Diabetic, by Javier Valdez Cárdenas (RIODOCE)

Valdez published this Malayerba in Ríodoce on 12 June 2016.

Diabetic
Javier Valdez Cárdenas (RIODOCE)

He didn’t want to go out. He was sad and trapped between the walls of diabetes and hypertension. He felt weak, sad. What would happen if it came out he had lost the lust for life, the sugar there is in fun, love and happiness? His diet was as strict as the order to stick to it: don’t get excited, don’t jump about, don’t dance, don’t scare yourself, and don’t get too happy or too sad.

But one afternoon his friends insisted so much he gave in. These friends were always looking for him. The partygoers, the all-nighters who got drunk and listened to music and sang, the ones he trusted and who supported each other. In the rainbow of relationships they were darlings. At the same time both the usual and the rare.

It’s okay. Let’s go, he said, behind a shy smile. The hosts were more the friends of his friends than his friends, but still he could have a good time. Don’t drink sodas or eat fatty food. Stay away from spicy things. No salt. No sodas. No alcohol. Not even an alcohol-free beer. Those were his hated orders. But he had to respect them. He had to. When he arrived the music was already at full throttle and they were passing around trays of sausage and cheese with salt, chile and lime. Regular potato chips in one corner and spicy ones in the other. Sodas everywhere and whiskey, beer and too much tequila. Shrimp ceviche in a big blue plastic bowl.

He couldn’t deny his mouth was watering. Fuck it, he thought. He stretched out his hand to grab some sausage then on to the spicy chips. He asked for an amber beer, then some Chivas, then back to the beer. He was a little drunk, excited and ablaze. Dude, they said, take it easy. He said nothing. Hey man, pace yourself. Remember you need to watch it. He kept smiling his crooked smile. He danced with his girlfriends then they split and he went back to his friends.

The owner’s girlfriend kept going past him. Her fine linen dress rising up as she moved like a wave in the sea: glistening, catwalk glamorous, revealing thighs and more besides, undergarments, loose folds, teasing. She passed him again. She saw his excitement. Her boyfriend was over there with guests, a glass of alcohol and ice in hand. She went right past him. He had his dipsomaniac head on and he couldn’t stop himself from reaching out to paw at her. She saw him and told her boyfriend who became upset. He almost managed to fuck him up but his friends got involved. They broke them up and he said You will pay.

When the party ended, he wanted to walk home. They offered him a ride but he did not want it. He was close. They shot him several times, in the dark and on their own, and he barely made it home. He didn’t make it to his front door. Back at the party they washed red from the floor of the patio and off the sidewalk.

Award winning Mexican journalist Javier Valdez Cárdenas was murdered on 15 May 2017 just after leaving Ríodoce, a newspaper he helped establish in Culiacán, Sinaloa. He was 50 years old. He published this Malayerba column on 12 June 2016. His most recent book (previously published in Spanish as Levantones), appears in English translation and with an introduction by Everard Meade as The Taken: True Stories of the Sinaloa Drug War,  appeared earlier this year by University of Oklahoma Press.

Translator Patrick Timmons is a human rights investigator and lawyer, a journalist and translator. He collaborates with the Freedom of Expression Project at the Trans-Border Institute at the University of San Diego. He is participating in #agendadeperiodistas, a group formed in 2017 by journalists to protect journalists. He lives in Mexico City.

Protesting against impunity in the murder of Chihuahuan Journalist Miroslava Breach

This article first appeared in newspaper La Jornada on Monday 24 July 2017. It has been translated without permission.

Protesting against impunity in the murder of Journalist Miroslava Breach
By Rubén Villalpando (La Jornada)

Chihuahua Journalists Recall 22 Murdered Colleagues, photo courtesy of Julio Rivera, published in La Jornada.

Chihuahua, Mexico.— The murder of journalist Miroslava Breach occurred four months ago yesterday. She was La Jornada’s correspondent based in Chihuahua, the state’s capital city, and she also wrote for El Norte of Ciudad Juárez. Activists, family members, and journalists gathered again to demand justice four months after the crime. Until now the perpetrator and mastermind behind the crime have not been detained. Impunity marks the case, the protester said.

The protest occurred in front of the statehouse. It’s also the location of the Cross of Nails, each one representing the violent death of a woman. They demanded that the state government, headed by Javier Corral, a member of the Partido de Acción Nacional, work to solve the murder and stop announcing advances in the murder when in reality none exist.

At the event, convened by journalists in the state capital, they recalled the names of the 22 journalists murdered in the state, along with those cases authorities have failed to solve since 2010, just as in the murder of Miroslava Breach.

At the protest they shouted for an end to violence, placed banners and posters with words calling for justice, emphasized that reporting is a high-risk activities for journalists, and demanded authorities guarantee freedom of expression and punishment for those responsible for murders.

They acknowledged that four months have passed since Miroslava Breach’s murder outside her home in the Loma Vallarta neighborhood of Chihuahua city. They demanded the investigation continue; above all else because Governor Javier Corral has said that the perpetrator and mastermind have been identified, along with their accomplices. Yet nobody has been arrested and charged.

Just Like Every Month

Every month journalists and activists gather in Chihuahua city to remember Miroslava Breach and call for justice. In the fourth month since her murder they remembered that in June the Rapporteur for Freedom of Expression at the Inter-American Commission on Human Rights, Edison Lanza, called on the state to comply with its obligation to investigate and solve the crime committed against the journalist last March 23.

Governor Javier Corral said three months ago in Ciudad Juárez that the perpetrator and mastermind only needed to be arrested. The failure to do so is why journalists, activists, citizens and the family of Miroslava Breach have on many occasions protested in the center of the city to demand application of the rule of law.

Journalist Rubén Villalpando is a Ciudad Juárez based correspondent for national newspaper La Jornada.

Translator Patrick Timmons is a human rights investigator and journalist based in Mexico City. Like the MxJTP on FaceBook.

Real Stories of Mexico’s Missing — Searching for His Sister: Carlitos Looks Among Human Remains in Mexico, by Javier Valdez Cárdenas

Real Stories of Mexico’s Disappeared: Carlitos and the Search Among Human Remains for His Missing Sister

By Javier Valdez Cárdenas, Correspondent (La Jornada)

Around 60 search party members from 11 states in Mexico look for missing or disappeared people in the towns of El Quelite in Mazatlán and Sataya in Navolato. Photograph by Javier Valdez. Published in La Jornada.

Culiacán, February 8, 2017—Carlitos says that he loves his sister and that he is not going to leave her unprotected. At his tender age he already feels guilty for something he did not do, for having failed to take care of and protect Zoé Zuleika. She has been missing for a year.

Carlitos – that’s what we’ll call him – is barely eight years old and he searches for missing people: a searcher of human remains who carries a small staff and pickaxe. His grey and black striped sweater keeps him from the morning chill. He is Mexico’s youngest searcher of the disappeared.

