Protection of The company, Constructora Teya, is a subsidiary of Toluca- Data (Instituto Federal de Acceso a la Información y based Grupo Higa, with which Peña Nieto has maintained Protección de Datos, IFAI). The law also increased the powers close ties since he served as governor of the State of Mexico of the IFAI. The new reform was another step in a process of (Estado de México, Edomex), and whose subsidiaries have increasing public access to information that began with a been awarded a number of lucrative contracts under Peña 2003 law that first allowed Mexican citizens to request Nieto-led governments. The high-speed rail contract, valued information that had traditionally remained under the at more than $50 billion pesos (nearly $3.6 billion USD) has discretion of government authorities. The constitutional since been revoked, due to concerns over the short bidding reforms established the IFAI as an autonomous body, a process and a lack of transparency expressed by competitors development that transparency advocates have long called and members of opposition parties. The months-long 7 Justice in Mexico I News Monitor investigation by Aristegui received support from Latin the same score. As Transparency International’s Mexico American journalism platform Connectas and the chapter, Transparencia Mexicana, points out, Mexico finds International Center for Journalists. The house in question, itself ranked below its principle competitors and trading located in the upscale Lomas de Chapultepec neighborhood partners in the region, 82 positions below Chile and 34 below in Mexico City, is valued at around $7 million (USD). It is Brazil. Along with Bolivia, Mexico ranks last among countries registered under the engineering firm Ingeniería Inmobiliaria belonging to the Organization for Economic Co-operation del Centro, another subsidiary of Grupo Higa, although the and Development (OECD). investigative team found that it is just meters away from the residence in Lomas where Peña Nieto and his family lived Transparencia Mexicana urges aggressive anticorruption prior to his assuming the presidency. Peña Nieto has never reforms in order to “leave the position of stagnation in which included the house in his annual assets declaration. it has remained for almost a decade.” In this spirit, the organization recommends five specific points of action: Sources: • The creation of a National Anticorruption System “News Monitor.” Justice in Mexico. January - November, 2014. “Roban en México; confiscan en Texas.” Reforma. December 28, 2014. (Sistema Nacional Anticorrupción) bringing together the “nascent” National Transparency System (Sistema Nacional de Transparencia), and the National Mexico remains in bottom half in Transparency Investigative System (Sistema Nacional de Fiscalización, International’s Corruption Perceptions Index SNF); • Internal and external control and investigative Transparency International released it annual Corruption authorities as well as “an authentic Federal Tribunal of Perceptions Index in early December, and once again Mexico Responsibilities (Tribunal Federal de Responsabilidades) finds itself in the bottom half of nations worldwide. Mexico for the three government branches;” ranks 103rd out of 175 total countries, with a score of 35 out • Establishing general legislation for “defining, regulating of a possible 100. and sanctioning conflict of interest in the three [governmental] powers for state and municipal Mexico’s score has remained relatively flat since 2006, when governments;” it scored 33. Its lowest score during that period came in • Require all political candidates to make public three 2010, when it received 31. However, Mexico’s world ranking declarations: a statement of assets, tax statements for has declined from 70th in 2006 to its current ranking of 103, the previous five years and a declaration of potential due to other countries with similar scores at that time conflicts of interest; making substantial progress, while Mexico has remained • That the alliance for open parliament and government to relatively stagnant. All of the countries sharing Mexico’s which the Mexican congress signed in September result ranking of 70th in 2006—Brazil, China, Egypt, Ghana, India, in “transverse and general practices,” and that Mexico Peru, Saudi Arabia and Senegal—rank above Mexico in the must approve a national policy of open data. 2014 index. Sources: “Índice de corrupción 2014: México el peor de la OCDE.” El Economista. December 2, 2014. “México, sin avances significativos en el Índice de la Percepción de la Corrupción.” Transparency International. December 3, 2014. “2014 Corruption Perceptions Index.” Transparency International. Accessed December 20, 2014.

Corruption Perceptions Index 2014. Photo: Transparency International.

Mexico ranks in the middle of the pack relative to other Latin American countries. Venezuela ranks the lowest, with a score of 19 and ranking of 161st, while Costa Rica maintains the highest score (54) and ranking (47th). Seven countries in Latin America rank above Mexico, while one—Bolivia—maintains

