Document #1171549
IRB – Immigration and Refugee Board of Canada (Author)
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
According to a UN Human Rights Council (UNHRC) report, Mexico has a "complicated public security situation due to the rise in violence, which stems mainly from organized crime" (UN 20 Dec. 2011, para.16). A US Overseas Security Advisory Council (OSAC) report also indicates that, besides drug trafficking, TCOs [transnational crime organizations] are using extortion, robbery, kidnapping and piracy of goods to finance their operations (US 9 Feb. 2012, 3). The UNHRC also includes trafficking in persons as an activity of organized criminal groups in Mexico (UN 20 Dec. 2011, para. 16).
Sources indicate that organized crime syndicates are present in all the states (Sin Embargo 20 Aug. 2012; El Universal 2 Jan. 2012). Based on research completed by the Institute of Citizens' Action for Justice and Democracy (Instituto de Acción Ciudadana para la Justicia y la Democracia AC., IAC), a civil association composed of professionals who do research and analysis on justice-related issues (IAC n.d.), the president of the Institute stated that the infrastructure of organized crime in Mexico is [translation] "apparent, open, and notorious" (El Universal 2 Jan. 2012). He stressed that in many cases there is political complicity with organized crime and that these groups operate [translation] "under the nose of the police, politicians and all kinds of authorities" (ibid.). The president also indicates that the IAC study shows that organized crime control over Mexican municipalities has gone from 34 percent in 2001, to 53 percent in 2006, to 71.5 percent in 2011 (ibid.). The study also indicates that [translation] "organized crime infrastructure" has diminished in the states of Mexico and Michoacán and is moving to the states of Chiapas, Tamaulipas and Nuevo León (ibid.).
According to sources, organized crime-related violence has been spreading to many areas of the country (El Universal 2 Jan. 2012; InSight 16 July 2012). InSight, a web portal on organized crime in the Americas, explains that criminal organizations are expanding to "untouched" municipalities as an opportunity to profit from crimes such as kidnapping and extortion (3 Jan. 2012). Another InSight article reports that, as organized crime violence decreased in the states of Chihuahua and Nuevo León in June 2012, it increased to unprecedented levels in the neighbouring state of Coahuila (16 July 2012). However, the Los Angeles Times reports that the city of Monterrey, Nuevo León, is said to be "'falling' to organized crime" as evidenced by the shootouts, armed robberies, widespread cases of extortion, unofficial curfews, and the "exodus" of professionals, artists and businesspeople to Mexico City and Texas (3 Apr. 2012). The New York Times also reports that in the state of Veracruz, drug violence has "exploded" in 2011 (22 June 2012).
Sources indicate that as the state concentrates its fight against well-established cartels, smaller groups have started to take their place (Al Jazeera 5 Nov. 2011; US 7 Mar. 2012). The OSAC report indicates that the Gulf cartel and the Zetas experienced "small fissures" that broke out in January 2010 (US 9 Feb. 2012, 3). The New York Times also reports the struggle between the Zetas and the Sinaloa cartel for dominance in Veracruz state (22 June 2012). Sources report that the Zetas cartel is experiencing an internal split caused by a struggle between its two main leaders "'Z-40'" and "Lazcano" (Proceso 19 July 2012; CSM 26 July 2012).
Sin Embargo, a digital news source based in Mexico, reports that it is unclear how many organized crime groups operate in the country, but highlights that during the Calderón's presidency, these organizations grew from 7 to at least 25 (20 Aug. 2012). It also reports that new organizations are specializing in kidnapping, extortion and trafficking in people and are not necessarily involved in drug trafficking (20 Aug. 2012). InSight reports that opportunities for profiting from kidnapping and extortion have been reflected in the surge of new regional gangs (3 Jan. 2012). For example, sources report the existence of La Barredora drug cartel in Acapulco which is composed of "at least" 100 people who are dedicated to drug trafficking, assassinations (Latin American Herald Tribune 18 Oct. 2011; Al Jazeera 5 Nov. 2011) and kidnapping (ibid.). Another group is the Independent Cartel of Acapulco, which emerged after the dismantling of larger criminal structures and is connected with extortion of businesses and assassinations (InSight 6 Dec. 2011).
