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event of death, to locate, respect and return their remains.” 439 The International Convention on Disappearances also provides that that state shall ensure victims have the right “to obtain reparation and prompt, fair and adequate compensation.” The right to obtain reparation covers material and moral damages and, where appropriate, other forms of reparation such as restitution, rehabilitation, satisfaction (including restoration of dignity and reputation), and guarantees of non-repetition. 440 It also requires that states take the appropriate steps with regard to resolving the legal situation of disappeared persons whose fate has not been clarified, as well as that of their relatives, in fields such as social welfare, financial matters, family law, and property rights. 441 439 International Convention for the Protection of All Persons from Enforced Disappearance, art. 24 (3). 440 International Convention for the Protection of All Persons from Enforced Disappearance, art. 24 (5). 441 International Convention for the Protection of All Persons from Enforced Disappearance, art. 24 (6). MEXICO’S DISAPPEARED 130
Inadequate Domestic Legislation to Prevent and Punish Enforced Disappearances One of the key obligations in both conventions to which Mexico is a party is that it bring its domestic legislation into line with its international commitments by ensuring that enforced disappearances are a crime under its criminal laws. 442 However, Mexico has not properly transposed the definition of “enforced disappearance” into its domestic law. Instead, the various laws—at federal and state levels—contain overly narrow and conflicting definitions which limit efforts to prevent, investigate, and prosecute the crime. According to Mexico’s federal criminal code, “A public servant who—regardless of whether (s)he has participated in the legal or illegal detention of an individual or various individuals—helps to secure their secret detention or deliberately conceals information about it, commits the offence of an enforced disappearance.” 443 This article therefore only imposes criminal responsibility for enforced disappearances on “public servants” who participate in or are aware of detentions. This article does not, however, impose criminal responsibility on a perpetrator when the enforced disappearance is “committed by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence” of the state—a deficiency noted by the UN Working Group on Enforced and Involuntary Disappearances. 444 Consequently, acting on Mexico’s federal definition, prosecutors could claim they have no authority to investigate or prosecute a whole subset of potential enforced disappearance cases recognized under international law. Since taking office, President Peña Nieto has repeatedly pledged to bring the definition of enforced disappearance in Mexico’s federal law into full compliance with international standards. 445 442 International Convention for the Protection of All Persons from Enforced Disappearance, art. 4. 443 Código Penal Federal (Federal Criminal Code), Diario Oficial de la Federación, 1931, as amended January 25, 2013, http://www.diputados.gob.mx/LeyesBiblio/pdf/9.pdf, (accessed February 1, 2013), art. 215-A. 444 UN Working Group on Enforced or Involuntary Disappearances. Mission to Mexico, Addendum, Report of the Working Group on Enforced or Involuntary Disappearances, A/HRC/19/58/Add.2, December 20, 2011, http://ap.ohchr.org/documents/dpage_e.aspx?m=119 (accessed August 8, 2012 , para. 13. 445 President Enrique Peña Nieto, “Second Session of the National Public Security Council” (II Sesión Extraordinaria del Consejo Nacional de Seguridad Pública), December 17, 2012, http://www.presidencia.gob.mx/articulos-prensa/ii-sesionextraordinaria-del-consejo-nacional-de-seguridad-publica/ (accessed January 21, 2013). 131 HUMAN RIGHTS WATCH | FEBRUARY 2013
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H U M A N R I G H T S W A T C H MEX
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Copyright © 2013 Human Rights Watc
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A Promising New Approach: the Case
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Executive Summary When Enrique Peñ
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A different approach is possible. H
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egardless of the perpetrator. Furth
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Impact on Victims’ Families Disap
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prosecutors and the guiding hand of
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To the Federal Executive Branch: Re
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• Reform the Military Code of Jus
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were enforced disappearances—mean
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Enforced Disappearances There is st
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name. Instead, they indiscriminatel
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video at the parking lot entrance.
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that Navy personnel participated in
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neighboring states of Nuevo León a
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2009, they arrived in Río Verde, S
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vehicle marked with Federal Police
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they said they had carried out the
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According to two individuals who we
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The family of Iván Baruch Núñez
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Alvarado Reyes, 18, according to Ir
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stopped a train the victims were ri
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government officials have a strong
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The wife of Sebastián Pérez (pseu
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exchange for a car—a deal he acce
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failing to promptly secure the crim
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which contradicted the evidence cit
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after receiving reports of gunshots
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State investigators also misplaced
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than detaining them for a full 24 h
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pressed for a meeting with the stat
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officials provided no explanation a
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families and various authorities. 1
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when in fact they are the ones who
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into a waiting vehicle. 219 The off
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Gamez’s mother immediately report
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Impact on Families of Disappeared P
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involved a man who was disappeared
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Domínguez Rolon, 33, a federal pol
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It is an exhausting process, as muc
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Surviving parents and guardians of
Page 85 and 86: including the complainant—partici
Page 87 and 88: 21, and Zozimo Chacón Jiménez, 22
Page 89 and 90: force them to.” 292 The wife neve
Page 91 and 92: months and no more than six months.
Page 93 and 94: they had received. “Do what you c
Page 95 and 96: needed to obtain a “presumption o
Page 97 and 98: Oropeza, 48, her health declined sw
Page 99 and 100: A Promising New Approach: the Case
Page 101 and 102: prosecutor’s office—it could ea
Page 103 and 104: described a climate of “coldness
Page 105 and 106: Prosecutors and human rights defend
Page 107 and 108: individuals to be detained por flag
Page 109 and 110: other. And—after Arenas’s fathe
Page 111 and 112: stolen his Nextel radio, which emit
Page 113 and 114: Another challenge in the “working
Page 115 and 116: ange of state officials in Saltillo
Page 117 and 118: Failure to Prosecute Enforced Disap
Page 119 and 120: the same specific methods (electric
Page 121 and 122: Specifically, the Ministry of the I
Page 123 and 124: Failure of the Federal Government t
Page 125 and 126: Flaws and Delays in Efforts by the
Page 127 and 128: Thirdly, the collection of DNA from
Page 129 and 130: office. 416 However, the chart of r
Page 131 and 132: Enforced Disappearances and Mexico
Page 133 and 134: inhuman and degrading manner by the
Page 135: Human Rights Committee has made cle
Page 139 and 140: Furthermore, Mexico’s Military Co
Page 141 and 142: Armed Forces to the military justic
Page 143 and 144: In August 2012, Mexico’s Supreme
Page 145 and 146: “covering up the crime in the fir
Page 147 and 148: January 23, 2012, military records
Page 149 and 150: Acknowledgments This report was wri
Page 151 and 152: Finally, Human Rights Watch would l
Page 153 and 154: Annex 1: CAses of DisAppeArAnCes Do
Page 163 and 164: Annex 2: Letter from Human Rights W
Page 165 and 166: Human Rights Watch fully welcomes c
Page 167 and 168: consistently sought meetings with t
Page 169 and 170: impunity that we document in our re
Page 171 and 172: Calderón announced last December 5
Page 173 and 174: In recent months, the government ha
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