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Mexicos Torture Issues

Sarah Bodmer

World Studies
Ms. Coble
May 6, 2016

I.

Current Issues in Mexico

Just four months ago, Mexico released two torture victims who had been kept away from
their families for years. Amnesty International, an active human rights protection organization,

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quotes, Bus driver and father of four, Adrin Vsquez was released in the early morning of 2
December from prison near Tijuana, more than three years after he was arrested and tortured by
state police and accused of being a high-level drug trafficker.1 Hours after Adrian was released,
another victim of ill treatment, Cristel Pia, a 25-year-old mother of two, was released from a
prison in Ciudad Jurez after being brutally beaten and tortured through sexual violence for more
than two years. She was only released after she agreed to confess her involvement in extortion on
video recording.2
Apart from the torture induced confessions, there are many other types of violence going
on in Mexico. Most of the violence is related to the drug wars. There were 47,268 deaths from
drug-related violence from 2006 to 2012, and there were 6,906 deaths in 2013 alone.3 Along with
the deaths came multiple disappearances. According to Mexicos Ministry of the Interior, there
were 26,121 disappearances between 2006 to 2012.4 The majority of those who disappeared were
part of the working class.5 This violence affects everyone, but the effects depend on ones
economic position and political influence. The wealthier often have greater access to justice than
those who are poor.6 People who have money are closer to the government and can buy their way
out of crimes, proving the poor leadership of the government.
1"Mexico's Injustices Fall like Dominoes as Two Torture Victims Released in 24 Hours Due to

Illegal Evidence." Amnesty International USA. Accessed April 08, 2016.


2 Ibid
3 NACLA Report on the Americas. "Criminal Violence and Social Control." March 22, 2014.

Accessed March 23
4 "Mexico Reports More than 26,000 Missing." CNN. Accessed April 20, 2016.
5 Ibid
6 NACLA Report on the Americas. "Criminal Violence and Social Control." March 22, 2014.

Accessed March 23

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Mexico is currently in a state of chaos and violence that has created an atmosphere of
fear. People in Mexico have limited freedom of expression. Those who express themselves often
face violence, torture, and harassment, because the government censors what they say. Even
more surprising, judges allow confessions obtained through torture even though it violates the
human right that no one should be subjected to any sort of inhumane treatment. All people are
born with the same human rights, and these rights should not be violated even if the person is a
criminal. All people should have the right to safety, expression, or life. Victims of torture were
forced into making confessions that may or may not have been true. The government wants
forced confessions in efforts to create a more lucrative reputation for Mexico, when in reality,
they use inhumane methods to try to fight the violence. This treatment towards people is not only
unfair, but it is the most cruel and extreme form of violence, resulting in both physical and
psychological consequences. Torture is ineffective for obtaining reliable information in
interrogation and is more likely to provide faulty intelligence. In order to justify acts of torture,
Mexico calls it an effective way to obtain critical information, when in fact, it is the exact
opposite. Torture is intended to break ones spirit as a method of punishment or a way to show
control. These methods cause long-lasting harm to victims and survivors.
II.

Historical Background

Former Mexican President, Felipe Calderon, launched a massive track-down on drug


trafficking organizations, which escalated a conflict leading to the deaths and disappearances of
thousands of people. According to the EFE World News Service, Mexico torture cases have
increased by 500 percent for the past 6 years of President Felipe Calderons administration.7
Calderon tried to battle drug traffickers by increasing the role of the military in local security
7 EFE World News Service. "Torture Cases Surge in Mexico under Calderon, Rights Groups

Say." October 30, 2012. Accessed March 23, 2016.

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efforts. He used torture on cartel leaders as a method to obtain confessions. Calderon thought that
it was worth violating their human rights if their confessions, whether true or not, would help
solve the drug problem and lower the crime rate for the country. His strategy though cruel and
brutal, has killed and captured twenty-five of the top thirty-seven most-wanted drug kingpins in
Mexico. Similarly, according to Anadolu Agency (AA), torture cases in Mexico have surged 600
percent during a ten year period.8 By moving the countrys army all over Mexico to combat
organized crime, there has been an increase in torture. Amnesty International says that between
2003 and 2013, torture cases have exploded across the country due to deployment of military to
fight organized crime.9 In both cases, Mexicos torture situation has not improved.
Today, Mexico is the largest foreign supplier of heroin and marijuana. Production of all
these drugs have increased since 2005, according to the U.S. Department of Justice.10 Mexico
drug cartels have split up, formed alliances, fought over territory, and slowly evolved into a more
prominent issue. Corruption and weakness in the Mexican government has allowed such drug
trade to flourish. Police are easily bought and bribed, partly because of their meager earnings
which are about $9,000 - $10,000 each year.11 An underpaid officer could double or triple his
salary by simply agreeing to look the other way while controlling the overall volume and flow
of operations.12 Such weakness in the police sector has allowed the drug wars to remain
8 Anadolu Agency (AA). "Mexico Torture Cases Increase 600 Percent in 10 Years." September

10, 2014. Accessed March 23, 2016.


9 Ibid
10 US Department of Justice. "National Drug Threat Assessment Summary." Dea.gov. 2013.

Accessed May 5, 2016.


11 Lee, Brianna. "Mexico's Drug War." Council on Foreign Relations. March 5, 2014. Accessed

May 06, 2016.


