and the mexican criminal justice system - The Advocates for Human

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PAPER PROTECTION:

HUMAN RIGHTS VIOLATIONS
AND THE MEXICAN CRIMINAL. JUSTICE SYSTEM

July 1990

1A eeport of the
Minnesota Lawyers International Human Rights Committee
‘Minneapolis, Minnesota
Copies of this epact are available for $7.00 frome

Minnesota Lawsers Tatereutional Human Rights Committee
‘430 Marquette Avene, Sulle 402
‘Minzeapolis, MTgnerota 55401
“Telephone, [phone]
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ISBN 9-929293-07-%.
© 1990 by the Minnesown Lawyers International Human Rights Committee

Printad in the US.A,
TABLE OF CONTENIS

PREFACE
SUMMARY AND RECOMMENDATIONS

4. INTRODUCTION

T, HUMAN RIGHTS ABUSES BY THE POLICE

Police Autonomy and Impunity -
Madrinas -- Tha Unofficial Police Agents |
‘Aati-Drug Campaign
IMlegal Detention and Torture as 4 Means of Investigation
1. Obsorvations and Criviise
2. Torture as Festored by the Mevican Peaal System
a. Leck of Defense Counsat
b. Thigh Esteem of Confessions
e._Latk of Legal Remedios
E, Police Recruitmeat and Training

poe

AML MEXICAN EFFORTS AT REFORM

‘A. Federal Dopartment of Wurman Righis and the National Commission of Human

Rights. . .
BL State Ombudsman Positions

© Refarm of Peral Legislation :
1D. Nou-Governmental Mumen Rights Organizations

TV, RELEVANT INTERNATIONAL, HUMAN RIGHTS NORMS,

A. UN, Committee Against Torture
BL UN, Speciat Rapporteur on Torture

V. RELEVANT MEXICAN DOMESTIC LEGAL NORMS.

A. Maxican Constitution
3. Codes of Criminal Procedvce
C. Federal and State Penal Codes. «
1. Abuse of Authority Under ihe Federal Penal Code
2__Abuse of Authority Uader the Chihuahua Penal Code
D. Special Feseral Laws eteees

VE CONCLUSION

APPENDIX

4
eextoo

x Ciudad tuarce
x ~ Aguascalientes
PREFACE

Ja 1988 the Minaeiot Lawyers International Human Rights Commitiee (Mianesota Lavryers
‘Committes" ar “Cammices") began to study buman rights in Mexico. Three separate fact-finding
swiesons were sent to Maxico in the sumaer of 108 and the Fall of 1989 49 investigate human
rights abuses, especially roparts of torture and abuse of authority by the Mexican judicial police
in northern Menico, “This ropoct seis forth the observations and conclusions of the Commits

based on those missions

‘Two fact-finding wissions were sont to Mexico in tha summer of 1988 10 setecmine i¢
‘Mexican citizens believed human rights abuses existed in their countiy and, if so, what they
‘unsidered te the ines serious human eights problem. From 28 July 1988, through 2 Asgust
$986, artorney Karen Ellingson traveled to the US.-Mexieo order towns of El Paso aud Ciudad
uses to interview hasan rights workers, jopnalists, lawyers, and uaioa feuders. Attorney
Mary Ann Ringwelski visited Mesico City front 15 through 17 August (988 fo conduct a similar
ivenigation, The Committse found that police abuse of the average citizen was the aost
pervasive and chronic form of human rights abuse in Mexica, Arbitrary detentions wnd torture

by

state, and federal sceurity Forces were so widespread ay almost in go uncemarked.