8 Justice in Mexico I News Monitor Justice System Reform Justice System Reform

Justice System Reform: Year in Review alternative dispute resolution, and reparations, while ensuring the rights of all interested parties throughout the 2014 saw Mexico’s justice system continue to undergo judicial process. Proponents of the code tout its importance transformation and renovation, timely steps forward given in reducing impunity—according to most estimates, in the tumultuous end to the year for the Peña Nieto excess of 90% of crimes in Mexico go unpunished—as well administration dealing with ongoing corruption and as protecting individual rights protected by the Mexican impunity, the 43-student Iguala massacre, and the killing of constitution and international treaties. In a survey 21 suspects in Tlatlaya by the Mexican Army. At the core of conducted by consulting firm Parametría in March 2014, Mexico’s judicial reform stands the overhaul of the nation’s more than 50% of the Mexican population surveyed strongly justice system—a change from the inquisitorial, closed-door believed the code would create transparency and enhance processes to a more adversarial, transparent, and efficient the implementation of judicial procedures. system rooted in oral trials. Mexico’s 31 states and Federal District (Distrito Federal, DF) have less than 18 months to The public’s confidence in the code and NSJP as a whole is fully implement and operate the New Criminal Justice perhaps due, however, to its strong disapproval of the System (Nuevo Sistema de Justicia Penal, NSJP), which was outgoing justice system, and thus the public’s welcoming of passed in 2008 as part of sweeping constitutional reforms a new, accusatorial, modern judiciary. Parametría’s research with a deadline for completion nationwide by June 2016. from a December 2013 survey, for example, shows the public’s abysmal ratings of the previous system, with 73% believing that Mexico’s laws are not equally applied. Meanwhile, 45% of those polled believed that the law favors criminals, particularly those with economic resources. 42% of the respondents thought that criminals could be declared innocent if they have enough money, and another 62% doubted that authorities would treat them properly under the law. 65% disapproved of investigative police work when researching a case, and an even 60% thought that the Supreme Court (Suprema Corte de Justicia de la Nación, SCJN) was not effectively upholding the Constitution.

While the introduction and approval of the new unified code in 2014 was a significant step forward at the federal level for the nation’s justice reform, the Peña Nieto administration also made strides in other areas. In April 2014, construction began in Durango on the first of 44 new Federal Criminal President Enrique Peña Nieto. Photo: Wikipedia. Justice Centers set to open in Mexico by mid-2016. One center will be built in each of Mexico’s 32 judicial circuits, Significant steps were taken in 2014 at the federal level to with some receiving multiple centers depending on the advance the NSJP. The year began with Mexico’s Chamber of circuit and its demands. Then in July, Interior Minister Deputies’ approval in February 2014, followed by President Miguel Ángel Osorio Chong announced the beginning of a Enrique Peña Nieto’s in March, of the National Penal new oral trials training and continuing education program Procedures Code (Código Nacional de Procedimientos led by the Ministry of the Interior (Secretaría de Penales), establishing uniformity in the application of Gobernación, SEGOB) and the federal Attorney General’s criminal procedural law across Mexico’s 32 entities. Prior to Office (Procurdaruía General de la República, PGR). The its passage, each state had its own procedures, which program seeks to ensure that all those involved in the Senator Roberto Gil Zuarth said was “one of the greatest administration and adjudication of oral trials under the NSJP inconveniences” to implementing the 2008 reforms. The have the appropriate knowledge and capabilities to do so. unified code standardizes procedures involving “Together with civil society and the institutions of higher investigations, arrests, charges, hearings, sentencing, education,” Osorio Chong explained, “judges, investigators,