When you ask him what he is going to say to his sister when he sees her again, the boy answers: That I love her; that I am going to protect her. Around the Navolato community of San Pedro, in the deciduous forest, the little one looks among whoever’s human remains, but really he’s searching for his sister.

With blows from his staff and still more from his pickaxe he looks for Zoe like someone who knows he will find her. His lively, black eyes light up like fireflies and he smiles when he thinks about her.

The last time he saw her, he remembers, was a year ago in his father’s truck, in Soledad, a town in San Luis Potosí.

He says that when he finds her he is going to protect her, including from his father whom he suspects took her. Carolina Gómez Rocha, 40, is mother to both children. She comes from San Luis Potosí, and she searches for missing people, even though she realizes it is unlikely she will find Zoé in the state of Sinaloa.

I do these searches to strengthen the families who are here searching, not to find my daughter. I know that she is alive. I am her mother and my heart tells me so. I am here to support the cause. It has been an immense experience, and yes it does help me, it strengthens me, she says. She’s a few yards from the Culiacán River, between the sand sifters and the cornfields.

She has four children: 8, 18, 20, and Zoé, 6. The youngest worry her and give her hope. The day Zoé disappeared Carolina’s family had gone to a party. They went at the insistence of her father in law.

The girl, who was already tired, fell asleep in her father’s truck. A few minutes after midnight they decided to leave but the young girl was not there anymore.

Safety Belt

Carolina and even Carlitos suspect his father. He does not ask about the girl. He has not joined in the searches or gone to the authorities even after they filed the criminal complaint. Her husband’s family acts just the same: indifferent. That’s why they don’t dismiss the idea that they have Zoé or know where she is.

Less than a kilometer from where the search party is looking, the prosecutor set up a roadblock. Two women police officers approach, ask questions in a friendly way, and allow or deny entry. Few get close. Further on, where they are conducting the search, there are four federal police patrol cars. They have dogs with them, dogs trained to search for human remains, and experts with their kit.

About thirty members of the Third National Search Party have come together to excavate and ask questions. This search will last two weeks. A Catholic priest is participating, as are many young women and several members of the Marabunta organization. Most of them wear white shirts with black text: Where are they?

According to statistics from the state prosecutor, around 2,200 people disappeared in Sinaloa during the last six years, the period when Mario López Valdez was governor. His term ended last December.

Some searchers look near the heavy machinery. Others go to another site in the truck belonging to the prosecutor’s forensic team. Still others seek shade under the poplars.

They laugh. They poke risqué fun at the young priest, circling in on each other. Even during the search there is time for fun yet memories still weigh heavy.

They are more than 60 searchers from 11 states. Right now they are looking for human remains in two graves: in El Quelite in Mazatlán, and in Sataya, Navolato. They have managed to unearth one body. It still has not been identified.

Some yards away, in an overgrown corner, Lucas, the police dog, digs again and again. So much so that it looks like he’s playing. The agents say he lifts his ears and his tail goes straight and he goes stiff when he finds human remains. He doesn’t do any of that today.

There’s Carlitos. With his staff and his pickaxe. Sometimes he wants to leave and attaches himself to his mother’s skirt. The two bob through the mess of dry branches, big leaves and uneven earth. It looks like they are crossing a swamp but they emerge clean.

After his sister disappeared, the boy went through a bad time at school. He enjoys math: but his grades went from 9s and 10s to 6s and 7s.

He carries himself aggressively. He locks himself in his room. He throws himself on his bed and cries, all the while clutching a photo of Zoé. He speaks to her. He cries over her. That’s why he goes to therapy. He falls down and het gets up. Here he raises his staff and plunges it into the ground.

– When you speak with your sister, what will you tell her?

– I will tell her I love her and I miss her and that I will protect her. That I can take care of her. That I won’t let my father leave her in his truck.

Award winning Mexican journalist Javier Valdez Cárdenas was murdered on May 15, 2017 just after leaving Ríodoce, a newspaper he helped establish in Culiacán, Sinaloa. He was 50 years old. He published this story in La Jornada on February 8, 2017. His most recent book (previously published in Spanish as Levantones), appears in English translation and with an introduction to Sinaloa by Everard Meade as The Taken: True Stories of the Sinaloa Drug War,  published earlier this year by University of Oklahoma Press.

Translator Patrick Timmons is a human rights investigator in the Americas, an investigative journalist, and historian. NACLA, the CPJ Blog, The Texas Observer, and CounterPunch have published his writing.

Lament for my friend, Javier Valdez, by Froylán Enciso

[This remembrance of the murdered journalist Javier Valdez Cárdenas first appeared in Horizontal.]

The death of Javier Valdez has brought Mexican journalism to a breaking point. If they can kill the best known, the winner of the most prizes, and the most protected in the profession, what about the rest of us? There’s a bull’s eye on Mexico’s press.

And if now you are going to ask me what’s to be done, the answer is I don’t know. Today, 15 May, they murdered my friend, Javier Valdez. My first hypothesis, of course, is that they killed him because of his journalism.

When Chapo Guzmán’s kids went around gossiping on Ciro Gómez Leyva’s program that Dámaso López Núñez – El Chapo’s former business partner – had ambushed them and tried to kill them, Javier interviewed one of Dámaso’s messengers for Ríodoce. He knew that the article didn’t please Chapo’s kids and their people, and he knew that they would try to silence him so that national media would believe that Dámaso was the government’s new criminal enemy. And not just silence him. They would try to silence everybody at Ríodoce. But now Dámaso is in prison, so why kill Javier? I can’t figure it out.

When I heard the news about Javier I pulled away from the table where I was eating lunch with my colleagues to celebrate Teachers’ Day in Mexico. My mother called me from Sinaloa. She said that that they are killing people like flies. She fears for my siblings. Yesterday they went to a party. My sister left early but a few minutes after that they “took” one of the friends who accompanied her. Yesterday they murdered some kids in the Colonia Alameda for no good reason and because they could, just for going out with a group of friends. The thing is that you don’t know who’s who or what’s going on. Some people aren’t caught up in anything untoward but they get killed anyway and in unfathomably cruel ways.

“Your sister was just a minute away from danger. She’s safe but just one minute more…”

We are all worried for each other.

“Around here you can’t even stop to look around,” my mother told me.

And that’s when the heavens poured from my eyes. The house collapsed around me. There’s no safe place to go back to. Maybe tomorrow things will be better. In time things improve but right now that safe place does not exist. They have snatched it from me, from us, bit by bit. Today there’s no home. Tomorrow I will return to see if there is justice, to see if trust exists between people. Today there isn’t. Death knows no bounds today. If they can kill Javier Valdez, our beloved Javier, the most well known, the winner of the most prizes, the most protected in the profession, then what about the rest of us? It’s like all of us are wearing a bull’s eye.

