Showing posts with label Beltrán Leyva brothers. Show all posts
Showing posts with label Beltrán Leyva brothers. Show all posts

Monday, October 17, 2011

Mexican Civil Society Wants President and Drug Traffickers To Face War Crimes Charges In The International Criminal Court

by Kristin Bricker, SSR Centre


The accused (from left): Public Security Secretary
Genaro García Luna, Defense Secretary Guillermo 
Galván Galván, President Felipe Calderón, and Navy 
Secretary Mariano Francisco Saynez Mendoza. 
A coalition of lawyers, academics, activists, and journalists has announced that it will seek the prosecution of President Felipe Calderón in the International Criminal Court (ICC) for war crimes and crimes against humanity stemming from his deployment of the military to battle drug trafficking organizations.  “Our petition is supported by over 20,000 signatures, both handwritten and electronic,” they said in a written statement, “making it the largest citizens’ complaint that the ICC has ever received.”

Netzai Sandoval, the lawyer who is preparing the complaint, argues that the ICC has jurisdiction in this case because Mexico is a signatory to the Rome Statute, and because the country’s drug war constitutes an “armed conflict not of an international nature.” The Rome Statute, which created the court in 2002, defines an “armed conflict not of an international nature” as “armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.”


Details of the Complaint

In addition to President Calderón, Sandoval has requested that the ICC’s Office of the Prosecutor investigate Public Security Secretary Genaro García Luna, Defense Secretary Guillermo Galván Galván, Navy Secretary Francisco Saynez Mendoza, drug kingpin Joaquín “El Chapo” Guzmán Loera, and “other authorities, military officials, and drug traffickers who are responsible for war crimes in Mexico.”

The Office of the Prosecutor is responsible for determining admissibility, defendants, and charges.  However, Sandoval has requested that the Prosecutor investigate both government officials and drug trafficking organizations for war crimes and crimes against humanity.  He argues that both sides of the conflict have committed murders, rape and sexual slavery, forced disappearances, physical mutilations, inhuman treatment and torture, extensive destruction of property, and attacks against the civilian population, all of which are classified as war crimes or crimes against humanity under the Rome Statute.

Sandoval notes that the Army has murdered and tortured innocent civilians at military checkpoints and during military operations.  “It has attempted to cover up these incidents in order to guarantee impunity,” argues Sandoval.  In 2010, for example, the military killed two students at the elite private university Tec de Monterrey. Soldiers planted weapons on the students’ corpses and removed their backpacks and student IDs to make them appear to be cartel gunmen.

The complaint that Sandoval will present to the ICC also details war crimes committed by criminal organizations.  It specifically mentions the massacres perpetuated by unidentified gunmen at drug rehabilitation clinics that are occurring with alarming frequency in various northern states.  Moreover, he accuses drug trafficking organizations of forcibly recruiting children under fifteen years of age, which has been demonstrated by arrests of children such as 13-year-old Edgar Jiménez Lugo, a cartel hitman who says that a drug trafficking organization kidnapped him when he was eleven and ordered him to kill or be killed.

Sandoval argues that both the government and drug trafficking organizations have committed physical mutilations.  Early in the war, drug trafficking organizations began to terrorize the civilian population by dumping tortured and mutilated bodies in public places such as in dance clubs, alongside highways, hanging from overpasses, or in front of government buildings or schools. In late 2009, the government responded in kind: the Marines killed drug kingpin Arturo Beltran Leyva in his home, and then employees from the medical examiner’s office stripped him down to his underwear and covered his bullet-ridden corpse with bloody peso notes and U.S. dollar bills.  They took pictures of his semi-nude body and leaked the pictures to the press, presumably to intimidate Beltran Leyva’s criminal organization.

The complaint also accuses officials from the Mexican government’s National Immigration Institute (INM) of collaborating with drug trafficking organizations to kidnap and traffic Central American migrants who pass through Mexico on their way to the United States.  The government has admitted widespread corruption in the INM, where alarming numbers of immigration agents detain migrants and then hand them over to cartels in exchange for a fee.  The cartels themselves frequently kidnap dozens of migrants in a single raid.  The criminals detain the migrants in “safe houses” while theydemand ransoms from the migrants’ families in the United States, or they enslave the kidnapped migrants to work in fields or—in the case of women—the sex industry as prostitutes or in pornographic movies.

The Gravity Threshold


Due to its limited capacity, the ICC declines to investigate some cases in which it has compelling evidence that war crimes have occurred, but do not reach the ICC’s standard for gravity.  “Even where there is a reasonable basis to believe that a crime has been committed, this is not sufficient for the initiation of an investigation by the International Criminal Court,” wrote ICC Prosecutor Luis Moreno Ocampo when he declined to file charges against coalition forces for war crimes committed in Iraq. “While, in a general sense, any crime within the jurisdiction of the Court is ‘grave,’ the [Rome] Statute requires an additional threshold of gravity even where the subject-matter jurisdiction is satisfied. This assessment is necessary as the Court is faced with multiple situations involving hundreds or thousands of crimes and must select situations” in which the commission of said war crimes are “committed as a part of a plan or policy or as part of a large-scale commission of such crimes.”

Migrants’ plight in Mexico might be one of the complaint’s more compelling aspects for the ICC because the crimes committed against them are so widespread.  Germán Guillermo Ramírez Garduaza, who runs the “Santa Faustina Kowalska” Migrante Shelter in Coatzacoalcos, Veracruz, estimates that 80% of the Centeral American women who pass through his shelter have been raped during their journey.  “They consider rape to be part of the price they pay to migrate,” explains Fermina Rodriguez of the Fray Matias de Cordova Human Rights Center in Chiapas.

The Mexican government’s National Human Rights Commission (CNDH) documented 214 cases of mass kidnappings of migrants in 2010 alone, with a total of 11,333 victims.  This number does not include unreported mass kidnappings, nor does it include kidnappings of small numbers of migrants, meaning that the total number of Central American migrants kidnapped in Mexico is likely much higher.

Sandoval hopes that the staggering statistics of over 50,000 deadthousands of forced disappearances, at least 230,000 displaced persons, and the appearance of severely mutilated bodies left on public display in various parts of the country on a daily basis will convince the court that high-ranking government officials and drug trafficking organizations are committing war crimes in Mexico “on a massive scale.”


Goals of an ICC Investigation


Unlike the Inter-American Court of Human Rights (IACtHR), which allows victims to sue State parties over a range of human rights violations, the ICC prosecutes individuals—not States—who are allegedly responsible for a very limited range of war crimes and/or crimes against humanity.  Whereas the IACtHR has the power to order States to reform laws or policies that prevent victims from obtaining justice, the ICC only seeks punitive damages, such as imprisonment or indemnity for victims.

Nonetheless, Sandoval believes that an ICC investigation could have important political implications in Mexico.  He hopes that the ICC’s Office of the Prosecutor will be able to obtain confidential information regarding the military’s role in the drug war because the Mexican military has denied many Transparency Act requests on the basis of national security.  “On May 9, 2007, [Calderón] published an executive order to create an elite force called the Cuerpo de Fuerzas de Apoyo Federal [Federal Support Forces],” explained Sandoval.  “This elite unit is directly controlled by Felipe Calderón and was involved in the drug war… There is no General or other official between Calderón and those soldiers.”  Sandoval hopes that the Office of the Prosecutor will investigate the secretive Federal Support Forces for any possible human rights abuses, because domestic attempts to obtain information about their actions have been futile.  If the ICC finds that the elite unit is responsible for human rights abuses, Sandoval argues that it can hold Calderón directly responsible for their actions.

Due to the corruption and complicity with organized crime that prevails in Mexico’s security institutions, many victims never report crimes for fear of retaliation.  Mexico’s Census Bureau (INEGI) reports that in 2010, 24 percent of the Mexican population reported being the victim of a crime.  However, only 12.3 percent of them reported the crimes to the police. Of those crimes that were reported to the police, the police only investigated eight percent.

“Mexico is a country of impunity,” argues John Ackerman, a legal scholar with the National Autonomous University of Mexico’s Legal Investigations Institute.  Ackerman says that bringing a case before the ICC is a way for citizens “to use legal, peaceful means to demand justice and accountability.”

Sandoval hopes that the ICC will open offices in Mexico to carry out a direct and impartial investigation into possible war crimes. “The ICC should open field offices in different parts of the country so that victims can go there and give direct testimony.”

Even though ICC investigations can drag on for years, Sandoval hopes that the complaint will pressure Mexican politicians to reform the country’s security strategy soon.  “The candidates who will compete in the 2012 presidential election should know that if they continue with a militaristic policy that covers up soldiers’ crimes, they will share Calderón’s fate,” said Sandoval.  “One would hope that they would begin to discuss a plan for the military to return to its barracks, and embark on a new strategy for confronting organized crime.”

Kristin Bricker is a Mexico-based freelance journalist who specializes in militarization, human rights, social movements and the drug war in Latin America.

Saturday, April 18, 2009

Mexican Drug War: Soldiers vs. Soldiers

The most severe blows against the military in the war on drugs have come from former soldiers

by Jorge Carrasco Araizaga, Proceso
translated from the original Spanish by Kristin Bricker

The most offensive casualties the Mexican Army has suffered in the war on drug trafficking aren't the result of confrontations with hitmen. Rather, they're executions carried out by ex-brothers-in-arms, trained by the Mexican National Defense Ministry, who have joined the ranks of organized crime, or by cells protected by high-ranking officials. In less than four months, 21 soldiers have been murdered by those who at one time were "incorruptible."

The Mexican Army's most lethal enemies have come from amongst their own ranks. Concentrated in Los Zetas, the armed wing of the Gulf cartel, men who at one time were soldiers are responsible for the most severe attacks against the armed forces in their confrontation with drug trafficking cartels.

In the past three-and-a-half months, the Army's most significant and offensive casualties have occurred in Cancun, Quintana Roo; Chilpancingo, Guerrero; and Monterrey and the surrounding area in Nuevo Leon at the hands of drug traffickers who used to be members of the military or that, according to groups dedicated to drug trafficking, have formed alliances with active military personnel.

Contrary to President Felipe Calderon's discourse about the incorruptibility of Mexican soldiers, the most severe blows against the military have been planned and executed by those who were prepared and specialized, in Mexico as well as abroad, by the National Defense Ministry (Sedena in its Spanish abbreviation).

From October 3, 2008, to February 3, 2009, a total of 21 soldiers, including a retired brigadier general, were executed by Los Zetas cells that arose from the military, and by Beltran Leyva brothers' cells that are linked with military officials.

Of those 21 deaths, eleven were stabbed, eight were decapitated, and two were tortured to death. In contrast to the casualties that occur during confrontations with hitmen, these victims were kidnapped or rounded up and subjugated in front of numerous witnesses.