9 Justice in Mexico I News Monitor police, public prosecutors, and attorneys will be up-to-date NSJP-related projects, $5 billion pesos of which (around and able to act at with the highest efficiency.” One month $375 million USD) were appropriated to support the state later in August, Osorio Chong announced the creation of a level implementation. In addition, Mexico’s Attorney new committee that will regularly evaluate and monitor the General Jesús Murillo Karam explained to the Chamber of NSJP’s implementation. The Evaluation and Monitoring Deputies in September that the switch from an inquisitorial Committee (Comté de Evaluación y Seguimiento de la to a more accusatorial system is not just a change in the Implementación del NSJP) will report directly to Mexico’s system, but also a change in mindset. “It’s about NSJP Coordination Council (Consejo de Coordinación), fundamentally constructing something much more delivering a bi-annual summary on their findings. The difficult—a new mentality. A new form of justice that Council also approved eight other justice reform measures, requires a new perception of public servants, those that including the creation of a working group at the local level to work inside the vocation, that have the ethical principles assist in accelerating the NSJP implementation. that a public servant requires to impart justice, and that can apply [the law] and support it,” said Murillo Karam. Part of Meanwhile, states continue to advance towards the June that challenge to revamp the mindset, he continued, is to 2016 deadline, though not without challenges. Justice in recognize the enormity of the task at hand. “I think that the Mexico has continued to closely monitor the system’s problem is to think of it as a national strategy. The problems implementation at the state level, reporting on both the in Michoacán have nothing to do with those in Chihuahua,” progress and setbacks through its monthly Around the he explained. “If we apply one strategy for two separate States write up. According to a November 2014 report by problems, it’s a mistake. Therefore we have different Mexico’s Center of Investigation for Development (Centro strategies [for each] state.” de Investigación para el Desarrollo A.C., CIDAC) titled “Reporte de Hallazgos 2014,” four Mexican states have the In addition to the work being done on the New Criminal justice system fully operational (Chihuahua, Morelos, State Justice System, several other areas affecting Mexico’s rule of of México, and Yucatán); another 18 partially operational law were addressed in 2014. Most recently, President Peña (Baja California, Coahuila, Chiapas, Durango, Guanajuato, Nieto announced in November a new security plan that Guerrero, Jalisco, Nuevo León, Oaxaca, Puebla, Querétaro, would include dissolving the country’s municipal police Quintana Roo, San Luis Potosí, Sinaloa, Tabasco, Tamaulipas, forces and placing them under state control. It would be Veracruz, and Zacatecas); and the other ten remain in the “qualitative change moving from 1,800 municipal police planning stage, but have not yet made the system [forces] to 32 solid, state corporations.“ Although police operational (Aguascalientes, Baja California Sur, Campeche, restructuring was an effort to address the overwhelmed Colima, Federal District, Hidalgo, Michoacán, Nayarit, justice system, the proposed reforms were largely criticized, Sonora, and Tlaxcala). More recently, Mexico’s Ministry of as described above. the Interior (Secretaría del Gobierno, SEGOB) reported at year’s end that not one Mexican state had the NSJP fully operational, and that only six states (Chihuahua, State of Mexico, Yucatán, Morelos, Nuevo León, and Durango, respectively) had the system operational in over 60% of the state. For its part, Justice in Mexico currently contributes to the justice reform through its binational legal training program, “Oral Adversarial Skill-Building Immersion Seminar (OASIS),” funded by a $1.1 million grant received in October 2014 from the U.S. State Department’s Bureau of Narcotics and Law Enforcement. The project is a collaborative effort between the University of San Diego (USD) and the Universidad Autónoma Nacional de México (UNAM). OASIS is intended to provide trainings to advance the implementation of Mexico's new criminal justice system, Luis María Aguilar Morales (left) is sworn in as the new and foster exchanges among U.S. and Mexican law president of the Supreme Court. Photo: Sipse, Notimex. professors and students to improve binational understanding and cooperation in the legal profession. Much earlier in the year, the Supreme Court (Suprema Corte de Justicia de la Nación, SCJN) also contributed to improving Despite the advancements, challenges remain for states to Mexico’s rule of law by banning the use of arraigo at the comply with the federal mandates. Lack of funding for state level. In an 8 to 2 vote in a February session, the Court construction, training and workshops, and implementation ruled that the judicial reform of 2008 that incorporates costs continue to restrain the system’s implementation, arraigo into the Constitution allows for it only to be used in though the federal government did approve 80% of the cases of organized crime, which falls under federal year’s judicial budget in January 2014 to be set aside for jurisdiction. Arraigo is a form of preventive detention that 10 Justice in Mexico I News Monitor allows for imprisonment without formal charges for up to 80 changes” that will ultimately be insufficient in avoiding days. The Supreme Court also started the new year with the human rights abuses such as those that transpired in the selection of a new president, Luis María Aguilar Morales, events of Ayotzinapa in September. who replaced Juan Silva Meza. After the closed-door voting among Supreme Court magistrates took place on January 2, 2015, and the results were announced, Aguilar Morales “promised to continue [the Court’s] efforts to guarantee the protection of human rights,” reports El Universal. The new title also comes with the added responsibility to serve as head of the Federal Judiciary Council (Consejo de la Judicatura Federal, CJF) for four years.

Despite several significant steps forward in 2014 towards reforming Mexico’s judicial system, the Iguala massacre serves as stark reminder of the long road Mexico still has ahead. Reforming the judicial system, including the ongoing work on the new criminal justice system (NSJP), police, and arraigo, is critical for Mexico’s rule of law and Federal Police in the Federal District. Photo: La Gazzetta. democratization efforts. Public figures such as Father Alejandro Solalinde, who is a Sources: defender of human rights and immigrants and who declared that he had information that the 43-normalista students “News Monitor.” Justice in Mexico. January - November, 2014. disappeared in Ayotzinapa had been assassinated, also “Reporte de Hallazgos 2014: Sobre los avances de la implementación y operación de la reforma penal en México.” Centro de Investigación para el criticized the proposal on his account. “The captain Desarrollo A.C. November 2014. is still fixated on navigating a ship that the people are tired Michel, Elena. “Ministro de carrera presidente de la SCJN.” El Universal. of rowing. #GlobalActionForMexico,” reports CNN México. January 3, 2015. Carlos Navarrete, the national leader of the opposition Muédano, Marcos. “Segob: juicios orales registran atraso en país.” El Universal. January 4, 2015. party, the Party of the Democratic Revolution (Partido del la Revolución Democrática, PRD), stated that the reforms lacked necessary components, and that his party would help Criticisms surface against President Peña Nieto’s proposals in the discussion of them. “The measures announced today for new reforms through EPN are a mandatory first response to the situation that the country is in. They aren’t complete, but they are on President Enrique Peña Nieto announced on Thursday, the right track,” said Navarrete, quoted in CNN México. November 27 his proposal for a new security plan that “They still need to be completed, particularized, extended, would include dissolving municipal police forces and placing and defined on how and when. There are subjects that them under state police, among other reforms that aren’t present and others that fall short. We will soon stimulate economic development. Although rallying support evaluate the 10 points in detail and make suggested from the President’s Institutional Revolutionary Party proposals. We will participate in Congress.” More critical of (Partido Revolucionario Institucional, PRI) and other the proposals, the Senate leader of the National Action Party prominent government officials, overwhelming criticisms of (Partido Acción Nacional, PAN) has signaled that the the proposal arose. President Peña Nieto himself admitted proposals do not resolve the grave problems of justice that that the route the government chose to transform the Mexico suffers. “It should not have remained a meditative security and justice system would be “challenging” to and electoral message. There is no change in the Cabinet, it complete, reports CNN México, and it appears many other has not called upon any civil servant to take responsibility,” Mexican voices agree. said Jorge Luis Preciado, quoted in El País.

