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Disappeared: Justice Denied in Mexico’s Guerrero State
Disappeared: Justice Denied in Mexico’s Guerrero State
Table of Contents
  1. Executive Summary
Mexico is Already the Immigration 'Wall' Some Politicians Want
Mexico is Already the Immigration 'Wall' Some Politicians Want
March in Mexico City on 26 September 2015, marking the first anniversary of the 43 students’ disappearance. CRISIS GROUP/Martha Lozano
Report 55 / Latin America & Caribbean

Disappeared: Justice Denied in Mexico’s Guerrero State

Violence is up but impunity remains the norm in Guerrero, where the lines between organised crime and legitimate authority are often blurred. President Peña Nieto’s government must turn a new leaf and embrace new investigative bodies and international expertise capable of regaining the trust that Guerrero’s corrupted institutions have lost.

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Executive Summary

Horrific, unpunished human rights violations have blurred the lines between politics, government and crime in Mexico’s south-western Guerrero state. Drug gangs not only control the illegal heroin industry and prey on ordinary citizens through kidnapping and extortion, but have also penetrated, paralysed or intimidated institutions obligated to uphold democracy and rule of law. The disappearance of 43 students from the Ayotzinapa teaching college in September 2014 by police allegedly acting in league with gangsters was no anomaly. To break the cycle of violence, ensure justice for the disappeared and bring rule of law to an impoverished, turbulent region, the federal government must give prosecution of unsolved disappearances and other major human rights violations in Guerrero to an independent special prosecutor backed by an international investigative commission empowered to actively participate in the proceedings.

President Enrique Peña Nieto has recognised that his country faces a crisis of confidence. Despite an extraordinary expenditure of resources and personnel, the investigation into the Ayotzinapa disappearances has been riddled by mistakes and omissions, according to the September 2015 report of experts appointed by the Inter-American Commission on Human Rights (IACHR). Nearly two-thirds of the public nationwide does not believe the government’s version, and three-fourths disapproves of federal prosecutors’ work. Victims and human rights defenders have demanded a probe into possible obstruction. Distrust of authorities is so profound that these and other investigations into major human rights violations in Guerrero require the credibility conferred by international expertise.

The federal government on 19 October took an important step by agreeing to put a new team of prosecutors in charge of the case that is to work with the IACHR experts to incorporate their findings and recommendations into the investigation and jointly plan the inquiry going forward. The gravity of violence and corruption in Guerrero, however, calls for further action to assure the public that authorities are ready and willing to investigate and punish criminals who terrorise civilians and any government officials whose acts or omissions help or encourage them.

First, the Ayotzinapa cases should be given to a special prosecutor’s office led by a top attorney from outside government with experience in human rights litigation. It should also take over inquiries into other enforced disappearances and major human rights violations in Guerrero, with authority to open new lines of inquiry.

Secondly, these investigations should be assisted and monitored by an international commission, under the auspices of the Organization of American States (OAS) and/or the UN and composed of experts in criminal law and human rights. This commission should have authority to participate in criminal proceedings, with full access to evidence and witnesses. It should also work with victims and human rights groups to develop plans to assure accountability for abuses committed during counter-insurgency campaigns in the 1970s and compensation for survivors.

Most crimes still go unreported, and polls show that a majority of citizens distrusts both prosecutors and police. By holding inept, complicit or corrupt officials accountable, authorities can start to regain the citizen trust that is essential for effective law enforcement. Additionally, federal and state authorities should make ending impunity for serious human rights violations an integral part of Mexico’s ongoing effort to reform the justice system while purging and professionalising federal, state and local police forces.

The Ayotzinapa tragedy is not an isolated incident. The discovery of mass, unmarked graves in Guerrero, especially around Iguala, where the students disappeared, laid bare a gruesome pattern of more extensive unsolved killings. Nor is the problem limited to Iguala. The May 2015 abduction of more than a dozen people in Chilapa, where state and federal forces had taken security responsibility, showed that months after the students disappeared authorities remained unwilling or unable to act decisively to prevent and resolve such crimes.

Disappearances cast a long shadow over the justice system, an essential pillar for rule of law in any stable country. Mexico has more than 26,000 unsolved missing person cases, according to an official registry. The president has proposed a special prosecutor’s office to investigate these cases. This is positive, but unlikely to win public confidence given the magnitude of the issue. Mexico should open a debate about creating a national mechanism for resolving these cases and other major human rights violations, drawing upon the expertise and experience of both Mexican and foreign human rights defenders to uncover the truth, punish the perpetrators and support or compensate relatives of the victims.