I met Javier Valdez in 2003 when I pitched stories to him for Ríodoce, while I was a researcher for the Los Angeles Times. Ismael Bojórquez and Alejandro Sicairos welcomed me with open arms, but the first time I met them in Culiacán, Javier sweetened the welcome with an invitation to drink beer in the Guayabo, his regular watering hole. Everybody made me feel welcome and supported but Javier called me Ríodoce’s correspondent in the country’s capital. Javier’s words made me feel proud. Ríodoce was not well known at that time. It had not won any prizes. Nobody knew if the publication would last. They were just beginning and this gave me hope that in Sinaloa things might be different. And then I began to find Javier everywhere I looked for him: in meetings of the Foundation for New Iberoamerican Journalism (FNPI), in the International Book Festival (FIL), and on his many visits to Mexico City.

I remember, Javier, when you gave me a bound copy of your Malayerba, because you wanted help spreading the manuscript around interested publishing houses. I confess that I handed almost all of them out to editors, my dear friend. But I kept one of them for myself. Forgive me. It’s just that you were quicker than I was in finding an editor and you began to publish books as if they were enchiladas. And after I’d done the rounds of publishers, they called me out for not insisting they publish you. Always some publisher would approach me to confess that they should have grabbed your first book. Isn’t that funny, my friend? And isn’t it great that one of your books just appeared in English. Now your books are going to sell. I’m reminded how you said goodbye to me in that email when I told you about one of those editors who was remorseful about not publishing you when he had the chance.

“Don’t go just anywhere to lose your virginity or leave it lying about. Big hug,” you told me.

I laughed to myself and I played along. You were frightfully naughty and you had a commanding way with words and you fell in love with your own games more than once. You could never get enough and you sometimes had the bruised heart of a big child, even though you always said Sinaloans copulated with death.

And I just want to remember that the heavens are falling from my eyes. And I want to say that whoever did this has to be shitting themselves. Soon we must stop crying. They are going to have to kill all of us, too, because the place where we want to live in peace has no master.

Author Froylán Enciso is a historian from Sinaloa who specializes in the political economy of drugs and politics in Mexico. He holds a PhD in History from the State University of New York, Stony Brook. He is a Senior Analyst for Mexico in the International Crisis Group and a professor in the Programa de Políticas de Drogas at the Centro de Investigación y Docencia Económicas (CIDE) in Mexico. Follow him on Twitter: @elfroyenciso.

 

Translator Patrick Timmons is a human rights investigator, journalist, and lecturer in History at El Paso Community College.

The Ranch of Horror (Ignacio Carvajal, Blog.Expediente.Mx)

This crónica was first published on Blog.Expediente.Mx on 19 June 2014 and has been translated without permission by the Mexican Journalism Translation Project (MxJTP).

The Keys of the Murdered and the Missing of El Diamante, Tres Valles, Veracruz. (Photo Credit: Ignacio Carvajal, Blog.expediente.mx)

The Ranch of Horror
By Ignacio Carvajal (Blog.Expediente.Mx)

Tres Valles, Veracruz.- “Can you take us to the graves at El Diamante, please?” somebody asks an official from Tres Valles township. Until that question, the bureaucrat had been welcoming, good-humored even; but on hearing where they wanted to go, his face reddened. He looked around from place to place. His chin trembled. He did go there, but reluctantly and at the first opportunity he fled – full throttle, ignoring speed bumps, puddles, and potholes.

The entrance to El Diamante is the opening to Eden. At the end of the meadow on this ranch, once the property of the late Fernando Cano Cano, first mayor of Tres Valles, trees are laden with fruit, a fish farm to one side. Pastures spring up at the corners to the property. A river runs through it.

It’s a golden dream for any farmer. But for the thirty-one people who were murdered and buried here, it’s where they went from paradise to hell.

After three months, last Monday night Navy personnel finally acknowledged it as a burial site. Nobody could have imagined that, under leafy trees on one side of a ravine hid horror: death, suffering, and shame half-covered by soil.

A smell hovers over the site. Green flies swarm around rotting flesh, crawling with maggots. There are thirteen holes. From each one they have exhumed two or three people. The investigators left a short time ago. They worked with nothing. Help came from soldiers stationed in Xalapa and Veracruz.

One person who was there, and whose identity is being protected, says that the investigating agents couldn’t cope. After hours of digging and removing rotten flesh, exhaustion overwhelmed them.  Officers from the Veracruz Investigations Division (AVI) had to lend a hand, putting their firearms to one side to pull on rope to extract the dead. “The exhumed bodies were tied up. It was complicated because they didn’t have hands or feet. Sometimes we had to help.”

“We tired from pulling up so many bodies. There was this moment when we had to shovel and blood and rotting stuff came out,” the official said.

 

OFFERINGS TO THE SKINNY WOMAN

Dirty dishes. Leftover food. Smelly mats. Damp towels. Pirated CDs. Dirty clothes scattered all over. Medicine. A shrine to the Santa Muerte. Black candles. The Seven Powers of Santería.  A toilet overflowing with crap.

It’s the inside of the house located on the rise of the El Diamante ranch. In this place, about two kilometers from the police station and town hall of Tres Valles, twenty-four men and seven women were murdered. How was it possible to massacre so many people so near to the police station?

Until a few days ago the inhabitants were a group of hitmen. They got into the ranch through a breach that runs from the city, along railway tracks, through groves of trees and a red clay trail.

Inside the building, what causes most fear is the image of the Santa Muerte.  It’s clearly a copy of Michelangelo’s Pietà, with Christ lying at the feet of the skinny woman.

The thirty-centimeter image is mounted on a box with a twenty-liter capacity. Around it are more than a dozen candles of the Seven Powers of Santería: Obatalá, Elegguá, Oggún, Orunlá, Yemayá, and Ochún.

More candles are placed inside the dwelling. They could be more than forty, or thirty-one. Perhaps the same number of victims buried in the clandestine cemetery.

Still inside, one finds chile, tomatoes, a frying pan filled with potatoes and sausage and on a chair, a saucepan filled with potatoes. They were about to eat. At present, the scant unofficial information provided by military sources doesn’t mention detainees, pointing to a timely escape.

The mats – from the National System for Overall Family Development (DIF) – stand out, strewn all over. It’s a mess left behind by officials who didn’t pay attention to a single detail: dozens of keys left behind beside the well – keys to houses, cars, drawers, and boxes. Keys that once belonged to the people dragged here and murdered.

 

POSSESSED

El Diamante is a watchtower: from its rise there’s a view of Tres Valles, and on the other side a meadow sown with fine, nourishing pasture. A sonorous ravine nearby snakes below the ranch, shaded by fruit trees.

Police reports call it an “abandoned ranch.” But its infrastructure looks in good shape.

In the town they confirm that it belonged to the late Fernando Cano Cano, a member of the Party of Institutional Revolution (PRI) and the first mayor of Tres Valles. Nobody can say how a group of murderers and death fanatics took over the ranch.

The difference between the last tenants and the owners is clear: they were very religious. In a corner, there’s a chapel to the Virgin of Juquila.

The Chapel to the Virgin of Juquila at El Diamante (Photo Credit: Ignacio Carvajal, Blog.expediente.mx)

Inside the three-by-three chapel, with an altar in the middle, and cubbyholes in its walls, are mats, used condoms, excrement. There are signs of frantic sex, wild nights, alcohol, torture, and decapitation.