Of the criticisms received, many of President Peña Nieto’s As to the economic reforms, the enterprise sector received suggested that the measures have already been debated or Peña Nieto’s proposals with some reservations. The are currently being debated in Congress. However, strong President of Mexico’s Employer Association (Consejo juxtaposing opinions have prohibited some reforms from Coordinador Empresarial), Gerardo Gutiérrez Candiani, while being passed as legislation, and eight of these 14 measures agreeing that the states in which President Peña Nieto do require Congress’ endorsement. The measures have also focused on—namely Guerrero, Oaxaca, and Michoacán—are generated negative reactions from civil organizations that important, believes that rest of the Mexican states also in look at the proposals with skepticism. Organizations such as need of an economic boost to better their security to Amnesty International and Human Rights Watch, for guarantee that investments are safe, writes El País. example, labeled the proposal as superficial “cosmetic 11 Justice in Mexico I News Monitor

Federal Police patrol in Uruapan, Michoacán. Photo: EFE.

Furthermore, political analysts remain skeptical as to how dissolving municipal police and creating a unified state police will eliminate inefficiency and the “entangled relationship in between corrupt authorities and Mexican cartels,” questions BBC Mundo, which also notes that the actual procedure of unification is also rather convoluted. In the same article, analyst Alejandro Hope added “It is not clear if they are talking about eliminating 1.800 municipal police or passing them over to state police. It is not the same.” Further criticisms arise over the constitutional change that would allow the federal government and the executive branch the power to dissolve local governments accused of infiltration by drug trafficking. Also, some argue that this centralization of power that the federal and executive branches would be given could ultimately be more harmful than helpful, writes BBC Mundo.

The Peña Nieto administration hopes that this plan will mark the start of a new chapter befalling the crisis of the 43 missing students in Iguala. “After Iguala, Mexico must change,” President Peña Nieto admitted. Supporters of the reforms state that the proposals will help administrations to overcome problems with police inefficiency and justice overall. However, those in opposition of the reforms believe that the proposals do not reach the center of the problem of corruption and impunity in Mexico.

Sources:

“Las reacciones a las reformas de seguridad anunciadas por Peña Nieto.” CNN México. November 27, 2014. “8 de las 14 nuevas medidas de Peña en seguridad, sujetas al Congreso.” CNN México. November 28, 2014. “Peña admite que implementar su plan de seguridad será tardado y difícil.” CNN México. November 28, 2014. Corona, Sonia. “El plan de Peña Nieto contra la impunidad desata críticas.” El País. November 29, 2014. “President Peña Nieto proposes unified state police commands, among other reforms.” Justice in Mexico. November 30, 2014. Grant, Will, “México: Puede reforma de Peña Nieto superar la crisis de Iguala?” BBC Mundo. December 1, 2014.

12 Justice in Mexico I News Monitor Human Rights and Civil Society Human Rights and Civil Society

Human Rights and Civil Society: Year in Review years, and serves as a painful reminder of the Mexican government’s failure to make real progress on human rights A watershed year for Mexico with regards to human rights issues in the country,” WOLA explains. and civil society, 2014 was filled with important political reforms, yet overshadowed by significant and damning events. Mexico has long been criticized for failing to protect human rights, and several key events and ongoing issues throughout the year continue to exemplify why.