According to data published by Sedena, prior to Tuesday, February 3, the military had suffered 68 casualties, both active duty and retired military personnel, since operations against drug trafficking began in December 2006. The highest number of victims have been reported in Guerrero, Nuevo Leon, Michoacan, Sinaloa, Sonora, and Tamaulipas.

The military's two most recent casualties occurred in Cancun on February 3. Brigadier General Mauro Enrique Tello Quiñones and his assistant, infantry Lt. Getulio Cesar Roman Zuñiga, were tortured and murdered by a group Sedana identified as Zetas, with the participation of ex-members of the army.

Retired this past January 1, Gen. Tello Quiñones was in charge of the creation of a special anti-narcotics group made up of 100 soldiers which was going to be under the direction of the mayor of Benito Juarez in Cancun, Gregorio Sanchez Martinez.

A native of Coacolman in the mountainous zone of southwest Michoacan, which is dominated by drug trafficking, the mayor who in Cancun is known as "Greg" says that National Defense Secretary Guillermo Galvan Galvan appointed Tellez [sic: Tello] Quiñones.

Civilian Juan Ramirez Sanchez, Greg's nephew, was murdered along with the general and his assistant. [Greg] was questioned regarding his family's alleged ties to organized crime (Proceso 1684).

The Executioner

Tello Quiñones' death was a severe blow to the military. Not only because organized crime murdered a high-ranking soldier, but because between 2007 and 2008 the general was commander of the 21st Military Zone, headquartered in Morelia, where he participated in the anti-drug trafficking Operation Michoacan.

The intellectual author of these crimes was Octavio Almanza Morales, aka "El Gori 4," an ex-soldier who, until his capture on Monday, February 9, was the boss of the Gulf cartel's cell in Cancun.

Upon announcing his detention on February 11, Sedena's second-in-command of operations, Brigadier General Luis Arturo Oliver Cen, confirmed that El Gori 4 belonged to the military, which he joined on May 20, 1997, and was discharged on July 1, 2004.

El Gori 4's brothers Raymundo and Eduardo Almanza Morales, who were also members of the military, were Zetas with him in Cancun. According to Oliver Cen, both managed to escape the operation in which the Gulf cartel cell was detained.

According to the head of the Assistant Attorney General's Office for the Specialized Investigation of Organized Crime (SIEDO), a department of the Federal Attorney General's Office (PGR), Marisela Morales Ibañez, the two ex-soldiers fled to Belize. Neither Sedena nor the PGR indicated what military rank the Almanza Morales brothers earned in the military. El Gori 4 didn't appear in the list of most wanted criminals the PGR has on its website.

The murder of Gen. Tello Quiñones was the first execution undertaken by Almanza Morales, who recently arrived in Cancun to substitute Javier Diaz Ramon, aka "El Java Diaz," as leader of the Zetas. Diaz Ramon was detained by the military this past December 22 in the port of Veracruz.

Octavio Almanza Morales was Sigifredo "El Canicon" Najera Talamantes' deputy in the state of Nuevo Leon. His capture, which resulted from a tip, was important for the military. Sedena identifies him as a co-conspirator in the execution of nine of the eleven soldiers murdered in Monterrey last October.

The casualties occurred between October 17-22, 2008, in acts of extreme cruelty. The military agents were attacked with sharp, pointed objects and wounded in the neck and thorax. Some of the remains were dumped in vacant lots and others stayed at the scene of the crime (Proceso 1669).

The first attack against soldiers in Monterrey, where Operation Safe Nuevo Leon began in December 2007, occurred the night of Tuesday, October 14, in a downtown bar. Three soldiers were stabbed: Eder Missael Diaz Garcia, Roberto Hernandez Santiago, and David Hernandez Martinez.

Four days later, on Saturday, February 18, the cadavers of another three soldiers and an ex-soldier appeared in different places, also stabbed.

The bodies of David Hernandez Aquino and Jose Perez Bautista in a Country La Silla park in the neighboring municipality of Guadalupe. Another one, that of Gerardo Santiago Santiago, was left next to the cantina Los Generales in the Juarez municipality. The fourth victim was Eligio Hernandez Hernandez, an ex-soldier who worked for a private security company. He was stabbed while his hands were handcuffed behind his back.

The next day, Sunday the 19th, another three soldiers turned up dead in the Las Margaritas ejido[1] in the Santiago municipality. Anastasio Hernandez, Claudio Abad Hernandez, and Hector Miguel Melchor Hernandez--who was also a private security company employee--were found with slit throats.

The violent attacks on the military in Monterrey reached a climax on October 22 with three more murders. One of the executed was the Second Sergeant of the 7th Military Zone, German Cruz Lara. According to the autopsy, his body had stab wounds in the thorax and abdomen; blows to the head, chest, shoulders, and knees; and second-degree burns on the arms and forearms, back, and abdomen.

All of these deaths occurred when the commander of the 7th Military Zone, based in Escobedo, Nuevo Leon, was Division General Javier del Real Madallanes. As of December 4, 2008, the general is the Undersecretary of Police Intelligence and Strategy in the Ministry of Public Security, responsible for the federal police's operations against organized crime.

According to Sedena, El Gori 4 participated in all of these executions. El Gori 4 was detained along with six other people as suspects in the murder of the two soldiers in Cancun.

The Decapitated

The viciousness of the murders in Monterrey was just a warning of what would occur later in Chilpancingo, Guerrero, where eight soldiers were decapitated, seven of them while they were still alive, according to the investigation dossier obtained by Proceso.

The first case occurred on December 9, when Sergeant Carlos Alberto Navarrete Moreno was murdered. His head was deposited in a bucket on the monument to the Flags, along one of the busiest streets in the city, with the message: "According to the soldiers, they are combatting organized crime. They are kidnappers. This is going to happen to them because they're whores."

The other victims were soldiers between 21 and 38 years of age assigned to the 35th Military Zone based in Chilpancingo, who were intercepted in different areas of the city--some in front of numerous witnesses--by one or more armed commandos between 8pm on the 20th and the first minutes of December 21.

In total, seven off-duty soldiers were kidnapped: Captain Ervin Hernandez Umaña, Sergeants Juan Humberto Tapia Romero and Ricardo Marcos Chino, Corporals Jose Gonzalez Mentado and Juan Muñoz Morales, as well as soldiers Julian Teresa Cruz and Catarino Martinez Morales.

The following people were murdered along with them: Simon Vences Martinez, who was assistant director of the Judicial Police during the Jose Francisco Ruiz Massieu administration[2], and 22-year-old indigenous man Oligario Vazquez Quiroz, native of the Tlacopa municipality, who worked cleaning in the 41st Infantry Battalion in Chilpancingo and was about to be promoted to soldier.

The dossier of the investigation into the murder AP/BRA/SC/02/2725/2008, compiled by the Guerrero Attorney General's Office and obtained by Proceso, establishes the soldiers' cause of death: "hypovolemic shock by external hemorrhaging, produced by the detachment of the cephalic extremity consistent with a wound produced by decapitation."

The forensic report, numbered 352/2008, states that the perpetrators used a "Giggy" saw, a very thin flexible serrated metal cable used by orthopedic surgeons to cut bones during surgery. It notes that, despite being gagged, they didn't die from asphyxia due to the fact that they decapitated them ante mortem.

Their heads were dumped in a mall parking lot near the 35th Military Zone in the south of the city. Their bodies were dropped in two places in the north.

Even though Sedena has not officially blamed these crimes on any particular organization, the military repression after the incident (which the military publicly declared "an offense that that would not go unpunished") has been focused on a Beltran Leyva organization cell in the Costa Grande region, which includes the Zihuatanejo port.

Groups who oppose the [Beltran Leyva] organization have hung "narco-banners"[3] accusing Colonel Victor Manuel Gonzalez Trejo, commander of the 19th Infantry Battalion based in Petatlan, of protecting Petatlan's ex-mayor Rogaciano Alva Alvarez and Reynaldo "El Rey" Zambada, detained this past October.

It was unofficially stated at the end of January that Gonzalez Trejo was replaced by Infantry Colonel Marco Antonio Hernandez Chavez, a soldier promoted last November by Calderon. According to the same source, Gonzalez Trejo is being investigated for the accusations against him.

Colonel Gonzalez Trejo isn't the only soldier in the zone that has been accused of protecting drug traffickers. Lt. Colonel Jose Alfaro Zepeda Soto was mentioned in narco-banners hung on pedestrian bridges and public buildings in the La Union and Petatlan municipalities, also in the Costa Grande and Acapulco, Guerrero; as well as Lazaro Cardenas, Michoacan.

Lt. Colonel Zepeda Soto, who is commander of mortar platoon in Zacatula in the La Union municipality, is accused of protecting Jose Angel Pineda Sanchez, aka "El Calentano."

The narco-messages, addressed to the head of Sedena, claim that Zepeda Soto and El Calentano received money from Jaime "El Hummer" Gonzalez Duran, one of the founders and leaders of Los Zetas detained in early November 2008 in Reynosa, Tamaulipas. The payment, they alleged, was in exchange for protection of the activities of the Gulf cartel's armed wing in Guerrero (Proceso 1678).

El Hummer also belonged to the military. He enlisted on November 15, 1991, and deserted on February 24, 1999, to join fellow ex-soldier Arturo Guzman Decenas and ex-cop Heriberto "El Lazca" Lazcano, other Zetas founders working for the Gulf cartel.

The Incorruptibles

Despite the fact that the deaths of soldiers in recent months are allegedly linked to the illegal activities of fellow members or ex-members in the military, Felipe Calderon stated on Tuesday, February 10, that Mexico's soldiers are incorruptible.

During the Mexican Air Force Day ceremony held in Tecamac, Mexico State, after requesting a minute of silence for the murder of Gen. Tello Quiñones in Cancun, he ventured: "General Vicente Riva Palacio rightfully said that society guards in its breast an incorruptible seed of morality and a core of men whom neither seduction nor fear can corrupt. That's how I view Mexico's soldiers." He added: "Mexico sees in the members of our institutions a reserve of those values that are the real security of our nation."

Beyond the soldiers murdered by ex-members of the military, there are various cases where soldiers have been murdered for their relationships with organized crime. The most recent occurred on Monday, February 9, when an armed commando group entered the prison in Torreon, Coahuila, to kill and then burn with gasoline three kidnappers who just hours prior had been imprisoned.

One of them was Ubaldo Gomez Fuentes, aka "El Uba," a second lieutenant who belonged to the 33rd Infantry Battalion's Military Intelligence Group. He was detained in early January in Coahuila for the kidnapping and murder of Monterrey businessman Rodolfo Alanis.