The thugs used this place for everything but praying to Christ’s mother. Her images are no longer in the cubbyholes: they have been destroyed.

In the chapel, they didn’t leave flowers or candles to the Virgin. But they left bottles of whisky and a bag of bread rolls to Death. An offering.

 

HOPE LIVES ON

The smell of death rattles the nerves of all of Cosamaloapan and its neighboring villages. “I had to wash my clothes again because I’d hung them out to dry the day the bodies arrived. But the smell penetrated everything and it stinks,” relates one of the people who lives by the morgue here in Cosamaloapan.

The smell lingers in the air and pervades all of Cosamaloapan, penetrates the poorest neighborhoods, the low-income areas where there are the most cases of missing people.

“We came here from Xalapa [the state capital, 300 kilometers away], because we knew there were a bunch of dead people here and in our neighborhood four boys are missing. A truck blocked their path and took them,” says a woman, who along with the others, seems not to be made sick by the smell or the heat.

They are wives, mothers, aunts, grandparents or partners of disappeared people. For them, Cosamaloapan and the neighboring towns amount to a badly healed wound bursting with pus. They are desperate.

“Sometimes I just want to find her and be done with it. Tell me if she’s dead or whatever,” says one woman, whose daughter, Wendy Cruz, has been missing since May.

Her granddaughter, Wendy’s daughter, holds a photo of her mother: dressed in a red blouse and tight white pants. Just beside the Papaloapan River. The last time they saw her she was going to Alvarado to eat with a friend.

Wendy Cruz. Last Seen when she went to Alvarado for a meal with a friend. (Photo Credit: Ignacio Carvajal, Blog.expediente.mx)

Another family of women and children seeks shade under a fig tree. The oldest carries a photo of her sixteen-year old grandson who went to a party in Tuxtepec two weeks ago and never returned.

“They treated us very badly inside. We aren’t from here. We came from Oaxaca. Inside the morgue they told us we should deal with things in Oaxaca. They say there aren’t any bodies here. That they took them all to Xalapa,” says one of the women.

At some moment in the afternoon they could not wait any longer. They were huddled around the entryway where at least two stood waiting. They approached the slabs. They raised the sheet from one corpse and confirmed that it wasn’t their relative. They entered with fortitude. They left alone.

 

JOINED TOGETHER IN PAIN

On the Cosamaloapan-Acayucan highway, two hundred kilometers from the graves, a man enjoys some pineapple juice, happily looking at the cargo on his truck: twenty coffins.

The man has been informed about the region’s toughest news. “Clandestine Graves at El Diamante in Tres Valles.” Rather than being afraid, the funeral director in Cuenca del Papaloapan seems energized. He begins making calls to all his contacts, mostly those at the morgue, whom he rewards if they pass on the news to him first. He knows that the cargo he’s bringing from the Federal District won’t be of any use if he doesn’t hurry up and do the paperwork at Cosamaloapan’s deputy prosecutor’s office. “I don’t think they are going to be enough. We are going to have to ask for more,” said the driver.

Journalist Ignacio Carvajal reports from Veracruz. Follow him @nachopallaypaca on Twitter. This article was first published under the title, “El rancho del horror,” at blog.expediente.mx available at: http://blog.expediente.mx/nota.php?nId=6974#.U7NQUI1dVjY.

 

Translator Patrick Timmons is a human rights investigator and journalist. He edits the Mexican Journalism Translation Project (MxJTP), a quality selection of Spanish-language journalism about Latin America rendered into English. Follow him on Twitter @patricktimmons. The MxJTP has a FaceBook page: like it, here.

Torture in Mexico: Human Rights Organization Takes On Another Four Torture Cases from Ciudad Juárez (Martín Orquiz, El Diario de Ciudad Juárez)

This article was first published in El Diario de Ciudad Juárez on 10 June 2014. It has been published without permission for the Mexican Journalism Translation Project (MxJTP).

Translator´s Note: The MxJTP is committed to translating articles about torture in Mexico. Along with the four new cases the subject of this article, the El Diario de Juárez also makes reference to the torture of the five people once accused of the 2010 car bomb in Ciudad Juárez. After more than three years in prison, those five torture victims were released in March 2014 – after they were released they interviewed about their experience by journalist Daniela Rea for newspaper El Universal. On a recent visit to Mexico, the UN Special Rapporteur on Torture – who did not visit Ciudad Juárez – confirmed that torture is “widespread” in the country. And, for over the past decade, AnimalPolítico confirmed that not a single public official has been punished for this serious crime. PT

 

Torture in Mexico: Human Rights Organization Takes On Another Four Torture Cases from Ciudad Juárez
By Martín Orquiz (El Diario de Ciudad Juárez)

Defense attorneys from the Center for Human Rights Paso del Norte (Centro de Derechos Humanos Paso del Norte, CDHPN) have four other cases similar to those accused of extortion and freed after a court agreed Monday that their confessions were obtained under torture.

And, according to the organization’s spokesperon, Carlos Murillo González, another eight case files are under evaluation to determine if they share characteristics required to take on their defense.

Until now, three cases exist where it has been proved that police officers tortured people to “confess” their participation in various criminal acts. Among these are the cases of five border residents who were accused of detonating a car bomb in 2012 but who were later accused of carrying arms, drug possession and of links to organized crime.

The fourth case was not publicised to the same extent, according to the spokesperson, but it did share the same characteristics as the others: those accused were young men living in neighborhoods on the outskirts of Ciudad Juárez, tortured to admit their participation in criminal activities.

Murillo González added that these cases all share various features: the alleged perpetrators were taken from their homes by police officers from different forces but their reports state the arrest took place elsewhere and under different conditions.

In the cases currently under discussion, Carlos Murillo expects them to be successful because each undergoes a rigorous selection process before the CDHPN takes on their defense.

The CDHPN spokesperson referred to brothers Juan Antonio and Jesús Iván Figueroa Gómez who, along with Misael Sánchez Frausto, have been imprisoned on charges of extortion for two years and five months. However, a court has annulled the evidence presented by the Public Prosecutor, determining that it was obtained through torture.

Another person accusd in the same case, the underage brother of the Figueroa Gómez was declared innocent for lack of proof in August 2013. All of these accused were arrested on 18 January 2012.

As recently as last March, the Federal Attorney General (PGR) withdrew the charges against the five men arrested and accused of involvement in detonating the 2010 car bomb.

Noé Fuentes Chavira, Rogelio Amaya Martínez, Víctor Manuel Martínez Rentería, Gustavo Martínez Rentería and Ricardo Fernández Lomelí were freed after more than three and a half years in prison.

These five men tested positive for torture under the Istanbul Protocol, a diagnostic tool used to assess if a person was subjected to torture or degrading treatment.

Newspaper sources establish that on their arrest they were accused of organized criminal membership, crimes against the health code for possession of marijuana, and having firearms reserved exclusively for the Armed Forces.

