April 29, 2009

Uniform Impunity

Mexico's Misuse of Military Justice to Prosecute Abuses in Counternarcotics and Public Security Operations

I. Executive Summary
Note on Methodology
To President Calderón
To the Federal Attorney General
II. Mexico’s Laws on Military Justice
Overview of the Military Justice System
Applicability of Military Jurisdiction
Structural Deficiencies
The Military as Judge in Its Own Cause
Lack of Security of Tenure
Limited Civilian Oversight
Limited Transparency
III. A Pattern of Impunity
Enforced Disappearances during the “Dirty War”
The “Disappearance” of Rosendo Radilla
The Conflict in Chiapas
The Detention, Torture, and Rape of the González Pérez Sisters
Militarization of Guerrero
Illegal Detention and Torture of Environmentalist Peasants
The Rape of Inés Fernandez Ortega
The Rape of Valentina Rosendo Cantú
IV. An Ongoing Practice
Recent Abuses during Counternarcotics and Public Security Operations
Illegal Detention and Abuse of 36 Civilians and Rape of Four Girls
Illegal Detention of Eight Civilians and Torture of Four, including a Child
Killing of Two Women and Three Children and Wounding of Three Others
Illegal Detention and Torture of José Fausto Galvez Munguía
Illegal Detention and Torture of Oscar Cornejo Tello
Torture and Death of Fausto Ernesto Murillo Flores
Illegal Detention and Torture of Jesús Picazo Gómez
Illegal Detention and Torture of Antonio Paniagua
Death of Victor Alfonso de la Paz Ortega and Wounding of Juan Carlos Peñaloza García
Killing of Sergio Meza Varela and Wounding of José Antonio Barbosa Ramírez
Killing of Four Civilians and Abuse and Arbitrary Detention of Four Others
V. The Exception that Proves the Rule: The Castaños Case
The Abuses
The Investigations
The Consensus
The Lessons of Castaños
VI. Mexico's Obligations Under International Law..
Obligation to Investigate Abuses
Obligation to Inform
International Standards on Judicial Independence and Impartiality
International Standards on Military Jurisdiction
International Decisions on Mexico’s Military Justice System