Ezequiel Flores contributed to this report from Chilpancingo.

Translator's notes:

[1] Ejido is a commonly held piece of land.

[2] Jose Francisco Ruiz Massieu was governor of Guerrero from 1987-1993. He was former president Carlos Salinas de Gortari's brother-in-law. He was assassinated on September 28, 1994, amid rumors that he had had various confrontations with Salinas' brother Raul, who allegedly had links to the Colombian Medellin cartel. Raul was convicted and imprisoned for bring the intellectual author of Ruiz Massieu's murder, but was exonerated ten years later.

[3] Narco-banners are banners hung by alleged members of drug trafficking organizations. They tend to criticize police, the military, or government officials of protecting or working with rival criminal organizations.

Thursday, January 29, 2009

Vigilante Groups Appear in Five Mexican States

State and federal authorities have detected at least a dozen "expressions" of this sort

by Diego Enrique Osorno, Milenio
translated by Kristin Bricker

The rise of the Citizens' Command for Juarez that, with financing from businessmen, promises to "end a criminal's life every 24 hours" is the latest in a series of recent appearances of other alleged armed groups, mainly in Guerrero, Morelos, the State of Mexico, and Sonora.

From the "Popular Anti-Drug Army," which has been hanging banners in various cities in Guerrero and Morelos since November, to the Citizens' Command for Juarez that considers itself to be the "first citizens' pos-revolutionary [sic] movement," federal and state authorities have detected at least a dozen "expressions" of this sort, according to judicial authorities from various federal and state entities that were consulted.

In the case of Chihuahua, at the end of last year, the imminent creation of a parapolice group that would combat organized crime in Ciudad Juarez was made known through guild events and publications. Juarez authorities, faced with assassinations and desertions, have decided to travel to indigenous communities in Oaxaca to beef up their paltry police forces with new recruits.

Yesterday, the president of the Chihuahua Congress' Security Commission, Andreu Rodriguez, responded to the communique issued by the self-proclaimed Citizens' Command. Through a written document sent to Milenio, the Institutional Revolution Party (PRI) legislator stated that "this sort of citizens' response was expected. However, this is not the way things should be resolved."

According to the legislator, "Neither the Military nor the federal government, through its police forces, have any room to defend themselves. The same goes for the state and municipal governments. If there isn't a response to the people's complaint, this is going to get bigger. Either they solve the problem or the social breakdown will multiply around the country. Be careful about that."

An official from the Federal Attorney General's office stated that the armed group's communique was part of a narco-terrorism strategy established by one of the many criminal organizations that fight for control of the border city.

Armed Ranchers

Petatlan, in the outskirts of the Guerrero mountain range and the area known as Costa Grande, is the county from which Rogaciano Alba lead the State Ranchers Union for many years before about twenty of the people closest to him were murdered and one of his daughters kidnapped. Operating clandestinely since the middle of last year, the rancher initiated the formation of a group called the "Army that Liberates the People," which has hung banners with messages threatening the region's drug traffickers, as well as praising the Mexican military "for its achievements in the struggle against drug trafficking."

As a result, Rogaciano Alba, who in SIEDO's [SIEDO is the Assistant Attorney General's Office for the Specialized Investigation of Organized Crime] Operation Clean-Up depositions was indicated as an alleged drug trafficker working for Joaquin El Chapo Guzman, has become the leader of a group plainly identified as a paramilitary organization. This group has been credited with various executions, including that of the Iguala [Guerrero] police commissioner "for working for the Beltran Leyva brothers." [1]

In its first message sent out on November 20, Rogaciano's "Army that Liberates" states: "The people of Mexico are called to participate in the war against the drug trade... In Guerrero the Popular Anti-Drug Army was born and we have important cells in other parts of the Republic."

According to official reports, this group operates in Guerrero, Morelos, and the State of Mexico.

Avengers of the People

Another two groups in the same vein have appeared in the same zone over the past couple of months. One is called "The Black Command" and another is called "The Avenger of the People." The latter has hung messages in public places, accusing the ex-leader of the ranchers of directing a drug cartel in Guerrero for years, and for having ordered the assassination of lawyer Digna Ochoa, defender of activists in the region. The appearance of armed groups have been recorded in Oaxaca and Chiapas in regions with organized crime influence.

Investigator Luis Astorga says that after the rise of Los Zetas, criminal groups around the country have changed their traditional operating schemas, disposing of their teams of hitmen in order to begin to form that which the National Autonomous University of Mexico (UNAM) specialist calls "paramilitary groups."

Dario Azzellini, an Italian expert in organized crime and particularly that which he calls "the new wars," compared Mexico's situation with Colombia's. "The paramilitary model in Mexico is different from Colombia. In Colombia irregular troops are organized to take over territory, houses, etc. In Mexico paramilitary communities are created. They infiltrate them, they prepare them, and the become paramilitary communities."

Declarations of War

In the middle of this wave of appearances of alleged armed groups, an organization called "Armed Movement of the North" issued an electronic communique in which it declares war against the Mexican government. The missive signed in Sonora manage to catch the attention of the armed forces, according to Milenio commentator Javier Ibarrola.

In contrary to other groups, this message circulated on virtual networks where writings from the Popular Revolutionary Army (EPR), the Zapatista Army of National Liberation (EZLN), and the Insurgent People's Revolutionary Army (ERPI) normally appear. In the message, the Armed Movement of the North says it is "an organization of revolutionary character made up of students, professionals, and workers with the objective of defending the sovereignty of the Mexican people against aggressions from foreign capital, imperialism, and the abuses and injustices of the current government. Our fundamental base are social principles and ideas. Born in March 2006, today organized as a Movement of Armed Resistance against the Government due to the necessity of facing our country's current political and economic system in defense of the people."

Translator's notes:


1. There is reportedly a split between El Chapo and the Beltran Leyva brothers, who used to operate a cell of the Sinaloa cartel, which is run by El Chapo, which could explain why a parapolice group associated with El Chapo would attack the Beltran Leyva organization.


From Narco News: http://narcosphere.narconews.com/notebook/kristin-bricker/2009/01/vigilante-groups-appear-five-mexican-states

Monday, January 12, 2009

Dirty Tactics in Operation Clean-Up

Operation Clean-Up's arrests of Mexican officials are based on hearsay and contradictory testimonies; many of the accused could be set free

by Ricardo Ravelo, Proceso

translated from the original Spanish by Kristin Bricker

The attempt to clean up the Attorney General's Office (PGR) appears to be threatened by deficiencies in the investigation which have already resulted in judicial losses in favor of some of the accused. And what's worse, it might have to face an international denunciation for employing "dirty means" in its zeal to find culprits.

Inconsistencies, contradictions, and statements based on hearsay produced by protected witnesses may lead to the downfall of the so-called Operation Clean-Up, which is led by Federal Attorney General Eduardo Medina Mora. The operation's aim is to "clean up" the institution responsible for combatting organized crime. The PGR has been infiltrated by drug traffickers for years.

The vices and failings in compiling the dossier PGR/SIEDO/UEIDCS/0241/2008 have begun to surface: the ex-chief of the Assistant Attorney General's Office for Specialized Investigation of Organized Crime (SIEDO), Noe Ramirez Mandujano, won an injunction in the 6th District Criminal Court which blocked the extension of his administrative detention for 40 more days. However, the PGR announced on December 25, 2008, that it had requested an appeal of the injunction, which is why the ex-federal official remains detained, but not under administrative detention, and his legal situation could be resolved in another month.

That's not all: Despite being accused by three protected witnesses of forming part of a network that protected the Beltran Leyva brothers, judicial authorities denied imprisonment pending trial for Miguel Colorado Gonzalez, ex-technical coordinator of the SIEDO who is implicated as part of Operation Clean-Up, because they say the PGR did not prove his ties to drug trafficking.

However, Colorado Gonzalez remains detained in the Puente Grande maximum security prison--the same prison Joaquin "El Chapo" Guzman Loera escaped from, and the same prison where Alfredo "El Mochomo" Beltran Leyva has been imprisoned since January 2008. The reason: the United States government formally requested his extradition on December 24. A court in that country has summoned him to be prosecuted for the crime of conspiring to traffic drugs.

In a telephone interview on Wednesday December 30, Miguel Colorado Luke, son of the ex-PGR official, said that his father is prepared to face the United States court "as soon as possible," and for that reason his lawyers will demand that the Foreign Relations Ministry speeds up his transfer.

"Every other person fights in Mexican courts to not be tried in the United States. Why does your father prefer to be immediately extradited?" Luke was asked.

"In Mexico the PGR doesn't want to prosecute him because, according to what we've seen in the dossier, there isn't any evidence against him. All of the witnesses that implicate him rely on hearsay. They're false accusations.

"Faced with this reality, the family has decided to stand trial in the United States, where we are sure that we're going to win, and afterwards we'll initiate a countersuit so that the international community sees that the PGR is an institution that uses dirty means to try to push on with its Operation Clean Up."

Miguel Colorado is the person that, under Noe Ramirez Mandujano's orders (Ramirez led the SIEDO from January 2007 until July 2008), began to spy on Captain Fernando Rivera Hernandez after the then-assistant attorney general received reports from the DEA in March 2008 that accused Rivera and another group of soldiers and civilians--all of them SIEDO officials--of being in collusion with the Beltran Leyva brothers and of receiving monthly payments of up to USD$450,000 (Proceso 1674).

Colorado is the only soldier that has not taken refuge in the witness protection program, but in the dossier PGR/SIEDO/UEIDCS/0241/2008 he appears to be splattered with drug corruption, according to statements from his accusers.

Protected witnesses Saul, Moises, and David incriminate Miguel Colorado in the Beltran Leyva organization's payments to officials.

For example, an addition to his statement before the SIEDO on August 8, 2008, the witness Moises (as Captain Fernando Rivera, Colorado's boss, is identified by the PGR) states that Miguel Colorado and Jose Antonio Cueto (who is indicated in the same dossier as the main recruiter of officials to serve the Beltran Leyva brothers) have known each other for a long time.

Additionally, the witness David (code name of soldier Roberto Garcia Garcia, who was a member of the Mexican Military's High Command Special Forces Airmobile Group), when he elaborated on his September 25, 2008, testimony, said that he learned that a federal agent known as El Pinocho "received money from the [Beltran Leyva] organization" and that the same man was the one who "handed over the money to Miguel Colorado."

However, David does not specify how he learned of such facts, nor if there is any record of them, which is why Miguel Colorado's family considers him to be a "hearsay witness."