Sources report the fight between La Barredora drug cartel and the Independent Cartel of Acapulco for the local control of drug trafficking in Acapulco, triggering a rise in crime (Latin American Herald Tribune 18 Oct. 2011; Al Jazeera 5 Nov. 2011). According to the Latin American Herald Tribune, a Caracas-based news portal, murder rates in Acapulco increased by 357 percent from January to September 2011, making it the second most violent city after Ciudad Juárez (18 Oct. 2011).
Sources indicate that, according to a report by Reforma, a Mexico City-based subscription newspaper (Reforma n.d.), on May 2010 the organization Mano con Ojos was created by members of the Beltran Leyva cartel to control the [translation] "Valley of Mexico" (Univisión 13 July 2012; Animal Político 13 July 2012), which refers to the Federal District and the State of Mexico (Mexico 28 Aug. 2012). Sources report that the group Mano con Ojos is linked to more than 60 executions (ibid.; Diario Provincia 13 July 2012).
Agencia EFE reports that the Spanish police and the US Federal Bureau of Investigation (FBI) captured four members of the Sinaloa cartel who attempted to establish a base in Spain to introduce drugs into Europe (10 Aug. 2012).
Animal Político, a Mexico-based digital newspaper (Animal Político n.d.), reports that the government of Calderón decided to keep the information on statistics on the number of deaths from the war on drugs confidential (ibid. 4 Jan. 2012). The article indicates that, according to the Attorney General’s Office (Procuraduría General de la República, PGR), these statistics are [translation] "confidential for reasons of national security" (ibid.). However, on 3 July 2012, the PGR released the number of deaths related to organized crime from January to September 2011 (Mexico 3 July 2012). The seven cities with the highest number of deaths are:
City, State | Number of Deaths (Jan.-Sep. 2011) |
---|---|
Ciudad Juárez, Chihuahua | 1,206 |
Acapulco de Juárez, Guerrero | 795 |
Torreón, Coahuila | 476 |
Chihuahua, Chihuahua | 402 |
Monterrey, Nuevo León | 399 |
Durango, Durango | 390 |
Culiacán, Sinaloa | 365 |
Total Nationwide | 12,903 |
(ibid.).
According to the US 2012 International Narcotics Control Strategy Report (INCSR) for Mexico, there was a 20 percent increase in drug-related assassinations between 2010 and 2011, from 11,583 in 2010 to 13,000 between January and October 2011 (US 7 Mar. 2012). Sources indicate that since president Calderón launched his "war" on drugs in 2006, between 45,000 (Al Jazeera 5 Nov. 2011) and nearly 50,000 have died in drug-related killings (CBC 5 Mar. 2012). Al Jazeera reports the assassination of "at least" eight people and the injury of seven in the city of Culiacán, Sinaloa, while they were playing volleyball (5 Nov. 2011). The OSAC report indicates that in Monterrey, civilians have been caught in the crossfire as a result of confrontations among cartels or between cartels and authorities (US 9 Feb. 2012, 5). Sources report that in August 2011, drug traffickers set fire to the Casino Royale in Monterrey, killing 52 people (Los Angeles Times 3 Apr. 2012; US 9 Feb. 2012, 5). CBC reports that the authors of the blazing were the Zetas after an extortion fee was not paid (5 Mar. 2012).
Sources also report the discovery of 49 decapitated bodies on 13 May 2012 in a highway outside Monterrey (InSight 13 May 2012; CNN 17 May 2012). According to CNN, the area is not far from a stronghold of the Zetas that is being disputed by the Gulf cartel (17 May 2012) and their allies, the Sinaloa cartel (InSight 13 May 2012). According to InSight, the Zetas-Sinaloa conflict is not limited to the city of Nuevo Laredo and is expanding throughout Mexico (ibid.).
The UNHRC reports that organized criminal groups have been involved with enforced disappearances, alongside security forces (UN 20 Dec. 2011, para. 17). According to the report, more than 3,000 people have been victims of enforced disappearance in Mexico since 2006 (ibid., para.20). Among the identified victims of this crime are women, migrants, human rights advocates and journalists (ibid., para. 66). Sources report the detention in 2009 of a person also known as "El Pozolero" (the Stew Maker) who worked for the Tijuana cartel and is responsible for the disappearance of more than 300 persons by dissolving their bodies in a mixture of water and caustic soda (El Universal 25 Jan. 2009; Proceso 19 Dec. 2011).