Murillo González mentioned that these cases have a documented modus operandi by police: officers arrive at homes and detain men whom they consider belong to gangs.

“Those arrested are young and poor, that’s the way the police works,” he added.

In regards accusations of torture used for self-incrimination, Murillo González said that another four cases are still pending and another eight are in a CDHPN review process: each case is submitted to a selection process that can take several months to see if the human rights organization can take on their defense or not.

Among the people that the CDHPN is currently defending are those accused of extortion, robbery and belonging to organized crime.

Yet there are still many others who come to the CDHPN to request information, looking for help, Murillo González says. These people often decide not to continue with their cases because they are subject to police violence, receive threats, and refuse to go further. The CDHPN only acts when those affected want to file a formal complaint.

“They come for help but they don’t want to follow any further steps. But we’ve been able to put together a systematic view of the way the police work, they way they attack certain social groups, mostly against youth from poor neighborhoods,” he said.

The police officers, he added, arrest somebody and force them through illegal means to say who their accomplices were, then forcing them to identify them.

“At any hour of the day or night they invade their homes and remove the youth who are implicated. Then they use torture to make them confess, and this practice is something we frequently see,” he specified.

Murillo González, who is a sociologist, mentioned that on average each week about two or three people seek out psychological assistance because they have been experiencing threats or torture by the police. They tend to ask for help but then they don’t go any further.

There is no set protocol for the cases that the CDHPN accepts, but they do share the following features: the affected come from a vulnerable group and, if torture occurred, the CDHPN reviews the testimony to see if they coincide with the facts and they even investigate the person’s trustworthiness.

“We are accused of defending criminals, but we defend human dignity,” Murillo González emphasized during the interview. “It falls to the authorities to prove what the accused did; to us they are innocent.”

Journalist Martín Orquiz reports for El Diario de Ciudad Juárez. This article was first published with the title, “Defiende organización otros 4 casos de tortura,” and is available at: http://diario.mx/Local/2014-06-10_b9a41638/defiende-organizacion-otros-4-casos-de-tortura/.

Translator Patrick Timmons is a human rights investigator and journalist. He edits the Mexican Journalism Translation Project (MxJTP), a quality selection of Spanish-language journalism about Latin America rendered into English. Follow him on Twitter @patricktimmons. The MxJTP has a FaceBook page: like it, here.

My Country, You Are Watching Me Leave (Rodrigo Soberanes Santín, En El Camino, Periodistas de a Pie)

This story is part of a series produced by En El Camino by Periodistas de a Pie, and funded by the Open Society Foundations. It has been translated pro bono, and without permission, by the Mexican Journalism Translation Project.

My Country, You Are Watching Me Leave
By Rodrigo Soberanes Santín (En El Camino, Periodistas de a Pie) 

What lies behind the numbers of tens of thousands of migrants who cross the border each year? Statistics suggest that people in their tens of thousands cross into Mexico without migratory documents – mostly from Honduras. But these figures don’t explain the reasons behind the exodus, for the misery and violence that permeate their countries of origin. For those who have left, and for those about to leave, the absence of the future leaves them with few options: stay to die a slow death, or risk their lives in a hellish journey.

Progreso, Honduras.- José Luis places his artificial limb on his leg, puts on his shirt with only one sleeve, and places a bandana around the only finger on the only hand he still has from that day in the Mexican desert.

He opens the door, passes the ongoing construction site that one day, he says, will house his family when he is married, and goes out into the street in search of a family that has a story of migration to tell him. He is president of the Association of Migrant Returnees with a Disability (Asociación de Migrantes Retornados con Discapacidad), and he has a remarkable interest in familiarizing himself with all the cases of forced migration from his country; he offers himself as a guide to know their stories.

For many years, José Luis has been well known in this city. Famous at one time for his talent singing rancheros and religious songs, eight years ago he lost his arm, a leg, and four fingers when he fell from a cargo train. It was his second attempt to reach the United States as an undocumented migrant. That’s who he was when he came back to Progreso and so he became involved in accompanying those who experienced the same thing he had lived through.

José Luis, on a walk around Progreso

Honduras, his country, is the place most Central American migrants leave to go north. The flow of migration from Honduras has the greatest human cost in the world. Progreso, his city, is one of Honduras’s principal manufacturers of manpower ready to undertake the journey.

The journey north seems to be everywhere but above all else in those places where the exodus begins. When the drivers and their helpers have enough passengers, the buses parked in the city’s dilapidated central bus station can leave. The first buses to go are those for San Pedro Sula, a good place to leave the country. Then, when they enter Mexico, they are in the land of murders, fatal accidents, kidnappings and disappearances.

The Mesoamerican Migrant Movement labels the region the place of “migrant genocide.”

Before 1998, when Hurricane Mitch destroyed Honduras, Progreso was a place that attracted workers from the country’s south because of its banana industry and its factories. Today, its streets bear the marks of what forced migration gives and takes: houses constructed from material but with fractured families; small businesses and fast food restaurants that mingle with this place’s customs; places to receive Western Union remittances that spring up like businesses mining migrants’ savings.

A walk around Progreso’s streets and one finds Claro telephone stalls belonging to Mexican business magnate, Carlos Slim, and brimming with clients complaining about the poor service. Further on, in the dusty peripheral neighborhoods, residents leaving work avoid the darkness so they won’t be assaulted. Day laborers from the last of the banana plantations, industrial workers, taxis, office workers, and the unemployed – all of them are somehow linked to migration.

“Most of them were, or will be, migrants,” says Javier, a factory worker.

His eleven year-old grandson Anthony is with him and asks, “Is Honduras beautiful?” He replies that it’s not because “anybody can pull a pistol on you.”

It won’t do anything for Anthony to remember all the beautiful things about his country. Neither the Copán ruins, nor the Caribbean port of Puerto Cortés, nor the marvels of the sea around Atlántido, and not even the impressive mountain ranges of Santa Bárbara. He is growing up in a crumbling country.

Meanwhile, surefooted, and dextrously dominating his prosthetic leg that hangs halfway down his right thigh, José Luis walks under the intense Honduran sun, pointing at the houses built with dollars from migrants’ remittances, the country’s principle source of income.

They are houses that break the mold, built according to their owner’s criteria. They have painted walls, space for a car, for several rooms and they are covered with anti-theft devices. Each house represents a survival story. More light enters their windows.

“There are a ton of houses built thanks to migrants’ remittances, those who risk their lives on the journey. Here in Progreso, and especially in this neighborhood are the roots of migration, where there are orphans because parents left and there’s significant family disintegration because of migration,” says José Luis.

In the same block there are other houses that are concrete blocks with plastic roofs, built by Honduras’s government through its social housing program. These are the homes where nobody sends back remittances.

Karla lives in one of these houses. She’s seventeen years old. She still hasn’t left.

Yet.

If she migrates, Karla is most afraid of being kidnapped.