‘The Committee also researched the ingsrantional, regional, aud local human rights
uarantees applicuble to Mexico. On paper, Mexico is eae of the most advanced counttics ia

the legal protection of human rights, I reality, the goveramant lacks che political will ar

control © enforce these protections, Hence, tacure aad other human rights abuses are

rampant,
Faced

‘he glaring discrepancy becwora existing lepal safeguards and widespread
reports of pofice abuse, the Minncsote Lawyers Committee sent attorney Daniel Gerdts to

conduct a third fact-Ciudiag mission based in Ciudad Totree, Chihuahua, from U6 Oetober to 29

December 1989, The gotl of this mission wae twofold: 1 gather evidenve of police brutality

and abate in

nding the use uf turture, arbitrary decentioa, and extra-judicial killinge und to
examine the response of the Mesivan leysl and politica ayscems co abuses by the security

forves, vomparing the Mexican penal codes aad iotemational legal guarantees tn the prcetoes of
the Mexican officiuls, AN available sourees of infornuation were explored, incudiog interviews
with, among others, governmental and non-governmental buman rights workers, prosecutors,

defense lawyees, aud couel personnel. Court hearings were also observed

‘This report wus weittem hy Daniel Gerd, with assistance from Jenn Boer and Sonia Rosa.
‘The authors wish (0 express their appreciation for the help of Karen Ellingson, Rose Grengs,
‘Mary Mog McCarthy, Mary Ann Ringwelski, and Louis Robards, Addicional giatieade goes 0

Barbara Frey, Mary Foster, and Prof, David Weissbradt for their editing, Finally, a specist

lhunks to the many Maxicans who helped with this project, Their dedication is sincere, and

their hope aad determination are encouraging,
SUMMARY AND RECOMMENDATIONS.

other information

Based on information gathered from thee missions to Mexico, a5 we
reporting the usc of torture and other human rights abuses by Mexiuan polica, the Minnesota

Lawyers Committee found arbi

Fy derention, bestings, and tortute to be aa everyday method of
criminal investigaion by the security forces in aorthcra and cantral Mexico, Persons
Interviewad stated that potice brotality was a common, dally oocurrance. Nesey all stid that
betings and torture were routinely used to extract confessiuae ar abtain information, Acbitery
Udsfentions and torture by security forces are so widespread that they often ave taken for

ranted.

‘Agomts in all branches of tho security Forces aze reported vo comnil torture and authorize

trary arrests and detentions. It is tha judicial potice foracs, however, especially the Federat
Jadiciat Police, who are easnonsible for the most serious problems. These forces are known 10

‘njey enormous autonomy and impovity in thelr work despite the illegality cf their actions.

‘Arbitrary detention aad torture are impliciy encouraged, even though prokibied, ecause
af the aature of criminal law and procedure in Mexiva and because of the jurisprudence of the
Mexican Supreme Court, As such, che Mexican criminal justice system continuss to Fostec
abusive methods of law enforesment in spite of Mexico's tagal ailigacions to the contrary. This
situation js made worse because treatiot and Mexican laws against torture are not enforced

snes the sevurity forces.

‘Based upon the information gsthered for this report, ihe following isa typical scenario of
4 person arrested and detwined in northeen or central Mexico: A crime is eammitted and the

polive suspect a certain individual i¢ responsible. Withous a warrant, agents detain the
individual, or some third person imowing that individual, and bring the detainee to s potice oell

fo motel room whore the individual is hold ixcommunicado. Although he iedividual has the
constitutional right to a defemse attorney, the individual is urely informed of this rlgkt, Most
‘of Mexico's criminally accused are poor and ths unable to afford an attorney, even if advised

of this right.

‘The potice proceed fo interrogate the person who i without counsel. They Deal or torture
the dessins to obtain information or extract a confession, usvally oue thut has bsen prepared
by the police ia advance, ace they Force the desired result te police demand money in
xchange for the detainees freedom. If extortion ja mat possible, and the detuinae has signed a
coafession, che police then turn the detainee aver to the appropriate judelal authority. The

roseevtor's effi

charges the detainee with a crime based on the confession.

‘Only at che time of the defendant's Fist appearanes before the judge, some 180 10 theee
Ainys after the arrest. will a public defender be nppointed co the ease, By this fmt, the
Aefendant has already beon Corced to confess and the prosecntor’s office hes aleady sande ita
sw, IF the defendaal camnot prove that the confession was extracied through torture, itis
socepted into evidence. This first confession "gives to the police has more probative value
‘than any other statement diude tater by the defendant, von when there is evidance thal the
wonfesston was forced, che juuge may still allow it fn evidence if thete exists corroborating

‘evidence.