At least El Pinocho isn't David's own invention, according to what is inferred from the same SIEDO investigation. El Pinocho is Francisco Javier Jimenez Sanchez, accused by Saul (another witness whose real name is Milton Cilia Perez) as Sergio "El Grande" Villareal Barragan's protector. This man was ministerial agent and was assigned to the Stolen Vehicles department in Coahuila, but he switched sides to work with the Gulf cartel is now a Beltran Leyva employee in La Laguna and in the state of Morelos, one of their main refuges.

Fabricated Evidence

Amongst the group of soldiers and civilians who worked in the SIEDO, Miguel Colorado is known as "the old man of the heavens" for his fondness of reading the Bible. And it's by this nickname that Emiliano, another protected witness, refers to him. On September 9 of last year, Emiliano said "that he recognizes the old man of the heavens or 'the elderly man' as a member of the organization" led by the Beltran Leyva brothers.

"All of this," says Colorado Luke, "is made up. That's why the accusation didn't stick in my father's case, and now they want to extradite him, because the PGR doesn't want to look bad in Mexico. Moreover, the majority of the soldiers implicated in Operation Clean-Up have stated that they weren't under orders from Attorney General Medina Mora nor from Noe Ramirez Mandujano, but rather from the Brigadier General Luis Rodriguez Bucio," ex-head of the Anti-Narcotics Intelligence Center.

According to his record, Rodriguez Bucio was dismissed after becoming caught up in Operation Clean-Up. Previously he was involved in the dossier 55/2001 for "misuse" of the 4310 certificate, earmarked for "transfers for national and public security expenses." This incident came out of a statement against him in the PGR, along with Wilfredo Robledo Madrid and Genaro Garcia Luna (who acted as head of the Federal Investigative Agency during the past administration) for purchasing aircraft without soliciting bids. Afterwards, the Internal Affairs Department released him from responsibility.

Meanwhile, Operation Clean-Up's voluminous dossier PGR/SIEDO/UEIDCS/0241/2008 shows inconsistencies: the protected witnesses--whose statements this weekly had access to--have fallen into contradictions regarding the places where the Beltran Leyva brothers' agents handed over payments to the SIEDO "informants" accused of protecting them.

For example, Jennifer says in her statement that the money was delivered to Captain Fernando Rivera (ex-coordinator of SIEDO intelligence and also a protected witness) in the El Caballito tower, on Paseo de la Reforma Ave., although, she says, other meet-ups took place near the National Auditorium. Saul testified that Rivera was paid in the house of Roberto Garcia Garcia (who is now the witness "David"), in Satelite.

Another witness, Felipe, (as the ex-federal agent Alberto Perez Guerrero is identified), whose statements set off Operation Clean-Up, has been testifying since mid-2008 in the Mexican Embassy in the United States without a lawyer present, "because that's how he requested it." The two additions to his testimony happened in the presence of a US lawyer, but the ministerial act does not specify if the lawyer speaks Spanish or if s/he is familiar with Mexican laws.

Multiple witnesses don't remember or refer to incidents that they were made aware of through a third party, which demonstrates "the porosity" of a good part of the accusations against civilians and soldiers presumably implicated in drug trafficking.

Zambada's Infiltration

In the tangle of statements produced by the protected witnesses--one of the investigation instruments utilized by the PGR in this case and that, incidentally, was not submitted for revision during the recent legal reforms approved by Congress--stories arise that are now part of the accusatory dossier put together by the SIEDO against its ex-officials.

Likewise, old arrangements are getting back on their feet: the pacts, for example, that have been alleged between the Ernesto Zedillo administration and brothers Rey and Ismael "El Mayo" Zambada, that latter being one of the emblematic figures in the Sinaloa cartel.

In his ministerial statement on August 20, 2008, David says that a person named Oscar the Lawyer (an alias that Rey Zambada used to hide his identity) made payments to the administrative coordinator of the defunct Special Prosecutor for Attention to Crimes Against Health, Hiram Gonzalez, as well as Mariano Herran Salvatti, who took the place of General Jesus Gutierrez Rebollo in the PGR's anti-drug prosecutor's office after his dismissal and imprisonment for being in collusion with the drug baron Amado Carrillo Fuentes.

The witness tells of

an event that occurred a little over a year ago, without remembering the exact date, [where] Jose Antonio Cueto [a recruiter of civilian and military officials in SIEDO to put them to work for the cartels] called the witness by Nextel radio to tell him that they would go to eat with other people in a Chinese food restaurant that was located on Paseo de la Reforma Ave. at the intersection with Palmas...

The witness waited for him at the door. Upon arriving, Cueto entered and took the witness to a table in the back where there were six men. One of them presented himself to Jose Antonio Cueto as Oscar the Lawyer; he was surprised that the witness was present. Cueto Lopez told [Oscar the Lawyer] that the witness was his friend and that it was as if the witness were Cueto himself because he trusted the witness completely.

Next, David describes "Oscar the Lawyer" as

55 years old, medium build, one meter and 68 cm tall, brown-skinned, short wavy hair combed back, normal face, small eyes, nose with a slight downward curve, normal eyebrows, small mouth... Dressed in a fine suit and an expensive watch. The other five subjects who were with Oscar the Lawyer were his bodyguards.

He adds:

Oscar the Lawyer asked him who he was and what his job was. The witness responded that he was a federal investigation agent and that he was assigned to the SIEDO.... He stated that Jose Antonio Cueto and Oscar the Lawyer talked about a sum of money without stating the amount because they had previously discussed the subject. Oscar wanted to unblock the money he referred to, which was frozen in Banamex and Banorte bank accounts. They alluded to Oscar's family member who worked in Banamex. Upon leaving, he went to the valet parking. Oscar's car arrived first: a blue armored BMW.

There was a second meeting between Cueto Lopez and Rey Zambada in his role as "Oscar the Lawyer." David states in his ministerial statement that he does not remember the date,

but that it was more or less a month after the first one, this time in the Champu Helices restaurant on Paseo de la Reforma Ave. in front of the American [sic] embassy. On this occasion Oscar was accompanied by another subject who presented him/herself with his last name, but the witness doesn't remember it. The subject said he wanted to discuss issues with Los Zetas in the SIEDO and that he represented that cartel's interests.

On another occasion Oscar the Lawyer asked if there was an extradition order against "el Chapito," that is, Joaquin Guzman Loera's son Archivaldo Guzman--I don't remember the his second last name. Cueto Lopez said that we should let him know immediately. He called Alberto Perez Guerrero [the witness Felipe who gave his testimony in the United States and whose statements set off Operation Clean Up], who worked in the American embassy. He didn't want him to go into the restaurant; he sent the witness in... Perez Guerrero only had to cross Reforma Ave. The witness met him on the street.... The witness told [Guerrero] that he was interested and responded that he didn't know if el Chapito had an extradition order or not, but he said he'd verify it in the embassy and [in] Interpol. The witness returned to the table and informed those gathered of what happened.

That time Oscar the Lawyer seemed very worried over the alleged extradition order. Both Cueto and the witness told Oscar the Lawyer that the SIEDO had information about houses where they were going to try to locate Joaquin Archivaldo Guzman Loera, aka El Chapo Guzman, and Alfredo "el Mochomo" Beltran Leyva.... Oscar the Lawyer said that he was interested in that information, but that they should give it to him another time.... When we left we went to the office of the lawyer who said he represented Los Zetas, because Cueto Lopez had gotten into legal problems with his cousin Rodolfo de la Guardia [ex-director of Interpol, currently held under administrative detention] and he was thinking about seeking a lawyer. Said lawyer took them to a white three-story building which was located behind the American embassy, [and] he said that he was the owner of the whole building.

After about a month, a third meeting occurred in the Camino Real de Polanco Hotel. The witness came with his resume. Jose Antonio Cueto Lopez had stayed with Oscar the Lawyer, who was going to give the witness the address of the Culiacan, Sinaloa, Public Security Ministry office, so that from there he could protect the both their interests and those of their bosses, El Chapo Guzman and the Beltran Leyva brothers. On this occasion, information was given to Oscar the Lawyer about places where the SIEDO could carry out operations to detain El Mochomo and El Chapo Guzman. For that, Oscar the Lawyer paid USD$10,000.

Finally, the witness David implicates ex-officials from the defunct Special Prosecutor's Office for Attention to Crimes Against Health (FEADS in its Spanish initials). After recounting the fear that Cueto had of Rey Zambada--when the FEADS was still in existence, Zambada had ordered the kidnapping and execution of a Federal Judicial Police commander--he stated: "Cueto says that Oscar (the Lawyer) was sending money, without saying how much, to Hiram Morales, who was the FEADS administrative coordinator, who gave part to the then-Special Prosecutor Mariano Herran Salvatti."*

Translator's Notes:

*In a twist of irony, Mariano Herran Salvatti is currently in legal trouble for fabricating evidence to imprison innocent people in Chiapas. Under pressure from a months-long hunger strike carried out by political prisoners in prisons across Chiapas, the Chiapas government reviewed their cases and many others. As a result of their review they released 137 prisoners (only 30 of them political prisoners, but more political prisoners have since been released) whom they say were most likely innocent of the crimes they were imprisoned for--but the prisoners remain on parole and must report weekly. The Chiapas Congress accuses Herran of inventing many of the charges that imprisoned the innocent men and women.

From Narco News: http://narcosphere.narconews.com/notebook/kristin-bricker/2009/01/dirty-tactics-operation-clean

Wednesday, December 10, 2008

Why Plan Mexico will Crash and Burn

Rampant corruption on both sides of the border exacerbate the ineffectiveness of an already failed strategy


Plan Mexico, the US military and police aid package to the Mexican government, is based on a failed “war on drugs” model. This model prioritizes criminalizing the drug trade at the expense of focusing on the harmful effects of drug abuse and addiction as a public health problem. The result has been a blood-soaked disaster.

The War at Home

The United States’ war on drugs kicked into high gear beginning with the Nixon administration in the 1970s. President Nixon increased the federal resources dedicated to prosecuting drug crimes and increased penalties for drug dealers. The Reagan administration followed suit and increased penalties for drug users, especially crack users. The first Bush administration continued the march to war by appointing Bill Bennett as drug czar. Rolling Stone’s Ben Wallace-Wells reports that Bennett once commented: “Two words sum up my entire approach: consequences and confrontation.”

Decades of drug war policy decisions were made based on rhetoric, not hard data. A 2001 report from the National Research Council on the drug war concluded, “The existing drug-use monitoring systems are strikingly inadequate to support the full range of policy decisions that the nation must make.... It is unconscionable for this country to continue to carry out a public policy of this magnitude and cost without any way of knowing whether and to what extent it is having the desired effect."

