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Download the full report - Human Rights Watch

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were enforced disappearances—meaning state actors likely participated in <strong>the</strong> crime. To<br />

reach this determination, we relied on a range of official documents such as arrest <strong>report</strong>s,<br />

detention registers, complaints filed by victims’ relatives, witness testimony, investigation<br />

case files, press releases by officials, amparos, 2 and <strong>report</strong>s by government rights<br />

commissions. 3 These documents were supplemented by additional sources of evidence<br />

which pointed to <strong>the</strong> participation of state agents in specific cases—much of it ga<strong>the</strong>red by<br />

victims’ families, local human rights defenders, and journalists—including: security<br />

camera surveillance videos, witness video footage, audio recordings by victims’ families of<br />

meetings with officials, photographs of abductions, and maps of <strong>the</strong> signals emitted by<br />

victims’ cell phones or radios. In <strong>the</strong> remaining 100 of <strong>the</strong> 249 cases, <strong>the</strong>re was not<br />

sufficient evidence to conclude that state actors had participated in <strong>the</strong> crimes, though<br />

<strong>the</strong>y may have.<br />

In certain cases in this <strong>report</strong>, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> cites official confessions by individuals<br />

accused of having participated in enforced disappearances. It is relevant to note that our<br />

previous <strong>report</strong>, Nei<strong>the</strong>r <strong>Rights</strong> Nor Security, documented <strong>the</strong> systematic use of torture by<br />

security forces in five states during <strong>the</strong> administration of President Felipe Calderón.<br />

Oftentimes, <strong>the</strong>se tactics were aimed at extracting forced confessions that not only<br />

accepted guilt, but also a posteriori concealed <strong>the</strong> abuses by security forces leading up to<br />

and during coercive interrogations. Given <strong>the</strong> prevalence of this practice, and <strong>the</strong> doubt it<br />

casts on <strong>the</strong> truthfulness of confessions obtained by officials, this <strong>report</strong> only cites<br />

confessions of alleged involvement in crimes when such statements are corroborated by<br />

and consistent with o<strong>the</strong>r credible evidence—such as witness accounts, video footage, or<br />

2 The amparo is a legal remedy designed to protect <strong>the</strong> rights recognized by <strong>the</strong> Mexican Constitution, as well as<br />

international treaties, when government officials act in violation of <strong>the</strong>se rights. An amparo can challenge laws, acts, or<br />

omissions by <strong>the</strong> government or state officials that violate <strong>the</strong> rights of an individual or group. The purpose of filing an<br />

amparo is to end to <strong>the</strong> violation of those rights or <strong>the</strong> unconstitutional application of a law. In <strong>the</strong> case of failure to act<br />

(omission), <strong>the</strong> amparo seeks to compel <strong>the</strong> government and its representatives to comply with <strong>the</strong>ir legal obligations. An<br />

amparo is a federal remedy and must be filed with <strong>the</strong> appropriate federal court, even if <strong>the</strong> responsible party is a local or<br />

state actor.<br />

3 Mexico's National <strong>Human</strong> <strong>Rights</strong> Commission (Comisión Nacional de los Derechos <strong>Human</strong>os, CNDH) was created in 1990 to<br />

monitor <strong>the</strong> human rights practices of government institutions and promote increased respect for fundamental rights in<br />

Mexico. Originally created as part of <strong>the</strong> Ministry of <strong>the</strong> Interior, <strong>the</strong> commission became a <strong>full</strong>y autonomous agency in 1999<br />

through a constitutional reform, which granted it complete independence from <strong>the</strong> executive branch. Each of Mexico’s 32<br />

federal entities has its own human rights commission. The commissions’ mandate entails investigating and documenting<br />

human rights abuses, and <strong>the</strong>n employing a variety of instruments to resolve <strong>the</strong> cases. The commissions are empowered to<br />

receive formal complaints from victims (quejas) and issue recommendations (recomendaciones) directed at state agents—a<br />

public document that details human rights violations and identifies steps that government institutions should take to<br />

redress <strong>the</strong>m.<br />

15 HUMAN RIGHTS WATCH | FEBRUARY 2013

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