By far the most pressing issue that arose in 2014 was the government’s involvement in the kidnapping and presumed killing of 43 normalista students in September in Iguala, Guerrero, and the its highly criticized handling of the event in the following months. The fallout from the disappearances has situated Mexico in the international spotlight, and exemplified the peoples’ drive to mobilize and energize civil society. Supporters continue to publicly voice their disapproval and outrage over the incident, and Mexico Protestors light fire to the Presidential Palace in Mexico remains amidst massive protests and public demonstrations, City in protest of the 43 missing students in Iguala, with many of the events having turned violent with Guerrero. Photo: Latin Dispatch. protestors defacing government property. The protests have also led to larger national demonstrations and international Adding to the already tense and unsettling situation in showings of solidarity—a sentiment that was reignited after Mexico was the news that broke around the same time that 11 demonstrators in Mexico, including one Chilean, were the students disappeared that the Mexican Army had detained at a protest on November 20 by Federal Police executed 22 suspects in June. According to a witness who (Policía Federal, PF) in Mexico City, facing charges of rioting, survived the Army’s alleged gunfire and broke news on the criminal conspiracy, and attempt to murder. These case in September, and as corroborated by another witness detentions were highly criticized by human rights and legal who recently spoke out in late December, members of the activists alike, which expressed their concern that the military had shot and killed 22 suspects being held in detainees’ human and legal rights were being abused. For Tlatlaya, State of Mexico (Estado de México, Edomex) on her part, Amnesty International’s Americas Director Erika June 30 in a warehouse. At least eight of the suspects had Guevara Rosas argued that, “The evidence against the 11 likely been killed execution-style while unarmed and at close protestors is so thin that it is incredibly hard to understand range, and the scene and incriminating evidence were why they are still in detention, let alone in high-security tampered with, information confirmed by Mexico’s National facilities and treated as ‘high value criminals.’ Such acts raise Human Rights Commission (Comisión Nacional de los the question of whether there is a deliberate attempt to Derechos Humanos, CNDH), the Associated Press, and discourage legitimate protests.” The detainees were Esquire magazine, the latter of which broke the story. As eventually released. described by former CNDH President Raúl Plascencia Villanueva, the military elements entered the warehouse While it is encouraging to see Mexico’s civil society unite where the incident occurred and in an “arbitrary, around the issue and the people’s fight continue into the disproportional, unnecessary action detached from the new year, that the disappearances happened in the first system of human rights,” shot dead at least 12 individuals place coupled with the government’s involvement in the act who had either surrendered or were wounded. is “tragic,” writes the Washington Office on Latin America (WOLA). “The enforced disappearance of the students has … Despite the unsettling situation, particularly vis-à-vis human refocused attention on the failure of the Peña Nieto rights, excessive use of force, and unlawful killings, an administration to effectively combat the organized crime, important step forward that arose from the Tlatlaya corruption, and violence that have plagued Mexico in recent massacre has been the determination that the soldiers

13 Justice in Mexico I News Monitor charged in the case will be brought before a federal civilian justice system for cases of alleged human rights abuses by court, which, months prior to the case, would have been members of its armed forces. In a year overshadowed by heard in front of the closed-door military courts. In incidences of high-profile and disconcerting human rights November, the Federal Judiciary Council (Consejo de la violations, it is important to acknowledge Mexico’s Judicatura Federal, CJF) announced that seven soldiers will significant steps forward with regards to reforming the face charges of acts unfit for public service (ejercicio Military Code of Justice, as the government seeks to reign in indebido del servicio público); three of whom will face the high levels of impunity surrounding Mexico’s armed charges of abuse of authority, aggravated murder, and forces. altering the crime scene; and one of whom will face an additional charge of covering up evidence. This will be the In other human rights issues, however, Mexico largely highest-profile civil trial of members of the Mexican military seemed to stay the same or take steps back. Violence accused of committing abuses against civilians since the against journalists, for one, proved to be a sticking point for Mexican government began its military-led campaign in Mexico, with at least eight journalists killed between January 2006, and came as a result of the unanimous approval by and October of 2014, according to Reporters Without Mexico’s Chamber of Deputies of historic reforms to the Borders. Most recently, two journalists in Sinaloa were Military Code of Justice (Código de Justicia Militar) on April murdered in October, along with a contributor to social 30, less than one week after the Mexican Senate approved media outlet Valor por Tamaulipas. Such events add to the reforms. These reforms, which were then approved by Mexico’s already notorious standing as one of the most President Peña Nieto in May, require all cases involving dangerous countries in the world for journalists to work. In human rights abuses committed by members of the military April 2014, the Committee to Protect Journalists (CPJ) against civilians to be tried in civilian courts, cases that were ranked Mexico in the bottom seven countries worldwide in previously heard by Mexico’s Military Prosecutor (Ministerio its effort to punish and investigate crimes against journalist, Público Militar). The approval was a very welcomed step while organization Artículo 19 reported that of the 330 acts forward, noted human rights advocates, pointing to the high of aggression against journalists reported in 2013, level of impunity for soldiers previously involved in violating government officials committed 60%. civilians’ human rights. According to the Washington Office of Latin America (WOLA), roughly 5,000 cases were brought Mexico was also in the spotlight for its “generalized before the Military Attorney General’s Office (Procuraduría situation” of torture, as identified and condemned by United General de Justicia Militar) alleging human rights violations Nations Special Rapporteur on Torture Juan E. Méndez. committed by members of the military against civilians Méndez visited the county for almost two weeks in April and between 2007 and 2012, of which only four resulted in May to investigate the increase in allegations of torture as convictions. part of a review of the country’s protocols and protection mechanisms for human rights. Despite the 30% decrease in cases of torture and otherwise cruel, inhumane, and degrading treatment reported to Mexico’s National Human Rights Commission (CNDH) during Peña Nieto’s first year in office, Méndez called on the government to do more to curtail the use of torture and hold those responsible accountable. Writes WOLA, “Méndez voiced concern about the lack of investigations into those responsible for torture and ‘the near-total absence, at both the federal and state levels, of convictions.’” Méndez blames the “generalized and normalized” use of torture largely on the militarization of public security functions in Mexico, though he made clear that police forces are also responsible for employing torture, Mexico's armed forces. Photo: Wikipedia. which generally occurs during the first 12-24 hours of The historic reforms to the Military Code of Justice came just detention to extract information or a confession before two months after the Mexican Senate also eliminated the handing subjects over to the corresponding public use of military jurisdiction in cases of forced disappearances prosecutor’s office. A report released in September 2014 by of civilians by Mexican armed forces. The Mexican Senate Amnesty International, “Out of Control: Torture and Other voted in early February to remove a reservation made by the Ill-Treatment in Mexico,” supported Méndez’s concerns that Mexican government upon ratifying the Inter-American torture is perpetrated by Mexican law enforcement Convention on the Forced Disappearance of Persons, which personnel, both military and police. came four years after the Inter-American Court of Human Rights (IACHR) rejected Mexico’s adherence to its military Meanwhile, when it came to the issue of disappearances, the Peña Nieto administration struggled to deliver a