After decades and hundreds of billions of dollars spent on get-tough drug policies, the war on drugs’ collateral damage is painfully evident. The Drug Policy Alliance Network (DPAN) states that approximately 1.5 million people are arrested each year in the United States for drug law violations, making the US the biggest jailer in the world—at the expense of US taxpayers. Even the chronically ill are fair game in the war on drugs: the Supreme Court ruled in 2005 that the federal government can prosecute medical marijuana patients, even in states where medical marijuana is legal. And the drug war is making US residents even sicker: because the federal government refuses to fund needle exchange programs, intravenous drug users are at high risk for hepatitis and HIV infection. Thirty-four percent of all reported new HIV infections are amongst intravenous drug users, with 75% of reported new HIV infections amongst women and children being in some way related to intravenous drug use. Needle exchange programs, while painfully under-funded and stymied by some states’ laws against the possession, distribution, and sale of syringes, are scientifically proven to lower infection rates.

The US government’s blanket criminalization of all narcotics use has focused the overwhelming majority of its resources on enforcing an arbitrary notion of “right and wrong” at the expense of the nation’s health. A better policy would focus on the harmful consequences of drug abuse, redirecting drug war resources to drug treatment programs so that people who desperately want to quit can do so.

While the majority of US citizens support drug treatment over incarceration, incarceration still remains the priority in many states. This reporter watched as a mother arrested for a drug violation begged a Philadelphia judge to sentence her to a drug treatment program instead of jailing her. She explained that she’d already been in jail and it didn’t get her off drugs, and that she couldn’t get into a drug treatment program she could afford. The judge sentenced her to prison.

In the US, this mother’s story is not unique. There are numerous reports of drug addicts dying from overdoses while on waiting lists for beds in rehab centers. Despite Virginia’s state Congress-led study that found that many rehab programs cost less than incarceration, states all over the country continue to cut funds. The federal government is also cutting funds for drug rehab: while the US government hopes to spend between $400-$470 million on Plan Mexico in 2009, President Bush proposed a $73 million cut in domestic drug treatment programs in the 2009 budget he sent to Congress.

The War Abroad

Bush’s criminal under-funding of drug treatment programs in the US flies in the face of the logic of supply and demand: while the US continues to be the world’s biggest market for illicit drugs, drug traffickers will find a way to produce and transport those drugs into the United States, even if they have to kidnap, torture, or kill every rival, cop, and journalist in Mexico to do it. They have an impressive incentive: drug trafficking is an estimated $50 billion a year industry in Mexico alone.

Plan Mexico, officially known as the Merida Initiative, has a number of striking similarities to Plan Colombia. So far, the US has sunk nearly $5 billion in US personnel, armament, aid, pesticides, and training to Colombia’s military and police in order to continue the drug war in that country. The results: Plan Colombia has exacerbated violence in the region, has been implicated in massacres of indigenous communities in resistance, and has failed to meet its own benchmarks.

When Presidents Clinton and Pastrana proposed Plan Colombia, their stated goal was to cut Colombia’s drug production in half. However, the United States Government Accountability Office (GAO) reported this month that coca cultivation has actually risen 15% since 2000, when Plan Colombia first went into effect. Cocaine production rose 4% over the same period.

The US Department of Justice (DoJ) explains how drug cartels have managed to increase production despite the unprecedented military offensive: “Coca growers, primarily in Colombia, have sustained and seemingly increased overall cultivation in South America by expanding growing operations to areas where large-scale coca cultivation had not been reported previously.” This increase happened despite the fact that “[t]he U.S. State Department reports that 2006 was the sixth consecutive year of record aerial spraying in Colombia, surpassing the previous year's record by 24 percent.”

This increase occurred because, with US demand for Colombian drugs unaffected, drug cartels have adapted and evolved. Producers have abandoned cultivating large open coca fields in favor of many tiny ones hidden under trees or in tall weeds in order to avoid aerial detection and spraying. When US and Colombian forces took out the notorious Medellin and Cali cartels, drug trafficking was virtually unaffected. Scores of smaller “boutique” cartels stepped up to take their place almost immediately. These “cartelitos” have managed to keep a lower profile than their drug kingpin predecessors. Furthermore, whereas the Colombian cartels previously dominated drug trafficking (including through the Central American-Mexico corridor to the United States), the US DoJ reports that Colombian drug trafficking organizations increasingly rely on Mexican cartels to smuggle heroin to the United States. As for cocaine trafficking, in 2002 approximately 72% of the cocaine that entered the US traveled the Mexico-Central American corridor. This number rose to 90% in 2006. Mexican drug cartels now dominate the US market thanks to the evolution of the drug trade caused by Plan Colombia.

While Plan Colombia may have failed to stop or even slow down drug trafficking, it has succeeded in opening up Colombia to international financial institutions and transnational corporations. When it announced the $7.5 billion Plan, the impoverished Colombian government pledged $4 billion of its own money towards the project. Colombia then took out a $2.7 billion loan from the International Monetary Fund (IMF) in December 1999. In exchange for the loan, it agreed to IMF-imposed structural adjustment and economic austerity measures. Global Exchange reports that in order to comply with the IMF’s demands, Colombia “cut health care, education and other social services for millions of Colombians, laying off tens of thousands of workers in the process.” Colombia’s neoliberal nightmare isn’t over: George W. Bush has proposed a hotly contested free trade agreement for Colombia.

Internal displacement skyrocketed under Plan Colombia. In 2001, the United Nations High Commissioner for Refugees (UNHCR) estimated that the decades-long civil war in Colombia had resulted in 525,000 internally displaced people. By 2005, the year Plan Colombia officially expired (although to this day Colombia remains the biggest American recipient of US foreign military financing), the UNHCR estimated two million internally displaced people. The Catholic Church carried out its own independent investigation that same year and counted 2.9 million displaced people.

The Center for International Policy’s Colombia Program reports that arbitrary arrests also skyrocketed under Plan Colombia. During the 6-year period between 1996 and 2002, there were 2,869 documented arbitrary arrests by Colombia government security forces. During the 2-year period between 2002 and 2004, when Plan Colombia was in full effect, there were 6,332 documented arbitrary arrests.

The Center for International Policy’s Americas Program reports that other human rights indicators also suffered: “Killings of unionists increased from 91 in 2003 to 94 in 2004.” The Americas Program also reports a “rise in reports of torture and disappearances, as well as arbitrary detentions and extra-judicial executions carried out by the security forces. The Colombian Commission of Jurists reports that the state security forces killed 184 civilians in 2003, up from an annual average of 120 between 1998 and 2002.”

While Colombia’s President Uribe and the US government argue that the body count in Colombia’s decades-long civil war is finally decreasing, Colombian researcher Hector Moncayo argues, “When they’ve already massacred an entire population, the fact that now they’re killing less isn’t an improvement. That’s like saying that [Chilean dictator Augusto] Pinochet, after four years of being in power, turned democratic because he was no longer killing and disappearing people. Well of course—he’d already achieved what he’d set out to do by that time.”

Five Reasons Plan Mexico Will Crash and Burn

Despite the drug war model’s documented history of death, destruction, and miserable failure, some believe that it can work in Mexico, or at the very least be a Trojan horse for improving human rights and the rule of law. So, for those who believe that Mexico can be the exception to the rule, Narco News presents Five Reasons Plan Mexico Will Crash and Burn.

The Plan Mexico spending plan that Narco News obtained in September of this year does not detail the quantity of funds and resources each Mexican agency will receive. Instead, it groups chunks of money thematically (such as “Governing Justly and Democratically” and “Peace and Security”) and mentions recipient agencies in its overview of the category. It is therefore impossible to determine exactly how much money in resources and training each individual Mexican agency will receive, or where exactly the money will go.

Reason #1: The Mexican Federal Attorney General’s Office (PGR in its Spanish initials):

The PGR is mentioned 17 times as a recipient of US armament, equipment, and training in the spending plan. Specifically, Plan Mexico will provide the PGR with training and technical assistance to develop electronic and undercover evidence, and systems design and programming support for the PGR’s intelligence unit—in other words, spy training. Funds will also expand the PGR’s case-tracking system. Plan Mexico will pay to refurbish and equip two Citation II C-550 surveillance aircraft, which have radar and cameras and can be (and often are) outfitted with weapons for the drug war. Plan Mexico will also support and expand Project OASSIS, a bilateral program that targets human smugglers on the US-Mexico border. Through Project OASSIS, the US and Mexican governments exchange critical information, coordinate enforcement operations, and jointly target cross-border criminal activity. The Plan Mexico spending plan also vaguely mentions other unspecified “security equipment and training” for the PGR.

Like most Mexican agencies charged with investigating and combating drug trafficking, the PGR has been wracked by scandals due to a significant number of its agents and top officials being on drug traffickers’ payrolls. These cartel informants are paid significant sums of money in exchange for both protection and information. While security and intelligence integration is a goal of both Plan Mexico and its inspiration, the Security and Prosperity Partnership, the US should be very careful about who in the PGR receives sensitive drug trafficking intelligence. It seems as though no one in the PGR is immune to the lure of high-paying cartel side jobs, not even the people who run it.

The highest-ranking PGR official to be detained for working for the cartels is Mexico’s drug tsar himself, Noé Ramírez Mandujano. Attorney General Eduardo Medina Mora announced on November 20 that Ramírez Mandujano has allegedly been on the Pacific cartel (also known as the Sinaloa cartel) payroll since shortly after he began working as the head of the Assistant Attorney General’s Office for Specialized Investigation of Organized Crime (SIEDO). As an agency within the PGR, the SIEDO is responsible for the PGR’s drug trafficking investigations. Medina Mora accuses his colleague Ramírez Mandujano of having received at least one payment of USD$450,000 in exchange for passing confidential information to the Sinaloa cartel. The $450,000 was intended to be a recurring monthly payment, but Medina Mora did specify whether or not the payments continued. Ramírez Mandujano is being held under administrative detention pending formal criminal charges.

While Medina Mora did not specify what information Ramírez Mandujano allegedly passed to the Sinaloa cartel, it remains painfully clear that Ramírez Mandujano has consistently dragged his feet in investigating corruption within the SIEDO, which has been leaking like a sieve under his watch. The Mexican weekly Proceso reports that Ramírez Mandujano received concrete information about moles within his agency as early as March 2008 when the DEA told him, “Your office has turned into an extension of the Beltran brothers’ cell.” [The Beltran Leyva brothers operate a Sinaloa cartel cell.] The DEA went on to give Ramírez Mandujano a list of SIEDO agents who worked as Sinaloa cartel informants. The list included Fernando Rivera Hernandez, then-deputy director of SEIDO’s Technical Coordination, and SIEDO commanders Roberto Garcia Garcia and Milton Celia Perez.