THE COUNTRY THAT WAS

Guido Eguiguren, a sociologist from the Association of Judges for Democracy (Asociación de Jueces por la Democracia), a Honduran human rights defender, explains forced migration in his country taking place after Hurricane Mitch, in October 1998.

“The hurricane didn’t just physically destroy the country, its infrastructure, and thousands of lives. It also showed the world a country it barely knew, with a staggering level of inequality, a country forgotten by the world of development and cooperation. A country known for the nasty role it played in the 1980s acting as the United States’ aircraft carrier.”

While El Salvador and Nicaragua were battered by civil war, Honduras lent its territory to train the armed forces of the governments of those countries.

Honduras is a country of poor people where 66.5 percent of its residents do not have sufficient income to feed themselves. It’s also an unequal country that spits on people like José Luis or Karla as they look for ways to survive: 10 percent of the richest people in the country have an income equal to that of 80 percent of its low-income population.

Honduras shares first place with Guatemala and El Salvador for pushing out migrants to Mexico, and it takes first place in the divide between rich and poor. In terms of inequality in the Latin American region, Honduras take third place, Guatemala is in fourth, and El Salvador comes in at number seven.

Central America, undermined by poverty and violence

Nobody knows for certain how many Hondurans leave their country each year, and it’s a figure that the government does not want to give out. The rough estimate by the Catholic Church’s Pastoral for Human Movement comes from counting the numbers of people deported from Mexico and the United States: in 2013 it was 72,000 Hondurans, including children and babies.

From Monday to Friday, deportees arrive in two airplanes every day at the Center for Returnee Migrants (Centro de Atención al Migrante Retornado, CMAR) at the San Pedro Sula airport, 30 kilometers from Progreso. Men and women get off the planes who left the country free and who come back with their feet bound in tape, their wrists in chains, and with a half-empty sack as their only baggage.

They walk a few steps on leaving the plane, look around from side to side and leave the airport terminal. In a few days, maybe at that very moment, they will undertake the journey back, starting from scratch.

José Luis, who is normally a chatterbox, keeps silent when he sees them arrive, recently unbound and thankful that their country greets them with a “baleada,” a meager flour tortilla covered in beans.

It’s a brutal brush with reality. When they return they are even poorer, more vulnerable, and more exposed to the violence that forced them to flee in the first place.

 

THE COUNTRY THAT IS

José Luis lives in a street in the San Jorge neighborhood, a barrio established by Jesuit missionaries at the beginning of the last decade after Hurricane Mitch “positioned” itself for a day and a half over Honduras, inundating the country with the water and wind of a category five hurricane, the most furious of them all.

Today San Jorge is controlled by two spies (“banderistas”) of the Mara Salvatrucha who report to their bosses who comes and goes. Its four entrances are guarded by the “güirros”, some young men recruited by the Maras and armed with pistols that scare everybody. Instructions from the underworld that extend throughout Progreso come from the hill above, behind an imaginary curtain that marks the barrios’ borders.

Manuel de Jesús Suárez, communications officer of the team of Reflection, Investigation and Communication, an organization that tries to understand the causes of migration from Honduras speaks about the country it is now.

Previously, migration used to occur as an escape from poverty. Today it is a way of saving one’s life, escaping from the daily violence that is permanently in the street, house, and in the Honduran government.

“The causes of migration are not conjunctural but structural, meaning the lack of work and decent salaries, access to health, to education, to housing. Now the other phenomenon is violence, organized crime, and the drug business shaping the country’s structure. The causes are a cyst in the system. They are there. The system makes it so that the majority of the poorest men and women remain excluded and so they leave,” he explains.

Manuel de Jesús, a man of more than 50 years old, knows this history well. He was born in Progreso and he has seen the collapse of the factories and the banana plantations, along with the arrival of the U.S. fast food outlets that spew out their greasy odor in the chaotic streets at the heart of the city. Wendy’s outlets, Burger Kings and Pizza Huts – all have armed guards with shotguns stationed inside their branches.

In 2013, 9,453 people died in Honduras for “external reasons”, meaning they were victims of violence. Of these 71.5 percent were murdered. In this country where an undeclared war rages, 563 people die each month. That’s nineteen deaths every day.

These numbers mark Honduras with the highest homicide rate in the world.

Viridiana wants to flee Honduras

 

DISPOSSESSION AND DERELICTION

José Luis walks Progreso’s streets with mastery on his only leg. The sounds of radios drift from the windows of houses. Radio Progreso was established by Jesuits. On a Sunday program serving as catharsis to confront the abandonment, the station covers work problems, neighborhood violence, the educational system, human rights and migration.

The signal that can be heard from these windows accompanies people whose families have been broken. A migrant comes on the air to tell how, when he left Honduras, “another cock feathered his wife” and his wife left him. The calls keep on coming. Mostly on the radio one hears about those who live or lived with some consequence of forced migration.

The presenters on the Sunday program are Rosa Nelly Santos and Marcia Martínez, members of the Committee of Relatives of Disappeared Migrants (Cofamipro), and on this occasion they are talking about family disintegration. Before moving to a break in the program, Rosa Nelly announced the tune Hermano Migrante (Fellow Migrant) by Natividad Herrera who sings, “Return soon and enjoy what’s yours / forget the crying and all that pain.”

Return home; fill the towns with people that migration took north. Progreso, like many communities and barrios in Central America has been slowly emptied in the past year. Houses remain behind, sometimes empty, but most half inhabited.

Behind every door and window lie fractured stories.

Floridalma’s House: She hides behind its walls.

 

Teodora stays behind

 

LIFE, MUTILATED

The year was 2005, and it was José Luis’s second attempt at going to the United States. He and his friend Selvi took nineteen days to reach northern Mexico; those days were uneventful. They traveled from Progreso without stopping. They took the train in Tapachula, Mexico. They arrived in Chihuahua. They were going to cross the border at Ciudad Juárez-El Paso.

For José Luis, the success of the journey consisted in not leaving his friend while he slept on the train. He annoyed him. He spoke to him. He made him angry and he kicked him. He didn’t want him to fall asleep.

José Luis – a good footballer, guitar player, and fan of fishing in the Ulúa River bordering Progreso – sat beside the train wagon’s gears and stretched forward to tie a shoe. Strange thing: sweat covered the whole of his neck to the top of his head. He had never been in the desert. The train entered the city of Delicias and José Luis blinked.

“Suddenly things went dark and I fell. I fainted from the dry, June heat. The train severed my leg. Then I put out my arm because I couldn’t free my leg and it cut that off, too. I put out my other arm and the train wheel squashed it.

Silvi, his friend, did not realize what had happened until kilometers further on when he noticed blood covering the train wheels. He thought he was dead. He now lives in the United States where he has started a family. In the south, his friend remained behind: the man who took care of him on the train and who now moves around the streets on one leg, balancing on the arm left him by La Bestia.

 

Texts in Spanish: Rodrigo Soberanes Santín, for Periodistas de a Píe
I am a reporter who travels all around, mostly in Veracruz, Mexico, a good place for my job. Stories have to be brought out from nooks and crannies, and brought to the surface, like kites. Currently I work with Noticias MVS, Associated Press, Diario 19, and Jornada Veracruz.