14 Justice in Mexico I News Monitor cohesive message. In August, Mexico’s Interior Ministry variety of issues. In February, critiques surfaced over claims (Secretaría de Gobernación, SEGOB) released conflicting that the government was overstepping indigenous land data on the number of disappeared persons (desaparecidos) rights and failing to provide much-needed hurricane relief to in Mexico, reporting that there were 22,322 missing indigenous populations. In the first few months of 2014, persons, of which 12,532 occurred under the Calderón news also emerged of medical negligence by health care administration (2006-2012) and more than 9,500 under the workers in Oaxaca treating several pregnant indigenous Peña Nieto administration (2012-present). This was an women. There were multiple cases brought forth to increase in the number reported by Interior Minister Miguel Mexico’s National Commission of Human Rights in Mexico Ángel Osorio Chong in June when SEGOB confirmed that (CNDH) involving complaints that medical practitioners did there were 16,000 missing, data which he clarified after not properly treat several expectant indigenous women that releasing confusing reports in May saying there 8,000 sought attention, one of which led to a CNDH disappearances. After President Felipe Calderón left office in recommendation against the responsible authority, the 2012, the database of missing persons was just over 26,000, Ministry of Health (Secretaría de Salud). though Mexico’s Attorney General’s Office (Procuraduría General de la República, PGR) increased that number to 29,707. With SEGOB’s clarification, the combined lists of current disappearances under the Calderón and Peña Nieto administrations stands at over 22,610, as reported WOLA citing the Mexican government’s National Registry of Missing and Disappeared Persons. With such high numbers, critics have long argued that the government needs to do more, including strengthening efforts to find disappeared persons, and holding those responsible accountable. In particular, the inconsistency in the government’s reported data exemplifies the need for a more efficient database and tracking mechanisms. For its part, the PGR did launch a new training program in 2014 for personnel of the Disappeared Persons Task Force (Unidad Especializada de Búsqueda de Personas Desaparecidas, UEBPD). The two-week training Luis Raúl González Pérez. Photo: Milenio. program gives public servants that form part of the task Yet two of the most recent human rights and civil society force a better understanding of human rights and special stories to break in the closing months of 2014 exemplify the skills to search for disappeared persons. However, the dynamic and turbulent year Mexico had in these fields. On federal government continues to undermine its steps the one hand, the Senate selected a new president for the forward. “Rather than strengthening this unit by providing it National Commission of Human Rights (CNDH), Luis Raúl with the personnel and resources needed,” writes WOLA, González Pérez, who took the oath of office immediately “the Mexican government’s 2015 budget will actually cut after the congressional vote in November, replacing funds for the UEBPD by 63 percent.” outgoing CNDH President Raúl Plascencia. A fresh face,