According to the OSAC report, kidnapping is "widely underreported" in Mexico since civilians mistrust police authorities (US 9 Feb. 2012, 4-5). The report cites a case where a jail from a local police department in Monterrey was used to keep 17 kidnapping victims for an unknown period of time (ibid., 5). Kidnapping gangs often operate under the protection of transnational crime organizations (ibid.).
According to a July 2011 Federal District Human Rights Commission (Comisión de Derechos Humanos del Distrito Federal, CDHDF) report on the rights of immigrants in Mexico, the growth of organized crime groups has worsened the conditions of migrants who travel across Mexico (Distrito Federal July 2011, 2). According to the CDHDF, given the control that drug trafficking organizations have over both southern and northern Mexican borders, migrants are being subjected to kidnapping and trafficking in persons (ibid., 3). The UNHRC report also indicates that many of the migrants who travel across Mexico are victims of abduction and extortion by criminal groups (UN 20 Dec. 2011, para. 69). According to a representative from the Latin American Observatory against People Trafficking, Mexico has become a "'paradise' for those involved in this type of crime" (Latin American Herald Tribune 25 July 2012).
According to The New York Times, Veracruz is the most dangerous state for reporting news related to organized crime violence (The New York Times 22 June 2012). The article indicates that nine journalists were killed in the last year and a half, including a journalist whose body was dumped on a downtown street with the sign "'[T]his is what happens to those who betray us and want to be clever, sincerely the Zetas'" (ibid.). Amnesty International (AI) further reports on the 3 May 2012 assassination of three photographers who covered organized crime in Veracruz, as well as the assassination of a Proceso newspaper correspondent on 28 April 2012 in Xalapa, Veracruz (AI 21 May 2012). The New York Times also reports that journalists are choosing to report official versions of crimes only, and have denounced that organized criminal organizations are coercing them to report, or not report, certain episodes (ibid.). AI indicates that El Mañana newspaper in the border city of Nuevo Laredo ceased to cover organized crime-related news after its offices were attacked (AI 21 May 2012).
According to a PGR report, the main strategies that the government has taken to fight organized crime include:
The report also indicates that during [translation] "Operation Cleanliness" (Operación Limpieza), an operation dedicated to "investigate the infiltration of organized crime syndicates in security and justice institutions," an agent of the Investigation Federal Agency (Agencia Federal de Investigación, AFI) was detained for transmitting information to criminal organizations (ibid., 41). With regard to kidnapping, the PGR report indicates that from September 2010 to 31 July 2011, 1,774 kidnapping victims were released, 1,410 kidnappers were detained, and 239 kidnapping gangs were dismantled (ibid., 43). The document also indicates that, between September 2010 and 31 July 2011, federal authorities dismantled seven organizations dedicated to trafficking in minors, detaining 121 people and rescuing 33 minors (ibid., 45).
Sources report the launch in October 2011 of [translation] "Operation Safe Guerrero" to tackle organized crime in that state and in the city of Acapulco (Latin American Herald Tribune 18 Oct. 2011; El Universal 6 Oct. 2011). The operation had the participation of the military, the navy, and the federal police, under the direction of the Ministry of Public Security (Secretaría de Seguridad Pública) (ibid.). Sources report that during this operation, one of the leaders of La Barredora drug cartel was arrested on 4 November 2011 (Al Jazeera 5 Nov. 2011; CNN 4 Nov. 2011). Sources also report the detention of another leader of the same criminal group on October 2011 under the same operation (Latin American Herald Tribune 18 Oct. 2011; El Mundo 19 Oct. 2011). InSight reports the detention of the leader of the Independent Cartel of Acapulco alongside five other members, and the seizure of vehicles, armoured vests, a pistol, two assault riffles, and small amounts of cocaine and marijuana (6 Dec. 2011). Also, Reuters reports the detention of the leader of the criminal group Mano con Ojos, who was responsible for approximately 600 homicides (11 Aug. 2011). Excelsior, a Federal District-based newspaper, reports the detention of the succeeding leader of Mano con Ojos, who admitted to the assassination and decapitation of at least ten people (2 Mar. 2012). The same source indicates that authorities have arrested at least 20 members of this organization (ibid.).