Ramírez Mandujano’s response to the DEA’s revelation was to investigate the three men—for 15 days. He gave up the investigation after the three men under investigation got angry.

It’s not clear that Ramírez Mandujano’s investigation would have produced results even if it had continued. Four of the seven agents Ramírez Mandujano assigned to investigate and follow Rivera, Garcia, and Celia were also on the Sinaloa cartel payroll. The Sinaloa informants who were in charge of investigating their colleagues were SIEDO agent Miguel Colorado Gonzalez and Federal Investigation Agency (AFI, the PGR’s police force) agents Antonio Mejia Robles, Jorge Alberto Zavala, and Francisco Javier Jimenez. Colorado, Mejia, and Zavala are all currently imprisoned for their ties to drug traffickers. Jimenez is at large. Rivera, Garcia, and Celia have all entered into the witness protection program. They are testifying against their former boss, Noé Ramírez Mandujano.

According to Medina Mora, Ramírez Mandujano was fully aware that both Rivera and Colorado were working for the Sinaloa cartel when Ramírez Mandujano assigned Colorado to investigate Rivera’s alleged links to drug trafficking. Rivera and Colorado both participated in a meeting between Ramírez Mandujano and a Sinaloa cartel member.

It will be interesting to see how many of the PGR officials currently arrested or held under administrative detention will actually serve time in prison. In his article “Links between Mexican Security Secretary Garcia Luna and Drug Kingpin ‘El Mayo,’Proceso’s veteran drug reporter Ricardo Ravelo recounts:
In 1993, when Rodrigo Esparza was a PGR delegate in Sinaloa, the first rumblings surfaced over his alleged relationship with Joaquín "El Chapo" Guzmán Loera, then a bitter rival of the Arellano Félix brothers, the bosses of the Tijuana cartel.

According to the official memo DGPDSC/UEA/1938/2005, dated August 12, 2005, and obtained through a request to the Federal Institute for Access to Information (record number 0001700181305), Esparza was accused of impeding the administration of justice. Said accusation was registered in the criminal proceeding 159/93, which came out of the criminal investigation 3423/93. On June 28, 1993, the charges were accepted by the Third Criminal Court in the Ramo District in Mexico City, and later he was imprisoned awaiting trial.

His detention was revoked on August 23, 1993, via judicial tricks. In less than three months, Esparza saw the investigation into his alleged wrongdoings buried with a stay of proceedings in his case. This precedent notwithstanding, Rodrigo Esparza is now [Secretary of Public Security Genaro] Garcia Luna's right hand man in the PFP [the Federal Preventive Police].
Heated debate over human rights in an increasingly militarized Mexico was at the center of the process of approving the first year of funding for Plan Mexico. Rather than opposing financial and logistical support for a military strategy that has by all measures been a human rights disaster as well as a miserable failure in slowing down the drug trade, US lawmakers and large human rights organizations such as Amnesty International and the Washington Office on Latin America (WOLA) pushed for the inclusion of so-called human rights conditions in the final bill. The efficacy of these conditions is in question: the human rights requirements only condition 15% of the anti-narcotics and military funds (USD$43 million out of 2008’s USD$400 million by the US government’s calculations). Furthermore, the US Secretary of State is responsible for certifying compliance with the conditions. While this $43 million is currently held up because Mexico has failed to meet the human rights conditions, it remains to be seen for how long the US State Department will be willing to implicitly admit that one of its principal allies in the western hemisphere is a criminal human rights abuser.

One of the Plan Mexico human rights conditions requires that the Mexican government “is continuing to enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.” The Mexican government does not appear ready to comply with this condition any time soon.

The PGR has been caught up in a series of unresolved torture scandals and has failed to purge known or suspected torturers from its ranks. One criminal investigation, PGR/SIEDO/UEIDCS/106/2005, involves an incident in which AFI agents allegedly detained five alleged members of Los Zetas (the former Mexican military’s Special Forces soldiers who defected to work as the cartels’ private army), and instead imprisoning them, handed them over to people working for the Beltran Leyva criminal organization. The alleged Zetas were tortured, and one was murdered. The Beltran Leyva cartel later published the video of the torture and execution online. One of the PGR officials named as an accomplice in the criminal investigation is Francisco Lara Saldaña, who at the time was a PGR subdelegate in charge of Penal Processes in the city of Acapulco. Despite the fact that the criminal investigation remains open, Lara Saldaña was promoted in December 2007 to be the PGR’s delegate in the state of San Luis Potosi.

Even after the US Congress passed Plan Mexico, the PGR showed no signs of ending its use of evidence obtained under torture in criminal investigations. The three alleged Zetas that the PGR arrested shortly after the terrorist grenade attack on Independence Day celebrations in Morelia, Michoacan, on September 15, 2008, were tortured before they officially entered into the PGR’s custody. There is physical evidence of the torture, including x-rays of their broken bones. The suspects claim they were brutally tortured by unknown assailants over a period of days until they learned a script confessing to the grenade attacks. The PGR then received an anonymous tip stating the location of the suspects. Inexplicably, the PGR waited 26 hours before sending only three SIEDO agents to the house described in the anonymous call—odd behavior considering the men are suspected of carrying out a terrorist attack and belonging to an organization that is armed to the teeth with military-issue weapons. An official memo leaked from a Mexican intelligence agency to Proceso’s Jorge Carrasco Araizaga and Francisco Castellanos states that unnamed Michoacan security forces met with representatives of the La Familia cartel just prior to the arrests. La Familia runs Michoacan, is in the middle of a turf war with Los Zetas, and had promised to carry out an independent investigation of the Morelia grenade attack.

The PGR is also responsible for the Brad Will murder investigation. Multiple US Congressional aides have said the PGR “mishandled” the investigation. The PGR recently issued arrest warrants for the witnesses to Will’s murder who claim that Oaxacan police and public officials shot the Indymedia reporter from a distance during the 2006 uprising in that state. The PGR ignored video, photographic, and ballistic evidence that clearly points to the officials, and is basing its case almost entirely on the testimony of the local mayor’s cousin, who claims an unknown “voice” told him APPO supporter Juan Martinez murdered Will.

Reason #2: The Federal Public Security Ministry (SSP)

The SSP and its police force, the Federal Preventive Police (PFP, which is charged with preventing crimes and acts as a notoriously brutal federal riot police squad during protests), will receive training, security equipment, non-intrusive inspection equipment, contraband-detecting canines, “education in police techniques, professional conduct, and ethics,” and polygraph equipment and training.

Of all of the Mexican security agencies currently embroiled in corruption scandals, the SSP’s troubles appear to be the most pervasive: the Public Security Secretary himself has been accused of having links to drug traffickers, primarily Sinaloa cartel leader Ismael “El Mayo” Zambada. Despite the claims of federal police who have worked under Secretary Genaro Garcia Luna’s watch, multiple former cartel members who turned state’s witnesses, and current cartel members, all of whom say Garcia Luna is working for the Sinaloa cartel, the Secretary remains in power. He’s even survived PGR criminal investigations against him, which, rather than absolving him of any wrongdoing, simply went nowhere and remain open.

Garcia Luna’s impressive ability to advance within the federal government despite all the accusations against him is made all the more suspicious due to Narco News correspondent Bill Conroy’s argument that the Sinaloa cartel seems to be receiving preferential treatment under the Calderon administration. Conroy’s suspicions are somewhat corroborated by veteran drug reporter Ricardo Ravelo’s assertion that if one analyzes arrests statistics and body counts, one cartel (always a different one) emerges as each Mexican president’s untouchable cartel.

The most damning accusation against Garcia Luna comes from a group federal police officers who recently wrote a letter to the Mexican Congress detailing their case against Garcia Luna. They claim an unnamed high-ranking cartel member and his convoy of gunmen stopped Garcia Luna and his 27-agent motorcade, which was also armed, on the Cuernavaca-Tepoztlan highway this past October 19. According to the federal police officers’ letter, the gangsters disarmed Garcia Luna’s bodyguards without any resistance, thanks to Garcia Luna’s order to that effect. Ravelo, who reported the incident in Proceso, writes, “The agents who are familiar with the incident, and whose names are omitted for fear of reprisals, state in the document that the ‘gangster’s’ voice said to Garcia Luna: ‘This is the first and last warning so that you know that, yes, we can get to you if you don't follow through on the pact.’” Garcia Luna then left his disarmed and blindfolded bodyguards to go to an undisclosed location to meet with the high-ranking cartel member for four hours.

Garcia Luna’s credibility is further called into question by his closest colleagues’ criminal ties. In addition to Rodrigo Esparza Cisterna, the acting commissioner of the PFP who managed to only spend three months in jail for his alleged ties to Joaquin “El Chapo” Guzman of the Sinaloa cartel, another Garcia Luna colleague who is currently imprisoned is Édgar Enrique Bayardo del Villar, an inspector for the PFP’s Anti-Drug Division. Two witnesses claim that the Zambadas paid Bayardo “millions” to protect their drug business. During Bayardo’s tenture in the PFP, Garcia Luna apparently failed to notice that Bayardo had purchased (in cash) a Mercedes, a BMW, and armored Jeep, paintings, sculptures, and two houses, all valued at around MX$21 million (about two million dollars at the time). Bayardo earned about US$2,600 per month at the PFP.

Even more alarming, in November the SIEDO detained the PFP’s former head of Regional Security, Javier Herrera Valles. Herrera, a 30-year PFP veteran, is accused of “receiving payments from groups linked to organized crime.” The government is keeping an uncharacteristic tight lid on information related to the case, and has not disclosed the quantity of money nor the criminal organization involved. In February, Herrera sent a letter to President Calderon that detailed problems within the SSP, amongst them bad management, poor planning of anti-organized crime operations, and a lack of intelligence gathering. As a result of his complaints, the government suspended his salary and later fired him.

SSP corruption isn’t limited to Garcia Luna and his close circle. On October 20, just one day after Garcia Luna’s alleged meeting with a cartel member, a shootout occurred in Mexico City’s Lindavista neighborhood, where the Zambada family had rented a house. When AFI and Mexico City police officers attempted to arrest suspects associated with the Sinaloa cartel—including “El Mayo” Zambada’s brother, Jesus “El Rey” Zambada—they came under fire from PFP, AFI, and state police officers who were attempting to protect the Zambada family. The four corrupt officers were apprehended. They were identified as: Marco Antonio Valadez Rico, a mid-level commanding PFP officer assigned to the Airports and Borders Division (“El Rey” is accused of controlling the Mexico City airport, which is notorious for the drugs and drug money that passes through there); Carlos Gerardo Castillo Ramirez, assigned to the AFI’s Regional Deployment department (he joined the AFI when Garcia Luna was in charge of that police force); Jose Guillermo Baez Figueroa, who worked in the PFP’s Regional Deployment Division and was also assigned to the Mexico City airport; and Francisco Alvaro Montaño Ochoa, ministerial agent from the state of Mexico.