González Pérez assumes his position at a time when Mexico Several other ongoing human rights-related cases continued is facing crises on several fronts, most notably the Iguala and to unfold in Mexico, as well. For one, 2014 marked the fifth Tlatlya massacres, events that Senator Roberto Gil from the anniversary of the ABC Daycare fire in Hermosillo, Sonora National Action Party (Partido de Acción Nacional, PAN) and that left 49 children dead and more than 70 injured. Julio president of the Senate’s justice commission acknowledged Márquez, a parent of one of the deceased children, stated would need to be the new president’s top priorities. Yet during a protest on June 5 in commemoration of the juxtaposed to this changing of the guard for the CNDH was children, “Peña Nieto made a promise during his electoral the killing of Father Gregorio López one month later in campaign that he would clear up [this] case, and he never Guerrero. López’s death, presumably by drug traffickers or did. There has definitely not been justice. At five years we organized crime group members, marks the third priest to are not the same; [we are] worse than before.” Meanwhile, be killed in 2014 in Guerrero alone, notes NPR’s Carrie Kahn. September marked the one-year anniversary of the high Father López had been an outspoken critic of the Knights profile kidnapping and killing of 12 youth from the Mexico Templar Organization (Caballeros Templarios, KTO), and had City nightclub Heaven. Authorities have arrested 22 suspects been involved earlier in the year with self-defense groups since the initial incident occurred in 2013, though critics (grupos de autodefensa) in Michoacán, having even been continue to demand answers and justice for the 12 slain identified by some autodefensa members as a group’s youth. The indigenous population in Mexico also ran into leader. Whatever the case, López’s murder in the waning several disputes with the Peña Nieto administration, days of 2014 exemplifies the year Mexico had vis-à-vis claiming the government failed to protect their rights on a

15 Justice in Mexico I News Monitor human rights, especially when considering that the Iguala resemble slave quarters: concrete buildings infested with protests and civil unrest continue to take center stage in the bed bugs, rodents, or scorpions, and beds made of public’s discourse. cardboard or plastic crates.

From the massacres in Iguala and Tlatlaya to the progress made on reforming the Military Code of Justice, and from persistent high levels of violence against journalists to the public’s ongoing display of solidarity through protests and demonstrations against the government, 2014 proved to be a dynamic albeit very concerning and troublesome year for human rights and civil society in Mexico.

Sources:

“News Monitor.” Justice in Mexico. January - November, 2014. Boggs, Clay and Maureen Meyer. “Human Rights Crisis in Mexico Demands Stronger Response from Mexican Government.” Washington Office on Latin America. December 9, 2014. Neuman, Scott. “Body of Catholic Priest Found in Southern Mexico.” NPR. December 26, 2014. Migrant farm workers in Guerrero working in Sinaloa at a Stevenson, Mark. “Witness confirms cover-up of Mexico army slayings.” mega-farm cannot afford to buy proper shoes on their Associated Press and U-T San Diego. December 30, 2014. $1.00-$1.50/hour earnings. Photo: Don Bartletti, Los Angeles Times.

Report reveals human rights violations, modern-day In the more extreme cases, workers are prohibited from slavery conditions for agricultural workers leaving the camps, and face beatings and death threats if they attempt. Such is the case at the Bioparques camp in the The Los Angeles Times recently released an extensive report San Gabriel region, south of Guadalajara in Jalisco where the revealing the poor conditions for thousands of agricultural several workers had escaped in June 2013. At least one man workers in Mexico, addressing widespread issues of modern who unsuccessfully attempted to escape the farm was day slavery and child labor law violations. The four-part reportedly tied to a tree and beaten by camp bosses. In article by Richard Marosi began after several workers total, 275 people were trapped on that farm including 39 escaped from a Bioparques del Occidentefarm back in June children, most of whom were found to be malnourished. 2013, alerting authorities to the harsh living conditions, and Bioparques de Occidente is one of Mexico’s largest tomato in some cases instances of enslavement or forced labor exporters and has mega-farms in both Jalisco and Sinaloa. It experienced by the workers. The report details findings sells under the “Kaliroy” brand to U.S. retailers including based on an 18-month investigation of such mega-farms Wal-Mart, Albertsons, and Safeway. throughout nine Mexican states—farms that are the cornerstone of Mexico’s growing agribusiness whose exports Many of the workers at the Bioparques camp in Jalisco are to the United States reached $7.6 billion in the last decade. of Huastec origin, coming from the states of Hidalgo, San Corporations like Bioparques and Rene Produce are among Luis Potosí, and Veracruz in the La Huasteca region of those investigated, and also those that sell to the popular Mexico. Upon recruitment, workers were promised wages of U.S. retailers like Wal-Mart, Target, Whole Foods, $100 pesos (about $8 USD) a day. They were told that their Albertsons, and Safeway. meals would be free, as well as housing and childcare. At first workers were indeed paid $100 pesos a day based on Many of the workers that work on these mega-farms are their completed eight hours of work, but then, reports the temporary, migrant workers, and mostly come from rural Los Angeles Times, the management changed to a quota and indigenous communities, often recruited in their system where they had to fill 60 buckets of tomatoes in hometowns by contractors that work for the companies. The order to earn $100 pesos. Often tomatoes were scarcer, mega-farms, continues the report, tend to be set up similar making it difficult to meet the quota, which was especially to work camps with guards and barbwire fencing around the the case for elderly employees, who often then had to rely perimeters. Workers earn on average $8 to $12 a day and, on loans from co-workers in order to buy goods at the although illegal, many camps withhold wages to prevent company store. workers from leaving during the peak of the season when they need workers most. Because of inflated prices at Each day workers were given a stack of tortillas, and served company stores, workers then go into debt purchasing basic watery soup for lunch and dinner, and occasionally beans goods and food. The workers are often malnourished, with and rice. Marosi reports that many workers went in debt at limited to no access to healthcare and live in structures that the company store from purchasing basic necessities. There

