Mexico: Torture feeds corruption

Adrián Ramírez López. The past 40 years of neoliberalism in Mexico left a trail of violence and repression in their wake that led us to distort the judicial system to impose harsher punishments on alleged criminals. Sentences became more severe, abusive utilisation of pre-trial detention became widespread, and private prisons — for which depriving thousands and thousands of people of their freedom is big business — were built.

The country has 120 million inhabitants, and its incarcerated population has risen to 200,000 people.

Torture was a fundamental element of this neoliberal model. It made it possible to accuse innocent people or those who had committed minor offences, and pass them off as very dangerous criminals. This reinforced the age of terror our country was experiencing.

The arrival of the government of Manuel López Obrador three years ago created the possibility of changing this behavioural pattern, and federal authorities stopped the systematic practice of torture. However, at the municipal level and at certain institutions in the country, the practice of resorting to torture continues.

Torture is still a problem in prisons. Some guards and, above all, prisoners (with the authorities’ knowledge) carry out torture to extort other prisoners and their relatives. Unfortunately, it is difficult to spread awareness about this situation because all the incidents are made to look like fights or other types of confrontations between criminal groups inside the prisons.

It is also important to note that we have a severe backlog of torture victims because there is no reparation for damages; they are kept in prison, and the perpetrators are not held accountable. In 2021, the Mexican government issued a presidential decree in an attempt to correct this serious issue and compensate the victims. However, few people have been able to benefit from this proclamation because the government has acknowledged less than 5,000 torture cases. For this reason, we are demanding additional efforts be made.

ARL. The files for the criminal cases must be assembled and reviewed correctly because that is where the numerous irregularities corrupting the judiciary can be identified: arbitrary detention without arrest warrants, fabrication of evidence, self-incrimination by way of torture, false accusations (also through torture) and manipulation of media coverage of cases.

Torture cases can be identified through the use of the Istanbul Protocol, a United Nations procedure for effectively investigating torture and cruel, inhumane or degrading treatment. However, the application of this protocol for people deprived of their liberty is very limited because there are few experts on the subject.

If a case of torture is suspected, we recommend using our guide “Criterios mayores y menores para identificar casos de tortura y/o fabricación de culpables” (Major and Minor Criteria for Identifying Cases of Torture and/or Fabrication of Guilty Parties). One of the principal elements that must be verified is the time that transpires between the arrest and the moment in which the person is placed under the responsibility of the competent authorities. Another element that must be considered, which is less common now but still occurs, is the exposure of people to the media.

In some cases, the person admits—in front of the media—to committing the offenses to which they have been accused, without first giving a statement to the authorities.

Additionally, we recommend that medical examination records are meticulously prepared. It must not only be established that a person has physical injuries; they must also examine the person for signs and symptoms, describing their weight, size, vital signs, and clothing. They must also take photographs showing the entire body of the person they are examining.

ARL. We have a group called Actuar Familiares contra la Tortura (Family Members Taking Action against Torture) in which we give workshops to teach both victims and their relatives to advocate for themselves. To people who are deprived of their liberty, we recommend that they exercise, study, and work whenever possible. If they use drugs, we ask them to seek the help they need to quit. With family members, we strongly insist that they report all human rights violations that are committed against them, including cases where they are not permitted to bring in certain foods or articles of clothing during visits.

Aside from that, we are also working to increase knowledge of the Mandela Rules, which are also known as the United Nations Standard Minimum Rules for the Treatment of Prisoners. We are giving talks about the Tokyo Rules to spread awareness about alternative sentencing options and to bring an end to prison being the default option. In the same vein, we are launching campaigns and radio programmes, and we are coordinating with various organisations at both the national and international levels. For example, at the international level, we are involved in campaigns such as ¡¡Libres les Queremos!! ¡¡NadieSuelta la Mano de Nadie!! (We Want them to be Free!! No One Must Let Go of Anyone’s Hand!!), which was organised by the Coordinadora Americana por los Derechos de los Pueblos y las Personas Privadas de Libertad por Razones Políticas (American Coordinating Committee for the Rights of Peoples and Persons Deprived of Liberty for Political Reasons). Another example is our participation in the “for Freedom” campaigns in several countries.