With regard to crimes against journalists, the Committee to Protect Journalists (CPJ) reports that the Mexican Congress has enacted a constitutional amendment to allow federal authorities "to investigate and punish crimes against journalists or persons or installations when the right to information or the right to expression is affected" (7 June 2012).
The US INCSR Report also indicates that among the institutional developments to fight drug trafficking are: an increase of the federal police force from 11,000 in 2006 to 35,000 presently, an increase in the 2012 security budget of 10.7 percent from 2011, and the passing of a new anti-money laundering law pending approval from the lower house (US 7 Mar. 2012).
With regard to enforced disappearances, the UNHRC reports that some cases are not considered as such and are catalogued as "'missing'" or "'lost'" (UN 20 Dec. 2011, para. 18). The report also indicates that impunity for this crime is a major challenge for Mexico, with less than 25 percent of cases denounced and only 2 percent resulting in convictions (ibid., para. 32). The report further indicates that relatives of victims of enforced disappearances have been subject to intimidation and threats when they insist that a proper investigation be carried out (ibid., para. 33). The report concludes that the country does not have a comprehensive policy to address the issue of enforced disappearances, including search for victims, identification of remains, and body exhumations (ibid., para. 45).
Sources report that municipal forces in northern Mexico have resigned their posts after being threatened by criminal organizations (Norte Digital 19 July 2012; The Telegraph 5 Aug. 2011; Financial Times 27 Oct. 2010). Sources report that the police force in San Francisco de Conchos, Chihuahua, resigned alleging lack of security conditions (InSight 19 July 2012; Norte Digital 19 July 2012). In 2011, an entire police force of 26 officers resigned their posts in the town of Ascensión, Chihuahua, after being threatened by criminal groups (El Universal 18 July 2012; The Telegraph 5 Aug. 2011). Sources also report that in October 2010, the entire police force in the town of Los Ramones, Nuevo León, resigned after gunmen attacked its headquarters (Financial Times 27 Oct. 2010; New York Daily News 27 Oct. 2010). The Telegraph reports that in 2009 the entire police force of Villa Ahumada, Chihuahua, also resigned after being attacked by drug gangs (5 Aug. 2011).
According to sources, president Calderón's efforts against drug trafficking have not been effective due to corruption within the Mexican police and the coercion drug cartels exert upon the police corps (CBC 5 Mar. 2012; see also US 7 Mar. 2012). The US INCSR Report indicates that "[s]tate and municipal police have been implicated in the press and social media for facilitating the movement of drugs or contraband, as well as impeding federal or military enforcement operations" (ibid.). According to the president of the IAC, organized crime structures infiltrated different levels of government to the point that [translation] "no police officer acts independently" from these syndicates (El Universal 9 July 2012). Sources report that the federal police replaced all 348 police officers assigned to Mexico City international airport security (AP 21 Aug. 2012; TeleSur 20 Aug. 2012). According to the same sources, this replacement came after three officers were assassinated in June 2012 by two fellow officers believed to be involved in a drug-trafficking ring operating inside the airport (ibid.; AP 21 Aug. 2012).