Images: Moysés Zuñiga Santiago, for Periodistas de a Píe
A photojournalist from Chiapas interested in the struggle of indigenous communities and migration across Mexico’s southern border. I work with La Jornada, AP, Reuters and AFP. My work has been shown in New York University in 2010 and 2013. I traveled with young people like myself crossing the border in search of opportunity, taking personal stories with me that let me journey beside them. I do this work because of that; I want to make extreme situations of violence visible so that these situations don’t occur and people don’t die.

Images: Prometeo Lucero, for Periodistas de a Píe
Freelance journalist focused on human rights issues, migration, and the environment. I have collaborated with La Jornada, the Expansion group, Proceso, Desacatos, Biodiversidad Sustento y Culturas, Letras Libres, Variopinto, and among other agencies, Latitudes Press, Zuma Press, AP, and Reuters. My photojournalism appears in books such as 72migrantes (Almadía, 2011), Secretaría de Educación Pública (2010); Altares y Ofrendas en México (2010); Cartografías Disidentes (Aecid, 2008) and I have been published in other books: “Dignas: Voces de defensoras de derechos humanos” (2012) and “Acompañando la Esperanza” (2013). I was a finalist in the competition, “Rostros de la Discriminación” (México, 2012), “Los Trabajos y los Días” (Colombia, 2013) and “Hasselblad Masters” (2014).

Translation into English: Patrick Timmons, for the MxJTP
Is a human rights investigator, historian, and journalist. Follow his activities on Twitter @patricktimmons. Timmons has publications — translations, articles, or reviews — in the Tico Times (Costa Rica), El País in English (Spain), CounterPunch (USA), The Texas Observer (USA), The Latin American Research Review (USA & Canada), and the Radical History Review (USA). A graduate of the London School of Economics and Political Science (1996), Timmons holds three advanced university degrees: a Master’s in Latin American Studies from the University of Cambridge, UK (1998); a Ph.D. in Latin American History from the University of Texas at Austin, USA (2004); and, a Master’s in International Human Rights Law from the University of Essex, UK (2013).

Mother’s Pride (Javier Valdez Cárdenas, RíoDoce)

This article was first published in RíoDoce on 27 April 2014. It has been translated without permission for the Mexican Journalism Translation Project (MxJTP).

Mother’s Pride
by Javier Valdez Cárdenas (RíoDoce)

His mother followed him everywhere. At secondary school, she pulled him from the lure of the smokers, the ones who had already started to swig from bottles, downing beer. She pushed him to study, goading him to improve his grades. She made him do chores so he wouldn’t hang out in the street.

The years passed. The ones who once smoked Raleighs now hit on weed and listened to AC/DC. The pungent smell of pot traveled in the air, permeated patios, bedrooms, the primary school, and basketball courts. His mother still followed him around, pulling him away from them. She did it for him and when she did it she never said a word. She took him by the arm and tugged at him, dragging him home to the living room, sitting him down on the couch. She told him off. Curtly.

Study. Work. Get a hold of yourself, Betito. That’s what his thirty-year old mother told him. She still looked like she was twenty-five. Selfless. Undergraduate and postgraduate degrees. A housewife and university professor. At work she acted like a professional but at home she was a mother.

Betito hit back, dug his heels into the floor. Kicking the sofa and the little wooden table, punching the door. You’re always moaning at me. Get out your homework and do better at school. Bring yourself down a peg, he warned. But she didn’t calm down: he came out with a handgun that she saw immediately. She took the gun and in minutes she had disarmed it, put it in the trash. Then she threw it out.

Betito was dumbstruck, mouth ajar. His mother knew about guns. A few days later he came home. She found him with a bag with white powder. She hid it. He didn’t know where. The next day, Betito desperately hunted for it. He threw himself on the ground and began to wail. Mom, if I don’t hand it over, they’re going to kill me. It was worth a lot of money. She warned him what would happen. When she finished, he promised her that he would leave it all behind.

One day his boss called him. The big cheese needs to see us. We’re owed a bonus and so we’re going to see the old guy. The gang got into the truck and the boss looked them all over. We’re going unarmed, he said. Surprisingly, he told Betito to get out. Why? Kid, your mother always looks for you. We’ll catch you later. He cursed his mother. He kicked and screamed.

He didn’t go home for two days and then some. He disappeared with his friends, drowning himself in bottles: downing one after another, then another. When he finally went home, his mother kissed him, rapidly smothering his cheeks and his forehead. Back in the living room they learned that everybody from the truck had turned up that morning, beheaded. He left the gang. And went back to school. But she still followed him around.

Journalist Javier Valdez Cárdenas is the founding editor of RíoDoce, an online news outlet based in Culiacán, Sinaloa. He is the author of various books, including Con la Granada en la Boca (Aguilar, 2014). This column was first published under the title, “A toda madre,” and is available at: http://riodoce.mx/noticias/columnas/malayerba/toda-madre.

Translator Patrick Timmons is a human rights investigator and journalist. He edits the Mexican Journalism Translation Project (MxJTP), a quality selection of Spanish-language journalism about Latin America rendered into English. Follow him on Twitter @patricktimmons.

Human Rights Abuse in Mexico: Widespread Torture in Mexico Confirmed by UN Special Rapporteur (Verónica Calderón, EL PAÍS)

This article was first published in El Pais on 2 May 2014. It has been translated without permission for the Mexican Journalism Translation Project (MxJTP).

Human Rights Abuse in Mexico: Widespread Torture in Mexico Confirmed by UN Special Rapporteur
by Verónica Calderón (EL PAÍS)

– The UN Special Rapporteur on Torture, Cruel, Inhuman and Degrading Treatment spent 12 days in Mexico, and confirms that almost “every Mexican police force” abuses detainees

Torture in Mexico is a widespread practice throughout almost all of the country’s police forces. Cases exist where a Mexican man or woman has been arrested by a plainclothes officer. Without a warrant. Officers have entered homes without a judge’s order, and relatives have been threatened. Then, they have been carried away. They have been blindfolded and insulted. They have been beaten. With fists, with feet. Kicked. They have bee prodded with a cowpoke, an instrument used to administer electric shocks on the genitals. It’s also possible they have suffered some type of sexual violence. In some cases they have been paraded before the media as criminals, even without judicial proceedings. And sometimes they have not even been allowed to speak with their defense attorney. That’s the substance of complaints gathered by the UN Special Rapporteur on Torture, preliminary conclusions delivered in Mexico City this Friday as he finishes an almost two-week visit to the country.

“I have the obligation to tell the Mexican Government, and also Mexican society, that there is an endemic type of torture here that must be corrected,” the Special Rapporteur announced. This devastating diagnosis is the product of a 12-day visit that he called “intense, but productive.” He interviewed officials, civil society, and victims. He visited prisons, a psychiatric institution, a juvenile detention facility and a migrant detention center. He visited the Federal District and the State of Mexico, in the center of the country; Nayarit, on the Pacific Coast; Nuevo León, in the northeast; Chiapas, on the border with Central America and Baja California Norte, his last stop, in the far northwest, on the border with the United States.