Remarkably, the PFP’s involvement with the Zambada family doesn’t end there. According to Reforma, on October 22, two days after the shoot-out, about fifty PFP agents arrived at the Zambada’s Lindavista house, even though the investigation was not within their jurisdiction. SIEDO agents were already inside carrying out their investigation. Four of the PFP agents exited an unmarked car without license plates and attempted to forcibly enter the Zambada property. When SIEDO agents stopped them, the man in charge of the PFP agents, donning a bullet-proof vest, told the SIEDO, “I come under higher orders.” The SIEDO agents demanded the name of the person who sent them, but rather than answering the question, all fifty PFP agents left the scene. Garcia Luna never explained why his police officers attempted to enter the Zambada house after PFP agents had already been arrested for violently defending that property.

The alarming number of arrests from within the SSP and the PFP shouldn’t be surprising. Mexican Congress recently sent President Calderon a list of questions requesting information it felt was lacking in his State of the Union report. One of the questions regarded the trustworthiness of the nation’s police forces. Calderon responded that only 41.7% of the 56,065 federal, state, and municipal police recently evaluated were found to be “recommendable,” whereas 49.4% were found to be “not recommendable.” The PFP scored on par with the rest of the nation’s police: only 41.7% of PFP agents passed the examination, which included medical, psychometric, medical, and toxicological exams; a financial audit; and a polygraph test.

Reason #3: State and Municipal Police in Mexico

Plan Mexico provides an unspecified amount of funds for protective equipment (mentioned in previous drafts of the Plan as bullet-proof vests and riot gear) and training for Mexican police. Plan Mexico will also expand Mexico’s database of biometric data (such as DNA and fingerprints) so that state and municipal police will be able to access it. Plan Mexico also funds human rights training for local police. While Plan Mexico places heavy emphasis on the federal police and military, it is important to remember that local police have historically been on the frontlines of the war on drugs—and they’ve fought on both sides of the battle line that divides the cartels and those who oppose them.

The Plan Mexico-funded human rights training is likely to have little impact on police behavior as long as those same police continue to receive torture training from US police and private contractors. The Leon, Guanajuato, Special Tactics Group was recently discovered to have received training from the San Diego SWAT team, a Mexican company called Sniper, and a US/British company called Risks Incorporated. Leaked videos of a Spring 2008 training show the trainers demonstrating torture tactics on trainees. One of the Risks Incorporated employees, Jerry Arrechea, also has training programs for police and the military in the Mexico City metro area and Chiapas, so it is unlikely that the scope of police torture training is limited to just Leon. The Leon government said these “extreme trainings” were to prepare the police for the fight against organized crime—in other words, these are exactly the sort of trainings Plan Mexico would pay for.

It is universally agreed that local police forces, especially those in areas with particular importance to drug traffickers, have been corrupted to an alarming degree by the cartels. This was one of the justifications for the deployment of the military against drug trafficking. Indeed, once the military hit the streets, it began to take control of police stations throughout drug trafficking hotspots because the federal government suspected that these police stations were involved in drug trafficking. The military has taken control of police stations and arrested significant numbers of police in cities and municipalities in Tamaulipas, Tabasco (where they arrested the state police chief and a county police chief), Baja California, and Chihuahua. In Tijuana, soldiers recently fired 500 police officers, or over a quarter of the city’s police force.

Local police have been linked to some horrendous drug-related massacres. Federal police recently arrested Pedro Jaime Chávez Rosales, the police chief of Huixquilucan, Mexico State; and Antonio Careaga Ramírez, the ex-police chief of San Mateo Atenco, Mexico State, for their alleged involvement in the deaths of 25 people whose bodies were found dumped in La Marquesa National Park.

These are extreme incidents, but they aren’t isolated. In ongoing government evaluations of federal, state, and local police, a majority of the nation’s police failed to be deemed “recommendable.” Local police fared the worst: 61.6% of the 26,165 state and municipal police who were evaluated are “not recommendable” and 30.1% are “recommendable.” Calderon noted that in areas that suffer from higher levels of violence and insecurity due to drug trafficking, police were even more likely to fail. In Baja California, Sinaloa, Tamaulipas, and Nuevo Leon—all drug trafficking hotspots—between 60% and 88% of the police there are considered “not recommendable.”

Reason #4: Mexico’s National Defense Department (Sedena in its Spanish initials)

In 2008, Sedena will receive will receive almost all of the $116.5 million in military armament and related training under Plan Mexico. The US Defense Department’s Security Cooperation Agency says this money, which is categorized as Foreign Military Financing (FMF), is for “financing through grants or loans the acquisition of U.S. military articles, services, and training.” The Plan Mexico spending plan specifies that Sedena will receive up to two CASA 235 aircraft for maritime surveillance, up to five BH-412 EP (Bell Helicopter) medium-lift utility helicopters along with a logistics support package for two years for new aircraft and possibly four Mexico-owned helicopters already in service, and an undetermined number of ion scanners, which analyze molecules to quickly test for drugs. Ion scanners are highly unreliable and widely abused by prison officials in the US as a means of harassing prison visitors. All of the equipment will come with US training, although it is unclear if the US government or private contractors will provide the training.

Approximately $90 million in FMF funds (perhaps up to $99 million) have already been released. The remaining balance (15%) is on hold pending the US Secretary of State’s certification that Mexico has complied with certain human rights conditions laid out in Plan Mexico.

One of Calderon’s primary reasons for deploying the military to combat drug trafficking was because the cartels had corrupted or in other ways incapacitated the local police. In some cases, the army relieved entire police forces of their duties because all of the officers and their commanders were corrupt or had quit because they feared for their lives.

However, this confidence in the military may just be window dressing. Maureen Meyer from the Washington Officer on Latin America (WOLA) writes that military initiatives have succeed “in generating a temporary sense of improved citizen security,” but that “ultimately, these efforts have faltered in the face of basic laws of drug supply and demand.” These efforts have also failed to actually improve citizen security. Bill Conroy recently wrote, “Since Calderon sent the military into Juarez in late March 2008, the murder toll in the city has jumped dramatically. The data obtained by Narco News shows the death toll on a steady climb from 18 in January — and after a slight lull in April — to 119 in June. The murder figure for November, according to Mexican news reports, hit 192.”

Human rights have also fared poorly under Calderon’s policy of intense militarization: Mexico’s National Human Rights Commission (CNDH) received eight complaints of human rights abuses committed by members of the military in 2006. Calderon deployed the first troops in the war on organized crime in December 2006. In 2007, the number of complaints the CNDH received regarding human rights abuses by soldiers increased to 384. The CNDH reports that the military is on track to surpass this number in 2008: its mid-year report on human rights abuses committed by the military had counted 242 complains between January and July 2008.

Moreover, just like the other agencies responsible for combating drug trafficking, Sedena has been infiltrated by the cartels. Prior to Calderon’s declaration of war on organized crime, this corruption may have been limited due to Sedena’s limited role in combating drug trafficking. But the corruption has always been there, and some fear that now that the military is a lead player in the drug war, this corruption will only increase.

Military corruption may be the most dire in the war on drugs. In addition to the same sensitive confidential other Mexican agencies have regarding anti-drug operations, the military receives the most deadly and sophisticated weapons and training—a lot of it from the US. US training and weapons have been known to fall into the hands of the cartels, and Plan Mexico plans to increase the flow of information and weapons technology.

The most cited example of US training gone wrong in the war on drugs in Mexico is Los Zetas. Los Zetas came from a Mexican military Special Operations unit—the best of the best. The Mexican government has confirmed that they received their top-notch training in the US. Some accounts say it was in Fort Bragg, and others say it was in Fort Benning’s infamous School of the Americas. Shortly after receiving quality training at US taxpayers’ expense—training that most likely included torture, due to the contents of leaked military training manuals used at these bases—Los Zetas defected en masse to take higher-paying jobs working as a private military for drug cartels.

Narco News’ Conroy notes that it isn’t just US military training that’s benefiting the drug cartels—it’s also US military weapons. Former DEA agent Celerino “Cele” Castillo III analyzed photos from government press conferences that show off the weapons it has seized from cartels. Castillo tells Conroy that the 40mm rounds that appear in a recent press conference photo are US military issue. But how did those weapons wind up in the cartels’ hands?

Castillo elaborates in a recent Fort Worth Weekly article by Peter Gorman:
“The majority of the weapons being used by the cartels these days are U.S. military weapons and explosives,” he said. “They’ve got M-16s, hand grenades, grenade launchers. Even in Texas you can’t buy those. Those are U.S. military weapons. Last year an 18-wheeler full of M-16s was stopped headed to Matamoros, a border town controlled by the Gulf Cartel. Our U.S. military is either supplying the Mexican military with that weaponry, and corrupt elements in the Mexican military are selling it to the cartels, or someone in the U.S. military is supplying them. Either way, those are U.S. military guns being used in very violent cartel rivalries.”
In addition to weapons and training, information on planned military operations also flows to the drug cartels, both from other Mexican government agencies’ agents who are assigned to liason with the military, and from military officials themselves.

Fernando Rivera, for example, was the SIEDO agent recently arrested along with his boss, drug tsar Noé Ramírez Mandujano. El Correo de Guanajuato reports that Rivera was in charge of coordinating joint SIEDO-Sedena operations against criminal organizations. Rivera is now in custody, accused of participating in the same organized crime he was in charge of combating. He allegedly leaked information to the cartels.

A January raid on one of Alfredo "El Mochomo" Beltrán Leyva’s houses in Culiacán, Sinaloa, produced a detailed list of twenty former and current military officials who are on the Sinaloa cartel payroll. Mexico’s Reforma reported that a notebook recovered from the house recorded the informants’ names, ranks, and the amount of money each was paid. The military men were allegedly responsible for passing on information about SIEDO investigations and upcoming military raids. Some were also accused of protecting drug cultivation. As a result of the notebook’s meticulously detailed information, four of the five agents assigned to Culiacán’s Ninth Military Zone were detained. The notebook also recorded a payment of $150,000 to Major of Military Justice Francisco de Jesús Pérez Chávez. Prior to his arrest, Major Pérez worked as a district attorney in the office of the Attorney General for Military Justice (PGJM). Much to the chagrin of everyone who isn’t a soldier, Mexico has a special justice system responsible for investigating, prosecuting, and punishing soldiers and military officials. In addition to virtually guaranteeing impunity in human rights abuse cases, the PGJM is notorious for selectively prosecuting high-ranking military officials accused of working for cartels. Veteran drug reporter Ricardo Ravelo documents this trend in his book Los Capos: Las narco-rutas de Mexico.