El Universal, a Mexico City-based newspaper, reports that the director of the Office of Overseas Prosecutorial Development, Assistance and Training at the US Embassy in Mexico indicated that [translation] "the Mexican witness protection program requires new legislation that provides it with more resources, training and, above all, that protection measures to witnesses be granted immediately and, if necessary, extended to family members" (8 Apr. 2012). Sources report that on April 2012, the Chamber of Deputies (Cámara de Diputados) approved the Federal Law to Protect Persons Involved in Criminal Proceedings (Ley Federal para la Protección a Personas que Intervienen en el Procedimiento Penal) to provide witness protection to people who provide information to authorities (El Universal 27 Apr. 2012; El Norte 28 Apr. 2012). El Norte, a Monterrey-based newspaper (ibid. n.d.), cites the president of the Justice Commission of the Chamber of Deputies as saying in April 2012 that [translation] "the current witness protection program has failed" and that a new law would address its deficiencies (ibid. 28 Apr. 2012). In June 2012, Milenio, a Mexico City-based newspaper, reports that the federal government issued a decree that puts in practice the Federal Law to Protect Persons Involved in Criminal Proceedings (7 June 2012). The Law indicates the following with regard to beneficiaries of this program:
[translation]
ARTICLE 15. Pursuant to article 2 (IX and X) hereof, the following may be included in the Program:
ARTICLE 17. The assistance measures may be:
ARTICLE 18. The security measures, in addition to those provided in other legislation, may include any of the following:
… (Mexico 2012)
Information on the implementation of the Law could not be obtained by the Research Directorate among the sources consulted within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Agencia EFE. 10 August 2012. "Cartel de Sinaloa pretendía abrir oficina en España."
Al Jazeera. 5 November 2011. "Mexico Arrests 'Barredora Drug Cartel Leader'."
Amnesty International (AI). 21 May 2012. "Mexico: Freedom of Expression Still under Attack as Six Journalists Killed."
Animal Político. 13 July 2012. "¿Cuál es el origen de la Mano de Ojos?"
_____. 4 January 2012. Daniel Lizárraga. "Oculta el gobierno cifra de muertos en la guerra contra el narco."
_____. N.d. "Quiénes somos."
Associated Press (AP). 21 August 2012. "Mexico Replaces Airport Security Officers." (Factiva)
Cable News Network (CNN). 17 May 2012. Ashley Fantz. "49 Headless Bodies - Just Another Crime in Mexico Drug War?"
_____. 4 November 2011. "La Policía Federal detiene a uno de los líderes de 'La Barredora'."
Canadian Broadcasting Corporation (CBC). 5 March 2012. "Mexicans Fear 'Losing' Country to Zetas Drug Cartel."
Committee to Protect Journalists (CPJ). 7 June 2012. "Anti-press Crime Amendment Offers Hope for Mexican Press."
The Christian Science Monitor (CSM). 26 July 2012. Patrick Corcoran. "Rumored Zetas Split: Would this Bring More Violence or Peace for Mexico?"
Diario Provincia [Michoacán]. 13 July 2012. "Revelan el origen de Mano con Ojos."
Distrito Federal. July 2011. Comisión de Derechos Humanos del Distrito Federal. Informe sobre los derechos de las personas migrantes en la Ciudad de México elaborado para la Relatoría Especial Sobre Trabajadores Migratorios y Miembros de sus Familias de la Comisión Interamericana de Derechos Humanos.
Excelsior [Mexico City]. 2 March 2012. Filiberto Cruz. "Líder de La Mano con Ojos confiesa 10 decapitaciones en el DF."
Financial Times. 27 October 2010. Adam Thomson. "Terrified Mexican Police Force Resigns."
InSight. 19 July 2012. Edward Fox. "Police Resign En Masse in North Mexico Due to Gang Pressure."
_____. 16 July 2012. Patrick Corcoran. "Violence in Mexico 2012: A Halfway Report."
_____. 13 May 2012. Patrick Corcoran. "Mutilated Bodies on Mexico Highway Signals War without Quarter."
_____. 3 January 2012. Patrick Corcoran. "Do Gangs Control 70% of Mexico?"
_____. 6 December 2011. Geoffrey Ramsey. "Mexico Captures 'Leader' of Independent Cartel of Acapulco."
Instituto de Acción Ciudadana para la Justicia y la Democracia AC (IAC). N.d. "¿Quiénes somos?"
Latin American Herald Tribune [Caracas]. 25 July 2012. "Mexico is a People Trafficking 'Paradise', Expert Says."
_____. 18 October 2011. A Founder of Mexico's La Barredora Cartel is Captured."
Los Angeles Times. 3 April 2012. Daniel Hernández. "In Monterrey, Mexico, A Culture of Fear is Evident."
Mexico. 28 August 2012. Comisión Nacional del Agua. "Prognóstico del tiempo para el Valle de México 09:00."
