Whether a complaint can be filed with the police in a state other than that where the crime (in this case, physical assault and death threats) was committed; in particular, whether someone who was assaulted in Puebla can file a complaint in Tlaxcala (2002-2003) [MEX42030.FE]

The following information was provided by the legal affairs officer at the Embassy of Mexico in Ottawa during a 25 September 2003 telephone interview, and complements the information provided in MEX36728.E of 30 March 2001, regarding whether police would process a complaint related to crimes that occurred outside its jurisdiction.

Whether or not a person can file a complaint with the police in a state other than that where the alleged crime took place depends of the type of crime committed. In other words, the type of crime determines whether it falls under local or federal jurisdiction. Offences such as assault and death threats fall under the local jurisdiction and the victim should therefore file a complaint with the police authorities closest to where the crime was committed. If the person wishes to report the crime in question in a different state, the police in that state will not have the authority to investigate it because the crime is outside their jurisdiction.

More information describing the jurisdictions of various police forces can be found in the issue paper Mexico: Police published by the Research Directorate in September 1999.

For more information on the criminal justice system in Mexico, please see the report published on 25 March 2003 by Amnesty International at http://web.amnesty.org/aidoc/aidoc_pdf.nsf/Index/AMR410072003ENGLISH/$File/AMR4100703.pdf, and the report published in December 2002 by the United Nations Working Group on Arbitrary Detention in Mexico at http://193.194.138.190/Huridocda/Huridoca.nsf/0/9db831812b1e201fc1256ccc0035870b/$FILE/G0216008.doc.

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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference


Embassy of Mexico, Ottawa. 25 September 2003. Telephone interview with the legal affairs officer.

Additional Sources Consulted


Attempts to obtain information from the Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH) were unsuccessful.

Attempts to obtain information from the Centro de Derechos Humanos Miguel Agustín Pro Juarez (Centro PRODH) were unsuccessful.

Attempts to obtain information from the Dirección de la Polícia Judicial de Puebla were unsuccessful.

IRB Databases

World News Connection (WNC)/Dialog

Internet sites, including:

Centro de Derechos Humanos Miguel Agustín Pro Juárez (Centro PRODH)

Comisión Mexicana de Defensa y Promoción de los Derechos Humanos A.C. (CMDPDH)

Country Reports 2002

Diario de Mexico [Mexico City]

El Economista [Mexico City]

Freedom House

Human Rights Watch (HRW)

Instituto de Investigaciones Jurídicas

La Jornada [Mexico City]

Puebla, Procuraduría General de Justicia del Estado

Tlaxcala, Procuraduría General de Justicia del Estado

United States Law Library of Congress: Guide to Law Online

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