16 Justice in Mexico I News Monitor was an instance of one mother asking her boss for more longer purchase from that farm. Nevertheless, as Marosi tortillas for her children, and he told her she would be writes, those responsible for the agribusiness human rights slapped for asking again. Some workers became ill because violations and deplorable conditions continue to evade of the harsh conditions on the farms, including the exposure justice. “When the mistreatment of the workers at the camp to pesticides and were refused medical attention. Workers was finally exposed, Mexican authorities made arrests, reported being threatened with physical force to maintain imposed fines and promised to make an example of the the level of work required by their bosses. company. A year and a half later, however, the case of Bioparques speaks more to the impunity of Mexican agribusiness than to accountability.”

According to the Walk Free Foundation’s “Global Slavery Index 2014,” there are currently an estimated 266,900 people in modern slavery in Mexico, with the most vulnerable populations being indigenous, migrants, and children. In fact, over half of the 1.2 million people living in slave-like conditions in all of the Americas are found in Mexico, Haiti, and Brazil alone, the organization reports. In comparison, the United States has 60,000 people in modern slavery, while Canada has 4,600. However, in 2014, Mexico did issue its first sentence of child labor exploitation, and approved its National Program for the Prevention, There are nearly 100,000 child workers in Mexico, like 9- Punishment, and Eradication of Crimes on Trafficking in year-old Pedro Vasquez, seen here picking peppers in Persons and the Protection and Assistance to Victims of Guanajuato. Photo: Don Bartletti, Los Angeles Times. these offenses 2014-2018, which aims to address issues of modern day slavery in Mexico. The Los Angeles Times report also found that there was no school, day care, or playground for the dozens of children Sources: that lived on the farm. Mothers had to create makeshift cribs out of netting to protect their babies from scorpions. Zamaroni, Ulises. “Rescatan a 275 Personas; eran forzadas a trabajar.” El The very young children, and toddlers often remained in the Universal. June 12, 2013. Villafranca Donet, Lisette. “1,2 millones de personas son víctimas de la fields or in the greenhouses alongside their parents. Despite esclavitud moderna en Latinoamérica.” Noticias Quebec. October 12, 2014. the fact that the legal working age in Mexico is 15, many Marosi, Richard. “Hardship on Mexico’s farms, a bounty for U.S. tables.” Los farms in Mexico hire children as long as six years old to pick Angeles Times. December 7, 2014. produce. According to the most recent estimate released by Marosi, Richard. “Desperate workers on a Mexican mega-farm: ‘They treated us like slaves.” Los Angeles Times. December 10, 2014. the Mexican government, reports the Los Angeles Times, Marosi, Richard. “Company stores trap Mexican workers in a cycle of debt.” nearly 100,000 Mexican children under the age of 14 pick Los Angeles Times. December 12, 2014. crops for pay. Marosi, Richard. “In Mexico’s fields, children toil to harvest crops that make it to American tables.” Los Angeles Times. December 14, 2014. “The Global Slavery Index: Mexico.” Walk Free Foundation. Last accessed The information on Bioparques came to light on June 11, January 1, 2015. 2013, after three workers successfully escaped and notified authorities in Guadalajara about the abuses and forced labor. The State Attorney General of Jalisco (Procuraduría

General de Justicia del Estado de Jalisco, PGJE) descended on the farm, arresting five people during the raid who were charged with human trafficking. Of those charged, two were Bioparques employees (who were later exonerated by a judge) and the other three were employees of the labor contractor. Bioparques also received $700,000 in penalties for violating health and labor laws, though Bioparques spokeswoman Minerva Gutierrez claims those fines have been dropped when the company met certain health and safety requirements. The State Attorney General has yet to comment on the status of case of the Bioparques camp, and the World Bank has not withdrawn financial support of the corporation. However, some of Bioparques’ retailers have responded, such as Wal-Mart, which stated that it would no

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