MEXICO'S army has been thrust into a leading role in the country's ongoing fight against organised crime. The police are poorly organised and, in some states, rotten with corruption, whereas the criminal gangs are continually replenishing their firepower using cash from the lucrative drug trade. As a result, the president, Felipe Calderón, has drafted in the army, which is better-equipped than the police and widely believed to be less corrupt, to confront the gangsters.
The soldiers are heroes to many Mexicans. But the deployment of 50,000 troops into the cities and countryside has brought problems too. A fighting force trained to protect the realm has found itself carrying out policing operations. Shootouts are taking place in residential streets rather than on battlefields. Since Mr Calderón ratcheted up his fight against the mafias in 2006, Mexico's national human rights commission has received more than 4,000 complaints against the military.
These concerns have not gone unnoticed outside Mexico. Anti-drug aid from the United States, which arrives under a programme called the Mérida Initiative, is partly contingent on Mexico's fulfilment of four human-rights requirements. One of them holds that Mexico must try soldiers accused of serious crimes against civilians in civilian courts. In September the United States held back some of the Mérida money for the first time, arguing that Mexico had not done enough to meet this condition. Last year a ruling by the Inter-American Court on Human Rights also made clear that Mexico was obliged to grant civilian courts jurisdiction over its soldiers.
On October 18th, Mr Calderón moved to address these concerns. He sent a proposal to Congress to allow civilian courts to try soldiers charged with rape, torture and organising “disappearances” against civilians. The list's brevity led to widespread accusations of tokenism. “This is a cosmetic gesture meant to give the appearance of reforming what, in practice, will continue to remain the same,” said a joint letter by 13 Mexican human-rights organisations. They argued that the only way to stop abuses would be to remove military jurisdiction from all alleged crimes against civilians. These criticisms were echoed by the Mexico office of the UN's High Commissioner for Human Rights.
As long as complaints against the army continue to pile up, Mr Calderón will remain under pressure to go further than this limited reform. Yet preserving the support of the generals is crucial if his war against the bandits is to continue. Mexico's army is loyal. But there is said to be growing frustration in the high command with the bloody mire in which the troops have become bogged down. Alhough soldiers are seen as saviours by many—the military helpline rings more often than the police emergency number in the state of Nuevo León, according to one security expert in Monterrey, its capital—their involvement in the messy conflict, and the lengthening charge-sheet against them, is hurting their image too.
But reforms of this sort are not something for the military to fear. Abuses committed by a minority of corrupt soldiers stain the reputations of the many good ones, and it is unsurprising that the army wants to deal with such crimes in private. But nothing looks more damning than impunity. By making prosecutions of soldiers fair and open, Mexico can better protect its citizens and preserve the reputation of its armed forces at the same time. The president and his colleagues in uniform must make sure that the recent proposals are the beginning, not the end, of reform to the military justice system.



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I have to express profound agreement with Nirvana-Bound. All of you are so busy declaiming Mexico, but it's all just a bunch of crocodile tears on the way to your nearest pusher because drug demand in the US is incredibly high.
It's a little like a person who goes to prostitutes all the time, then complains of the ill effects and aspect thereof.
Lets get to the root of the issue here. It is moral corruption that takes place in Mexico, among it's military, police, and citizens. Now, of course this a general statement, and I am not referring to all people involved here, but the rule of law, the governing body of Mexico is broken. If they try to stop one leak, another springs up. I feel bad for good citizens who live in Mexico. Who can they trust? Very tough time over there right now. The root of crime, specifically the drug trade, and the dictatorship by the drug cartels, is boiled down to a hunger for money and power. But what really is that. When someone focuses there life around obtaining money, what they really want are the things money can buy, and the control it can provide. I am sure that a majority of these drug cartel leaders, would be amazing entrepneuers and businessman if they were using their talents for the enhancement of society. What to do?
Holy Carrumbah! Leave it to the Mexican authorities to deal with their internal problems, as they deem fit, for crying out loud!
All Yee meddeling & judgemental busy-bodies, take a look in your own 'national' mirrors before you start bad-mouthing other nations.
What's that old proverb about the "moat in one's eye & the speck in the other's eye"?? Such hypocricy...
One way or the other, there are going to be human rights abuses where a large, militarized force is sent in to protect the people. The problem of the cartels has necessitated a massive, armed response, and an effective response is probably going to take the same shape regardless of its being by the military, or a reformed police force.
No matter the differences between civilian and military court, the main issue is that any force working on a local level but only accountable on a national level will commit human rights abuses against the citizens it has been issued to protect.
The nationwide police reforms Calderon is implementing are making the police force more like a military, anyway. Once the police force is regionally organized, officers are going to be just as cavalier as the military: detachment is effective at preventing corruption, but it also has a dark side. This really is a rough spot for Mexico to be in, but it's a choice between human rights abuses and no organized, effective opposition to the cartels.
Guess what!
If dem brain-fried Gringos were not such junkies, Mexico would have been practicaly crime-free. All dem drug lords/pushers would have been out lookin' for half-decent jobs, not peddeling drugs to the 'Drug-Paradise' of our world: the USofA.
Get a life, Gringos!
From Expat 44
A difficult case.
First if soldiers are acting in direct support of the civilian power then they should be liable to civil penalties.
However courts martial are bench/judge courts, not jury courts. Juries can be nobbled and corrupted - military courts very rarely are.
Last, all courts martial are open to public scrutiny and the media in developed nations.
If Mexico is really tottering on the brink of being a failed state then the military is the final solution.
Mexico is a failed State. All levels of Gov't are corrupt. Mexico's Military has long been known as vigilantes. The U.S. should build the fence (one not built to fail), close the border down. Mexico needs to deal with its own problems. Perhaps one solution is to arm and train the civilians to rise up against the Mexican Gov't and its police and military.
What *exactly* is the problem here? That is, why are the human rights people concerned that military tribunals try military personnel? Assuming that both the military and the civilian courts have an equal drive to uncover the truth, I can see only four possible differences.
The first is that military tribunals may have more stringent demands on evidence. The second is that military tribunals are, by definition, trial by judge rather than trial by jury. The third is that military tribunals restrict defense council to military personnel. And the fourth is that military tribunals are not open to public scrutiny.
More stringent demands on evidence implies that the accused is less likely to be convicted, while trial by judge should imply that they are *more* likely to be convicted, as judges are less swayed by lawyer theatrics and obfuscations. Not being able to select a civilian lawyer should not be an issue because those on trial have waived that right when they signed up. That just leaves the lack of public scrutiny.
Yet if lack of public scrutiny is the issue, why don't they just open up these tribunals to the press? Then the problem is resolved.
That a major debate rages implies that the problem goes beyond my analysis. So what are these human rights activists concerned about?
Like the Middle East, the greatest problem with Mexico is its culture of ignorance, poverty,and corruption.
A general malaise overhangs the nation, along with a sense of hopelessness.
Until someone figures out a way to change an entire culture, nothing is likely to change.
Yes, US soldiers are indeed tried in civilian courts if they are accused of commiting a crime off base or outside of their military duties. Happens more often than you think.
Are US Soldiers performing domestic policing operations? Its abit of a false argument, you could argue that the military shouldnt be fighting the drug war but that's a different point.
Are US soldiers tried in civilian courts? I don't think so. I don't think it is appropriate either there or in Mexico.