He acknowledged the Government’s cooperation as he set about his work, but he lamented that, in a single incident, he was denied access to the Nuevo León’s State Prosecutor’s Office, “especially since I received several complaints of torture committed right there.” The accusations he received during his visit, he clarified, are against almost “all the forces that make arrests in this country.” This comment includes municipal, state, and federal police forces, the Army, and the Navy.

Mexico is one of the few countries in the world where a detainee is guilty until he can prove otherwise. Responding to a reporter’s question, the Special Rapporteur emphasized that he had criticized the Mexican security forces’ practice of parading detainees, presumed guilty, in front of the media without any type of criminal proceedings against them or granting them access to their defense attorney. Méndez called the practice “a humiliation.” The World Justice Project, an NGO dedicated to studying respect for the rule of law, ranks Mexico 79th out of 99 countries. Above Mexico, for example, are China, Kazakhstan, Albania, Burkina Faso and Ecuador.

Even though the Special Rapporteur insisted on the “complexity” of determining whether torture affected a social group in particular, he did clarify that the worst affected were the country’s most vulnerable: the poor, indigenous people, women, and adolescents. He insisted about the seriousness of the problem: “In Mexico there still exists a widespread use of torture and mistreatment.”

The UN Special Rapporteur said that he felt “alarmed” by the “ongoing militarization” of some regions of the country and he lamented that his visit did not include other states where he had received complaints of torture, like Guerrero, Tamaulipas, Oaxaca, and Michoacán.

The UN official also announced that the majority of cases of torture remain “completely unpunished”, and many of these crimes or complaints are stranded in judicial proceedings. “There are dozens, scores of delayed processes.” He also said he was preoccupied by the creation of a new crime such as “abuse by authorities,” a crime punished in Mexico of up to eight years in prison; he confirmed that in reality this crime hides those who are responsible for torture and who actually warrant more severe punishment.

His final report will be delivered to the federal government in three or four weeks and will come accompanied with a series of private recommendations to the executive branch headed by President Enrique Peña Nieto (Institutional Revolutionary Party, PRI).

The Special Rapporteur thanked the Mexican Government for its invitation, and for the “excellent support” that it had provided him throughout his work. “I would have liked to say that torture is isolated in Mexico […] that it’s an aberration that can be corrected quickly… but it is in the process of being corrected,” he concluded.

JournalistVerónica Calderón reports from Mexico for El País. Follow Calderón on Twitter @veronicacalderon. This story first appeared with the title, ““Naciones Unidas afirma que la tortura en México es ‘generalizada’” available at: http://internacional.elpais.com/internacional/2014/05/03/actualidad/1399075278_040694.html.

Translator Patrick Timmons is a human rights investigator and journalist. He edits the Mexican Journalism Translation Project (MxJTP), a quality selection of Spanish-language journalism about Latin America rendered into English. Follow him on Twitter @patricktimmons.

Human Rights Abuse in Mexico: A Decade Without a Single Public Official Guilty of the Crime of Torture (Tania L. Montalvo, ANIMALPOLÍTCO)

This article was published on 24 April 2014 in AnimalPolítico. It has been translated without permission for the Mexican Journalism Translation Project (MxJTP).

Human Rights Abuse in Mexico: A Decade Without a Single Public Official Guilty of the Crime of Torture
By Tania L. Montalvo (ANIMALPOLÍTCO)

– Investigations Exist but no Punishment for Public Officials in either Military or Civilian Jurisdictions

Over the past decade — and in response to public information requests — figures provided by the Federal Attorney General (PGR) and the Ministry of Defense (SEDENA) show that not a single official has been published for the crime of torture, neither in civil nor military jurisdictions.

The PGR’s General Inspector confirmed that from 2002 to 2012 there have only been 39 preliminary investigations into torture and that there have been no criminal proceedings or warrants issued.

According to the Military Prosecutor, since 2002 – and until the 2012 Supreme Court decision to impose limits on military jurisdiction – there were 142 preliminary investigations for “violence causing torture” and another 821 similar proceedings for “violence causing wounds” which might include torture. But of these 963 investigations, only six went to trial, and resulted in no criminal punishment.

The Ministry of Defense responded to a request for public information presented by the Tlachinollan Human Rights Center, Guerrero.

Notwithstanding these figures, Mexico’s National Human Rights Commission (CNDH) confirmed last October that between 2006 and 2012 there have been at least 7,253 cases of torture. SEDENA and the PGR are the federal agencies with most complaints against them for torture.

According to information from the CNDH, between 2000 and 2012 the Army was responsible for 75 cases of torture and 3,580 cases of cruel treatment. Meanwhile, the PGR is responsible for 34 cases of torture and 2,025 cases of cruel treatment.

No Protocols, No Effective Investigations

When Tlachinollan met with Juan E. Méndez, UN Special Rapporteur on Torture – who is visiting Mexico from 21 April until 2 May to evaluate the crime of torture in Mexico – the human rights organization explained that Mexico does not have protocols to avoid torture during detention. Nor does Mexico hold investigations as a way to protect victims.

SEDENA responded to another of Tlachinollan’s public information requests by saying that either protocols or mechanisms to help safeguard the physical integrity of the detained “do not exist.”

The PGR, for its part, confirmed that in torture investigations it applies a specialized Medical/Psychological Checklist, an adaptation of the Istanbul Protocol, an internationally validated test to determine if a person was the victim of torture and cruel treatment.

From 2002 to 2012, the PGR applied the Checklist on 302 occasions and in 42.3% of those cases it could determine “the existence of wounds possible derived from torture and/or mistreatment.” No penal sentences resulted against those responsible.

Civil society organizations have demanded that the Attorney General allow independent, expert application of the Istanbul Protocol, something the PGR rejects. Civil society organizations say that the Attorney General is not an impartial judge of whether its agents have committed torture.

Using the CNDH’s figures, Tlachinollan has pointed out that during Felipe Calderón’s period in office (2006 to 2012) complaints for human rights violations rose 453 percent, with a 235 percent increase specifically for the crime of torture.

Mexico is party to various international instruments to combat and abolish torture, such as the Convention Against Torture and Other Inhuman, Degrading, or Cruel Treatment. Mexico’s Constitution also prohibits these practices under Articles 19, 20, and 22.

Journalist Tania L. Montalvo reports for AnimalPolítico. This article first appeared in Spanish under the title, “Diez años sin un solo culpable por el delito de tortura,” available at: http://www.animalpolitico.com/2014/04/diez-anos-sin-un-solo-culpable-por-el-delito-de-tortura/#ixzz2ztSYK3aH.

Translator Patrick Timmons is a human rights investigator and journalist. He edits the Mexican Journalism Translation Project (MxJTP), a quality selection of Spanish-language journalism about Latin America rendered into English. Follow him on Twitter @patricktimmons.