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Results for crime against humanity

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Author: Witte, Eric A.

Title: Undeniable Atrocities: Confronting Crimes Against Humanity in Mexico

Summary: This report focuses on the nine-year period of December 1, 2006 to December 31, 2015. This covers the entirety of Felipe Calderon's presidency (December 1, 2006 to November 30, 2012), and just over half of the six-year term of current President Enrique Pema Nieto. To put statistics and institutional developments in context, however, the report includes some information from previous years, and especially the final years of the Vicente Fox presidency (December 1, 2000-November 30, 2006). The current crisis is the most intense period of violence in Mexico's modern history, but not its first. Accordingly, the report includes a brief overview of prior periods in which the government was also implicated in atrocity crimes for which there has been no accountability - including the period of the so-called "Dirty War," waged by the government against left-wing students and dissidents from the late 1960s to 1980s - in order to situate the recent surge in violence within a broader historical and political context. WHAT ARE "ATROCITY CRIMES"? The United Nations defines the term as encompassing the crimes of genocide, crimes against humanity, and war crimes. This report uses the term to refer to particular forms of violent crime that have affected many tens of thousands of civilians and may amount to crimes against humanity. Those affected include not only Mexicans but migrants from Central America, who travel a perilous path through the country and are increasingly the victims of vicious cartel violence. Specifically, the report examines three types of atrocity crimes: killings, disappearances, and torture and other ill-treatment. The report attempts to paint a composite picture based on a good-faith effort to synthesize all available statistics on and documentation of atrocity crimes in Mexico from December 2006. But that picture is only partial. Only accurate and complete data can reveal the full nature and scale of these crimes. The bulk of the data on which the analysis rests necessarily comes from government sources. This creates a considerable methodological challenge because government data on atrocity and other crime in Mexico is notoriously incomplete, skewed towards minimization, and therefore often unreliable. Collection of crime data is decentralized; states vary in their capacity and will to collect and share data with the federal government and public; some states keep data electronically and online, while others still keep records on paper, which are difficult to access. Particularly for atrocity crimes, data suffers from inaccurate and inconsistent categorization, itself a symptom of enduring denial about the scope and gravity of the situation. For instance, if charged at all, torture is often categorized as a lesser crime, such as "abuse of authority," and enforced disappearances may instead be classified as "kidnappings." Decades of impunity have engendered popular distrust in the justice sector, culminating in one of the greatest barriers to collecting accurate crime statistics: the fact that over 90 percent of crimes in Mexico are never reported to authorities in the first place. All of this has contributed to widely varying assessments of the scale and nature of atrocity crime, and confusion over the adequacy of the justice system's response. Some government data used here comes from public reports and statements from agencies including the federal Attorney General's Office (PGR), the Executive Secretariat of the National System of Public Security (SNSP), the autonomous government statistics office (INEGI), the Ministry of Foreign Affairs (SRE), and the Defense Ministry (SEDENA). Reports and publications of Mexico's National Human Rights Commission (CNDH) provide another important, if flawed, source of data. BEYOND PUBLIC REPORTS FROM GOVERNMENT ENTITIES, this report relies on information obtained through extensive use of Mexico's progressive legal regime on the right to information. Although critical public information is still too often withheld, the Open Society Justice Initiative, its partners, and others have been able to gain new insight into atrocity crime data, specific cases, and the functioning of justice institutions through information requests submitted to the federal and state governments. This report also relies on an extensive review of United Nations and Inter-American treaty body jurisprudence and reports; federal and state human rights commissions; national, regional, and international civil society reports; legal scholarship by Mexican and non-Mexican academics and political analysts; as well as investigative reports from Mexican and international media. These resources were augmented by over 100 first-hand interviews conducted by Mexico-based and international Justice Initiative staff and consultants, in person and by email and telephone, over the course of 2013-2015. Most in-person interviews were conducted in Mexico City, Coahuila, Guerrero, Nuevo Leon, Oaxaca, and Queretaro, although a small number were conducted in Morelos and Geneva. Almost all interviews were conducted in Spanish; for some, there was simultaneous interpretation into English, with the Spanish version considered definitive. All interviews were conducted with the verbal consent of the interviewee. Some sourcing has been anonymized at the request of the interlocutor. Those interviewed included government officials at the federal and state levels, including prosecutors, police, judges, members of congress and congressional staff, and officials at human rights and truth commissions. Research also included numerous interviews with Mexican and international experts and civil society representatives, as well as diplomats and academics.

Details: New York: Open Society Foundations, 2016. 220p.

Source: Internet Resource: Accessed June 7, 2016 at: https://www.opensocietyfoundations.org/sites/default/files/undeniable-atrocities-en-20160602.pdf

Year: 2016

Country: Mexico

URL: https://www.opensocietyfoundations.org/sites/default/files/undeniable-atrocities-en-20160602.pdf

Shelf Number: 139298

Keywords:
Crime Against Humanity
Disappearances
Homicides
Human Rights
Kidnappings
Organized Crime
Torture
Violence
Violent Crime