But Sedena’s involvement with drug trafficking doesn’t end at simply supplying information to the cartels. Conroy’s extensive contacts within US law enforcement agencies anonymously tell him what they know about Sedena’s role in moving drugs:
“The Mexican military and government are corrupt,” one law enforcer says. “The Military escorts smugglers to the border. It’s a daily occurrence. The video cameras at the El Paso Intelligence Center have it all on video, filed away. If we report the suspicious activity to our superiors, nothing ever happens. It’s just covered up.

“The Mexican military cartel has taken over Juarez. Our government knows it; they’re not stupid, but they’ve made some backroom deal with the Mexican government.”
Conroy also quotes government informant Guillermo Ramirez Peyro, a former high-ranking member of the Juarez cartel, as he describes military and PGR involvement in drug trafficking:
“[W]hen I did go to Colombia to make arrangement with the Colombians, the plans was to come by sea, and the Mexico's navy, the ships, they're the ones that would get the drugs in the, in the sea—marina—ocean borders, you know, of the national territories. … and the PGR then would fly this drugs to the - to Juarez, the city of Juarez.
Amazingly, US Drug Enforcement Agency officials are aware of the extent of the corruption within the US military—yet the US government still wants to give Sedena armament and training through Plan Mexico.

A DEA PowerPoint presentation that was leaked to Narco News demonstrates the extent of the anti-drug agency’s knowledge of Sedena corruption. Conroy quotes the PowerPoint extensively:
Between Jan 2000-Dec 2006: More than 163,000 military members were criminally processed during former president Vicente Fox’s 6 years term of office. The majority of the crimes were: [the list includes abuse of power, homicide, embezzlement, kidnapping, bank robbery, illegal possession of firearms and health crimes—essentially organized crime].

Another slide in the PowerPoint provides this analysis:

• DTOs will further reach out to the Mexican military and foreign paramilitary and possible insurgent organizations in order to acquire much needed human and material support to fend off advances by competing Cartels.

• The result will be the emergence of a new type of drug trafficking organization in Mexico and the US precipitating a general militarization of the DTOs.
Reason #5: The United States Government

Plan Mexico focuses on Mexico—and to a lesser extent Central America and the Caribbean—as if drug trafficking were completely isolated from US policies and procedures. The idea that Mexico needs US armament, training, advice, direction, and judicial reform to solve its drug violence problem is patronizing and ignorant. US policy fuels the drug trade through the Central American corridor, and US corruption maintains the flow of drugs across its own border.

The US, Mexico, and Colombia’s preferred method of combating drug cartels—dismantling cartels by taking out their leaders—is a proven failure. Colombia’s Medellin and Cali cartels are long gone, but drug cultivation and production are both on the rise nonetheless, and the decades-long civil war fueled by drug money still rages.

Likewise, for years the US and Mexico have collaborated in their efforts to take out the Tijuana cartel, which was controlled by the Arellano Felix family. They’ve focused most of their efforts on this single target in Mexico. The results? The Tijuana cartel may well be in its death throws—the government has arrested or killed just about all of the brothers who ran it, leaving the cartel in the hands of their sister, Enedina Arellano Felix. In the process of wearing down the Tijuana cartel, the governments have provided a competitive advantage to neighboring cartels who have their eyes on Tijuana. The Tijuana cartel’s weakness has sparked a turf war that in recent months has led to more battle-related deaths in Tijuana than in Baghdad. And the drugs continue to flow unabated across the border.

The United States’ refusal to recognize its significant contribution to both the drug trade and drug-related violence will only add to the body count. Plan Mexico’s lopsided approached to combating drug trafficking focuses on fueling the war in Mexico rather than reducing drug demand in the United States, the world’s largest drug market. In addition to being short-sighted, the strategy is also a waste of money: even though studies have found that drug treatment is much more cost-effective than enforcement, Plan Mexico includes a nominal amount of money for drug treatment in Mexico (which is not a significant drug market), and Bush’s 2009 budget proposal cuts funding for drug treatment in the US.

But drug money isn’t the US’ only contribution to the violent drug war in Mexico: the US is also the source of approximately 90% of drug cartels’ guns (Mexico doesn’t manufacture guns). In addition to US military-issue weapons, which are supplied to the cartels by corrupt elements in either the US or Mexican military, cartels also arm themselves with weapons that were legally purchased in the United States before being illegally turned over to the cartels. The Brookings Institution estimates that about 2,000 guns travel south across the US-Mexico border every day.

According to Peter Gorman, “The worst-offending states are Texas, Arizona, and New Mexico, all of which permit almost anyone to purchase and own as many pistols, machine pistols, rifles, and assault rifles as they want, with no waiting time and no record of the sale going beyond the gun dealers’ files.” Gun buyers in those states are required to fill out a form before purchasing a firearm, but “[FBI spokesman Stephen] Fischer noted that the form does not include the number of weapons being purchased, ‘So in theory a person could buy 100 or more at a time if they want.’” Gorman also quotes an unidentified Texas gun owner who tells him, “You go to any gun show, and it doesn’t take long to find someone who’ll offer to take your semi-automatic and turn it into a fully automatic weapon.”

The US government doesn’t escape the drug cartel infiltration that plagues the Mexico. The US Department of Justice (DoJ) meticulously documents the ties that almost all major prison gangs (who also have presence outside prisons as street gangs) have to Mexican drug trafficking organizations. Bill Conroy summarizes the DoJ’s recent National Gang Intelligence Center (NGIC) report, which documents gang infiltration in the US military:
  • Members of nearly every major street gang, including the Bloods, Crips, Black Disciples, Gangster Disciples, Hells Angels, Latin Kings, The 18th Street Gang, Mara Salvatrucha (MS-13), Mexican Mafia, Nortenos, Surenos, Vice Lords, and various white supremacist groups, have been documented on military installations both domestically and internationally.
  • Gang members may enlist in the military to escape their current environment or gang lifestyle. Some gang members may also enlist to receive weapons, combat, and convoy support training; to obtain access to weapons and explosives; or as an alternative to incarceration. Upon discharge, they may employ their military training against law enforcement officials and rival gang members. Such military training could ultimately result in more organized, sophisticated, and deadly gangs, as well as an increase in deadly assaults on law enforcement officers.
  • Gang members in the military are commonly assigned to military support units where they have access to weapons and explosives. Military personnel may steal items by improperly documenting supply orders or by falsifying paperwork. Law enforcement officials throughout the United States have recovered military-issued weapons and explosives—such as machine guns and grenades—from criminals and gang members while conducting search warrants and routine traffic stops
  • According to open source reporting and multiple law enforcement reporting, soldiers—including gang members—are currently being taught urban warfare for combat in Iraq, including how to encounter hostile gunfire.
Conroy also provides some case examples from the NGIC report:
  • In June 2006 an incarcerated US Army soldier and active gang member identified 60 to 70 gang-affiliated military personnel in his unit allegedly involved in the theft and sale of military equipment and weapons. The solider reported that many of the military personnel in charge of ammunition and grenade distribution are sergeants who are active gang members. The soldier also reported that military commanders were aware of the actions of these gang-affiliated personnel
  • In August 2005 a US soldier in San Antonio was suspected of supplying arms—including hand grenades and bullet-proof vests—to the Texas Mexican Mafia (Mexikanemi), according to uncorroborated but reliable FBI source information
  • Since 2004, the FBI and El Paso Police Department have identified over 40 military-affiliated Folk Nation gang members stationed at the Fort Bliss Army Installation in Texas who have been involved in drug distribution, robberies, assaults, weapons offenses, and a homicide, both on and off the installation.
Even the US Embassy and the US Drug Enforcement Agency (DEA) have been infiltrated. Alberto Perez Guerrero, an Interpol employee who was found to be on the Sinaloa cartel payroll, has admitted that he used his position within the Mexico City US Embassy to leak DEA information to the Beltran Leyva brothers, who operate a Sinaloa cartel cell. Even more alarmingly, Perez Guerrero implicated his boss, Interpol Mexico chief Rodolfo de la Guardia, and de la Guardia’s predecessor, Ricardo Gutierrez. De la Guardia and Gutierrez are both in jail; Perez Guerrero is now a protected witness.

Drug cartels are also purchasing US police. Starr County, Texas, for example, can’t seem to find a clean sheriff. Gorman reports in the Fort Worth Weekly that this past October, FBI agents arrested Starr County Sheriff Reymundo Guerra for “conspiracy to possess with intent to distribute cocaine and marijuana” among several other offenses. Gorman writes that “Guerra, who faces life imprisonment, follows in the footsteps of his predecessor, Sheriff Eugenio Falcon, who pleaded guilty to non-drug-related conspiracy charges in 1998. Among many other law enforcement officers caught dealing with the cartels, in 2005 former Cameron County Sheriff Conrado Cantu was sentenced to 24 years in prison for running a criminal enterprise out of his office.”

No End in Sight

History has demonstrated that Operation Clean-up is neither the first nor the last time the Mexican government will find cartel employees amongst its ranks. A similarly significant multi-agency purge occurred in 2001, when the government arrested ten agents from SEDENA, the SSP, the PGR, and state police forces for reviewing, collecting, organizing, and passing information from the three agencies to both the Sinaloa and Juarez cartels.

Every time the government has found networks of informants in its agencies and has subsequently purged the corrupt agents, more step up to take their place. While ten government agents on the cartel payrolls were caught in 2001, Operation Clean-up has swept up at least thirty-five so far…and the arrests are still coming. These networks of corruption stretch across government agencies and seem to have better inter-agency coordination and communication than the agencies themselves. They are sophisticated, well-organized, involve some of the highest-ranking government officials, and—most importantly—are easily replaceable.

In some cases, such as the 2000 scandal involving the sale of PGR positions (in which current and prospective PGR officials were charged significant sums—in one case a million dollars—to keep their jobs or advance to better ones), the cartels themselves arrange for the misdeeds of one or several corrupt officials to be exposed so that the official who exposes them (who is on the cartel payroll) will be promoted to a position where the cartel needs him or her. This complicated strategy is analogous to a carnival game in which the player, after winning several smaller stuffed animals, trades them in for one larger stuffed animal.

The problem with Operation Clean-up and its predecessors is that it has the same failings as the drug war itself: it fails to acknowledge the laws of supply and demand. Like drug trafficking, as long as there is a buyer (in this case, the cartels, who paid USD$150,000-$450,000 monthly to each of the informants caught during Operation Clean-up) there will be a seller (government agents) with a product (confidential information and protection).

If re-printing this article, it must be re-printed in full.