_____. 3 July 2012. Procuraduría General de la República (PGR). Total de fallecimientos por presunta rivalidad delincuencial 2011 (enero-septiembre).
_____. 2012. Ley Federal para la Protección a Personas que Intervienen en el Procedimiento Penal. Translated by the Translation Bureau, Public Works and Government Services of Canada.
_____. 7 September 2011. Procuraduría General de la República (PGR). Informe de gobierno 2011.
Milenio [Mexico City]. 7 June 2012. Rubén Mosso and Angélica Mercado. "Promulga gobierno federal ley para proteger a testigos."
El Mundo [Madrid]. 19 October 2011. "Capturan al líder de la organización 'La Barredora', que opera en Acapulco."
New York Daily News. 27 October 2010. Philip Caulfield. "Entire Police Force in Los Ramones, Mexico Quits after Gunmen Attack Headquarters."
The New York Times. 22 June 2012. Randal C. Archibold. "Killings Curb Reporting of Mexican Crime Wave."
El Norte [Monterrey]. 28 April 2012. Claudia Salazar. "Regulan los apoyos a testigos protegidos." (Factiva)
_____. N.d. "Contáctanos."
Norte Digital [Ciudad Juárez]. 19 July 2012. Héctor Macías. "Desbandada de policías en San Francisco de Conchos."
Proceso [Mexico City]. 19 July 2012. Jorge Carrasco Araizaga and Juan Alberto Cedillo. "Se divide el cártel de 'Los Zetas'."
_____. 19 December 2011. Marcela Turati. "En busca de las víctimas del 'Pozolero'."
Reforma. N.d. "Contáctanos."
Reuters. 11 August 2011. "El 'Compayito' es responsible de 600 asesinatos."
Sin Embargo [Mexico]. 20 August 2012. "De siete al inicio del sexenio, los cárteles mexicanos se multiplicaron: Calderón dejará por lo menos 25."
The Telegraph. 5 August 2011. "Mexican Town's Entire Police Force Resigns after Attack."
TeleSur. 20 August 2012. "Retiran a policías del aeropuerto de Ciudad de México."
United Nations (UN). 20 December 2011. UN Human Rights Council (UNHRC). Report of the Working Group on Enforced or Involuntary Disappearances. Addendum. Mission to Mexico.
United States (US). 7 March 2012. Department of State, Bureau of International Narcotics and Law Enforcement Affairs. "Mexico." 2012 International Narcotics Control Strategy Report (INCSR).
_____. 9 February 2012. Department of State, Bureau of Diplomatic Security (OSAC). Mexico 2012 OSAC Crime and Safety Report: Monterrey.
El Universal [Mexico City]. 18 July 2012. "Policías huyen del ampa en Chihuahua." (Factiva)
_____. 9 July 2012. Doris Gómora. "Urgen a 'limpieza' de policías."
_____. 27 April 2012. "Diputados avalan Ley de Testigos Protegidos." (Factiva)
_____. 8 April 2012. "Piden nueva ley para testigos." (Factiva)
_____. 2 January 2012. Doris Gómora. "Narco controla 71.5% de municipios del país."
_____. 6 October 2011. "Lanzan operación Guerrero Seguro."
_____. 25 January 2009. María de la Luz González. "Presenta PGR a El Pozolero."
Univisión. 13 July 2012. "¿Cómo surgió el grupo criminal 'La Mano con Ojos'?"
Oral sources: Attempts to contact representatives from the following organizations were unsuccessful: Universidad Nacional Autónoma de México, Infomex Gobierno Federal, InSight.
Internet sites, including: Embassy of the United States in Mexico City; European Country of Origin Information Network; Freedom House; Jane's Intelligence Review; Instituto Nacional de Ciencias Penales; Instituto para la Seguridad y la Democracia; Mexico — Centro de Investigación y Seguridad Nacional, Infomex, Secretaría de la Defensa Nacional, Secretaría de Seguridad Pública; Milenio; NOTIMEX; United Nations — UN Office on Drugs and Crime; United States — Central Intelligence Agency, Drug Enforcement Administration, Federal Bureau of Investigation.
Mexico: Situation of organized crime; police and state response including effectiveness; availability of witness protection [MEX104169.E] (Response, French)