12 Ibid

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unresolved and people to buy their way to justice. Thus, because of the drug wars, there is
torture.
One major cause to this Mexicos corruption is the U.S. drug and gun control policies.
The U.S. Mexico border has the most intensive traffic in the world. According to the Huffington
Post, That traffic thrives on the differences between the two nations: if labor is cheaper on one
side, workers cross. The same goes for every other commodity. And legal differences and cost of
services, too, produce border traffic.13 Also, the U.S. decided to criminalize the Mexican
economy that services its huge appetite for recreational drugs. This stimulates even more border
traffic. This border traffic has resulted in over 100,000 deaths and 22,000 disappearances since
the start of President Calderons drug war in 2006.14 The U.S. drug and gun policies are
responsible for the current day horrors of crime and corruption in Mexico, which is an official
cause to torture.
The local government has undertaken initiatives to improve its human rights record by
stopping the use of torture and ill treatment, which is the most common human rights violation in
Mexico. Some programs were created to promote human rights and prevent certain violations
while others aim to investigate violations. However, President Calderon was more focused on
stopping the drug trafficking with military forces, even if it meant that he had to violate human
rights.
III.

Modern Day Responses

Currently, Amnesty International holds a Stop Torture global campaign, Mexico being
one of its main focuses. Amnesty International calls on Mexican authorities to investigate all
13 Lomnitz, Claudio. "Three Causes Behind Mexico's Crisis of Corruption and Impunity." The

Huffington Post. Accessed March 28, 2016.


14 Ibid

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allegations of torture and other ill-treatment.15 As seen from before, detainees are most
vulnerable to torture from the police as they are forced into making confessions. Now, Amnesty
International wants Mexico to allow detainees to meet their families and get medical support if
needed.
Similarly, the United Nations provides suggestions for the Mexican Government to
reform. One suggestion being that Mexico get rid of certain judicial procedures that were
supposed to aid the government's fight against organized crime, but are actually contributing to
widespread abuse.16 A constitutional amendment called arraigo allows for suspects involved
in crime cases to be held for 80 days without being charged.17 Taking away the governments
power to use torture to obtain confessions will prevent detainees from being subdued to illtreatment. The government will not be able to use militant forces to stop organized crime. In that
case, some human rights can be protected. A Mena Report states that the improvement of a civil
society ability to assess human rights risks before violations are made would help the Mexico
human rights situation.18 Civil society refers to non-government people, so the report suggests
that families and regular people should evaluate the possible human rights risks before they make
their choices. The Report provides some good solutions to not only prevent violations but protect
human rights.
IV.

Recommendations

15 "Stop Torture: Mexico." Stop Torture: Mexico. Accessed March 26, 2016.
16 "The UN's Top Recommendations for Ending Torture in Mexico." The UN's Top

Recommendations for Ending Torture in Mexico. Accessed March 26, 2016.


17 Ibid
18 Mena Report. "Protecting Human Rights and Freedom of Expression in Mexico." December

10, 2014. Accessed March 23, 2016.

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There are a few recommendations that summarize ways to prevent torture in Mexico
socially, politically, and economically. The Mexican government should get rid of the arraigo
so that police officers cannot torture believed criminals into making confessions. The police
should instead focus on gathering evidence on organized crime to prove people guilty, rather than
resorting to use of torture. This itself would reduce the amount of human rights violations
significantly. Also, the government should allow their citizens to have more freedom of
expression to secure peace throughout the country. Though, there should be justified limits on
what could be said without facing consequences. This would reduce the climate of fear in
Mexico. Then, the U.S. and Mexico should combine forces to stop the border traffic and any
drug dealers. A reform of the government would be sufficient in helping Mexico solve its human
rights issues.
The U.N. definition of torture is intentionally broad.19 It is meant to encompass the
brutal and diverse array of different techniques that have been used to inflict pain on people. An
alternative approach at a definition might involve creating a list of practices of torture. Issues
with this type of approach is: First, the number of practices is limited by the sadistic imagination
of torturers, thus, no list would ever be complete. Second, torture techniques are used in
combinations, where different techniques are used simultaneously. Third, torturers might find
loopholes and manage to devise a novel method of inflicting pain and argue that it does not
constitute torture as it is not listed in the official definition. So, Mexico should follow the U.N.
example and broaden the term of torture to make it impossible for torturers to argue that their
practices are constitutional.

19 Miller, Gail H. "Defining Torture." Floersheimer Center for Constitutional Democracy.

Accessed May 5, 2016.

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Bibliography
"Mexico's Injustices Fall like Dominoes as Two Torture Victims Released in 24 Hours
Due to Illegal Evidence." Amnesty International USA. Accessed April 08, 2016.
NACLA Report on the Americas. "Criminal Violence and Social Control." March 22,
2014. Accessed March 23
"Mexico Reports More than 26,000 Missing." CNN. Accessed April 20, 2016.
NACLA Report on the Americas. "Criminal Violence and Social Control." March 22,
2014. Accessed March 23
EFE World News Service. "Torture Cases Surge in Mexico under Calderon, Rights
Groups Say." October 30, 2012. Accessed March 23, 2016.
US Department of Justice. "National Drug Threat Assessment Summary." Dea.gov. 2013.
Accessed May 5, 2016.
Anadolu Agency (AA). "Mexico Torture Cases Increase 600 Percent in 10 Years."
September 10, 2014. Accessed March 23, 2016.
Lee, Brianna. "Mexico's Drug War." Council on Foreign Relations. March 5, 2014.
Accessed May 06, 2016.
Lomnitz, Claudio. "Three Causes Behind Mexico's Crisis of Corruption and Impunity."
The Huffington Post. Accessed March 28, 2016.
"Stop Torture: Mexico." Stop Torture: Mexico. Accessed March 26, 2016.
"The UN's Top Recommendations for Ending Torture in Mexico." The UN's Top
Recommendations for Ending Torture in Mexico. Accessed March 26, 2016.

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Mena Report. "Protecting Human Rights and Freedom of Expression in Mexico."
December 10, 2014. Accessed March 23, 2016.
Miller, Gail H. "Defining Torture." Floersheimer Center for Constitutional Democracy.
Accessed May 5, 2016.

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