‘In adaition to the regular abuses carriod ont by the police und fostered by he system, the
Minnesora Lawyars Committee found the problem of unctticial police assistants called madvinas
‘or mertiorios to be particulary seviows, ‘Those un-ealisted and illegal agents exacerbate human

vights problems. The madrinas are usually armed, weur civilian clothes, and have traditionally
scted as spies or informants for the judicial police. Thay operate with the authority of the

official security furces without adequate accountability

‘Tho Committee also Tound thal the “war upainse deyas" is used as a justification for

‘uncontrolled police practices such as arbitrary errests, prolonged detentions, and killings. The

campaign aguinst drug-trafficking alo is sed (0 justify the use of marinas,

Faved of these Findings, on its awn analysis, and on the writings and comments of many

Maxican citirens, the Minnesota Lawyors Committe recommends

a.

That the use of aiadrinas be rigorously prohibited and classified as « panal offense,

‘That security force parsonnel on the federal, star, and toca! level be tained on the
Law to Prevent und Punish Torture.

‘That the Attorney General's Office of the Republic enforce the Law to Pravent and
Punish Torture, and ehatslmiay Tavs be promulgated and enforced in ench of the
‘Mexican states,

‘That the Constitution be amended to eaquire that public defense counsel be provided
to indigent defendants at the Late of arrest, not merely at srraigament.

‘That no confession be admiasible in evidence which ig not gived in the presence of at
least defense counsel and preforably the juge assigned to tha ext.

‘That carravoratiog evidence be required in addition to a confession to convict

‘That the Moxican government emsuro that apy siatemaeat which is cotablighed ro have
bbeen made us a result of forture shall nor be invoked a8 evidence in uny proceedings,
regardless of corruborating avidence,

‘That evidence seized when persons are detained without » warrant, and not in the
commission of 1 crime, be Excluded trom evidence,

‘That iudevendent supervisory departmenta bs ereated withia the Offices of Atmrneys
General with full power to investigate aud prosecute police agents who have
committed hussan rights abuse.

‘That che government of Mexiso apply the recommendations of the U.N. Spacisl
Rapporteur on Torta set forth in bis 1990 report fo the Commision on Huntan
Rights
Ii a common expeession in Mexico to say: Td rather deal with a thief than a
policeman beceusc'a thie! will ake only my money; w poticeman will ke my money.
ny freedoms, and maybe my Ute

Rosario lbarru de Piedra, 1988 candidate For president?

In the streets of Cluded Jnsrer in mid-1988, thres persons were riddled with holes by
agents of the Federal Judicial Potice wha subsaquently gave an intantile explanation of

the incident, ‘This fact. was only the visible pare of a grest quantity of
anomalies and tacks against secvrity perpetrated by these supposed suavdians of
order

iturin from Diario de Judrez, 28 October 1989

1. INTRODUCTION

‘Despite Mexico's constitutional guarenters and its support for unproved jotermational hursan,
rights norms, chronic and systematic abuses of basic human rights of Mexican sitizens by the
country's sscuriy Forces are widespread. This stvation wey confirmed in intarviows with

Drosecutons, criminal defense lawyers, olher lawyers, covet personnel, sate leislators

journalists, corgy, human rights workers, and a varisty of government afficias,

‘The abuses include illegal searches, arbitrary detentions and arvess, extra-judicial kiting,
and extensive use of physical and psychological torcure to obtain formation and confessions
‘The abuses appear to be part of an entrenched system of police abuse. Ail elements of the
country’s security apparatus ure invotved inthe abuses, including the atmy and the federal,
Slate, oud ewonicipal police forces. I it the judicial potive forces, however, who have the worst

e00rd,

‘Abuse of uuthurity and the use of (orture by the judicial police are inextricably Hnked (0

the prosecutorial role played by the judicial police in Mexico's penal system. Mexican tnar

* Imerview with Mary Ann Ringwelski, Aug, 15, 1988,