Federal officials cite declining homicides over three years as an important achievement. But violence remains intense in states such as Guerrero, which in 2014 had the country’s highest homicide rate and where bloodshed is rising. Despite deployment of more federal police, homicides in the state rose 20 per cent in the first half of 2015. And official statistics may not reflect the true insecurity level in a state where some 94 per cent of all crimes go unreported. Impunity, even for homicide, is the norm. Over a decade, a recent study found, only about 7 per cent of Guerrero homicides have resulted in convictions. Nationally, another report said, about 16 per cent of registered homicides end in convictions.

President Peña Nieto vowed in November 2014 that “after Iguala, Mexico must change”. He can still make good on this, but only with decisive action to restore confidence by investigating and prosecuting emblematic cases, starting in Guerrero and continuing in other vulnerable states. By creating a hybrid investigative entity, the government would not only ensure an impartial inquiry, but also encourage transfer of skills from foreign specialists to Mexican prosecutors.

Guerrero’s tragedy is more than the failure of Mexican institutions. The criminals who terrorise its citizens derive much of their wealth from producing and transporting illegal drugs across the border. The U.S. has a clear interest in strengthening law enforcement and justice in the state that supplies much of the heroin that fuels its growing epidemic. Supporting strong, independent prosecutors with money and technical aid would bolster rule of law by demonstrating that neither violent criminals nor corrupt officials will go unpunished.

Mexico is Already the Immigration 'Wall' Some Politicians Want

Originally published in Los Angeles Times

“Mexico is a critical partner,” President Obama reminded reporters during a joint news conference with Mexican President Enrique Peña Nieto on July 22, “and is critically important to our own well-being.” The two presidents praised not only their countries’ immense cross-border trade but also bilateral collaboration on energy, the environment and counter-narcotics. Left unmentioned in their opening remarks was another crucial way Mexico is helping its northern neighbor: as a buffer between the U.S. and Central America’s Northern Triangle, where gang violence, chronic corruption and endemic poverty drives hundreds of thousands from their homes each year.

Two years after the flow of unaccompanied Central American children across the Rio Grande generated U.S. headlines, the humanitarian crisis continues.  Today it plays out mostly in Mexico, whose government has become the region’s “deporter-in-chief,” last year sending back 166,000 Central American migrants, including about 30,000 children, more than twice as many as the 75,000 deported from the United States. By detaining and deporting migrants, Mexico has in effect become the “wall” certain politicians are calling for — which of course does nothing to solve the underlying problems.

Over the past decade, Guatemala, Honduras and El Salvador have seen homicides spiral out of control, approaching levels of bloodshed last seen during the armed conflicts of the 1980s. Gangs dominate major cities and many smaller towns, forcing even the poor to pay extortion. Most chilling for families is the forced recruitment of young boys and girls.  Saying no to the gangs, say refugees interviewed along the border, would mean a death sentence.

The dangers do not end for those who manage to cross into Mexico. Undocumented migrants make perfect victims.  Fearful of authorities, they are highly unlikely to report even violent crimes, such as robbery or rape.  Groups specializing in extortion and kidnapping also know that many migrants have relatives in the United States who can be tapped for ransom money.

Irregular migration, swollen by forced displacement, ends up fueling organized crime and corruption.  No longer can a migrant pay guides – known as coyotes or polleros (chicken herders) – just enough to be smuggled across the US border. Now they must rely on networks that charge thousands of dollars to assure safe passage across territories controlled by various criminal bosses, while paying officials to look the other way.

Regional leaders are finally recognizing that the massive outflow of people from Central America is much more than migration as usual.  The United States has agreed to expand efforts to admit refugees directly from the region so they avoid a long, dangerous journey north. Under an initiative announced July 26, a program previously limited to the under-age children of Central Americans lawfully in the U.S. will now include siblings who are over 21, as well as caregivers. Those most vulnerable could be relocated in Costa Rica while awaiting approval for entry into the United States.

This initiative, however, is unlikely to discourage the hundreds of thousands of Central Americans who enter Mexico each year — in part because the country is no longer just a transit country, but also a destination in its own right. Petitions for refugee recognition have more than doubled, straining Mexico’s capacity to process them fairly and efficiently.  Although its refugee commission is offering asylum to a larger proportion of applicants, the numbers deemed eligible still represent only a fraction of those needing protection. 

In the long run, Central American governments must address the economic and institutional failings that turn young people into gangsters and end the impunity of both criminal leaders and corrupt officials.

In the immediate run, the United States should help its “critical partner” stop the cycle of deportation and re-migration by providing Mexico with the resources it needs to shelter asylum applicants, adjudicate their claims efficiently and fairly, and then resettle them where they can lead productive lives.