All Posts – Page 74 – UAB Institute for Human Rights Blog

Barbwire fence. Source: Edmund Garman, Creative Commons

Cruel and unusual punishment is a human rights issue we don’t hear enough about. It is illegal according to our US Constitution and the Eighth Amendment and a grave human rights violation according to international treaties and documents. For example, Article 5 of the Universal Declaration of Human Rights reads “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The Convention on the Protection of against Torture and Other Cruel, Inhuman Treatment or Punishment describes what actions constitute to be labeled as torture, the government and law enforcement’s responsibility to prohibit the use of torture or inhuman treatment through training and a concern for law and order, and the rights a person has if they were to be tortured by the state.

Imagine that you are being detained and questioned because it is believed that you may be involved in illegal drug activity. Your questioning consists of electro-shock, beatings, rape, and other forms of sexual assault. Would you consider that cruel and unusual punishment? Most would think so. Sadly, it is not unusual in many countries around the world. Mexico is only one case study.

Amnesty International reports that the government of Mexico is currently committing torturous acts on women who have been accused of participating in illegal drug activity or organized crime. There are at least one hundred women who have come forward and spoken about their experienced abuse by law enforcement at every level: local, state, and federal- including the Army and Navy. Each of these women have reported experiencing some kind of torture whether that be psychological abuse, sexual abuse, or both (usually both). It was reported that seventy-two women were “sexually abused during or hours after their arrest.” Thirty-three of those women stated that they were raped.

Mexican woman selling crafts. Source: Frank_am_Main, Creative Commons

In 2013, Mónica was 26 when she was “gang raped by six municipal police officers, received electro-shock to her genitals, was suffocated with a plastic bag, was dragged across the floor by her hair, and had her head plunged into a bucket of water in the city of Torreón, where she also witnessed the torturous death of her husband.” She watched as her husband was being tortured by “beatings with metal studded whips and the skin on his legs being peeled off with a knife…” When the couple and Mónica’s brother were being transported to the Attorney General’s office, she watched her husband take his last breath of life. She was later flown to Mexico City and taken to the Deputy Attorney General on Organized Crime. Mónica told Amnesty International that she was forced to “sign a confession stating that she was a part of a drug cartel,” notwithstanding the fact that it is a non-admissible confession in court if torture was involved according to Mexican law.

Torture and harsh interrogation tactics are common practice in Mexico’s investigations of drug-related organized crime.

Why did she receive such despicable treatment? I think the police of Mexico are trying to send the message that they are actively pursuing the drug trafficking problem the country faces. They are using women like Mónica who are of lower socioeconomic status because they are perceived as the “weakest link in the trafficking chain and are seen as ‘easy targets’ to arrest.” These women also are more susceptible to not being able to pay for even a halfway decent defense attorney. This means that not only are they vulnerable to arrest, but also vulnerable to police brutality. This isn’t the first time Mexico has been “caught in the act” of committing illegal arrests and mistreating those who are arrested. In fact, Amnesty International reported that since 1991 there have been thousands of complaints associated with the ill-treatment and torture of those who have been arrested, yet only fifteen of these cases resulted in federal criminal convictions, including the case of General Manuel de Jesus Moreno Aviña.

Back in 2008, the Mexican Army took on an immense responsibility to put a stop to organized crime and drug cartel activity. General Aviña was accused of torturing and murdering José Heriberto Rojas Lemus. Lemus “was tortured within the Ojinaga military garrison where he was strapped to a post and soaked with water before he was given electric shocks for hours.” The court sentence read that it’s possible Lemus died from multiple cardiac arrests due to the shocks, yet the military doctor was ordered to write on the death certificate that Lemus overdosed. Another case involves a video that has surfaced of a woman being tortured by a female federal officer and two army soldiers through suffocation. The Department of Defense has stated that “these events occurred on February 4, 2015 in Ajuchitan, a small mountain town in southern Guerrero state.” The Mexican army has announced that the two soldiers involved are currently in a military prison awaiting trial, but there has been no word on whether the federal officer will face charges or not. What is different about these cases is that since they involved military personnel, the military justice system took control. As Raul Benitez, a security specialist and political science professor, explains it, “the military justice system tends to be very strict in such cases, because (the soldiers in the video) are casting the institution in a bad light.” Civilian prosecutors aren’t so swift in taking these cases on.

Source: Zachary Perlinski, Creative Commons

So, if cases of torture like these were investigated, why are a significant majority of them not? The torture case that occurred in Ajuchitan in 2015 is considered “special” because it was easy to investigate due to the fact that all the evidence needed is in a video rather than just simply accusations of torture coming from prisoners. Torture and harsh interrogations are prevalent in Mexico’s investigations. Mexico has signed and ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the International Covenant on Civil and Political Rights and supported other human rights documents dealing with torture and arbitrary arrest and is thus in violation of these international human rights treaties. The reports are out from Amnesty International, as well as other human rights organizations, but reports are the only way thus far that Mexico can be held accountable globally. So my question is: what do we do now?

Mexico is breaking its obligations under international law by illegally detaining and torturing people.

Mexico wants to give the appearance that they are in compliance with international law as they pursue and prosecute organized crime/ drug cartel activity that has plagued the country for years. However, when reports and videos surface that show exactly who they are harassing, arresting, detaining, and torturing Mexico was hard pressed to justify its actions. In my opinion, they don’t want to go after the real gangs and drug lords because money talks. Corruption is widespread – in fact, drug cartels paid around $100 million A MONTH to police officers nationwide to turn their heads they other way. Part of the problem is the very low pay of police officers (j ust over 20 percent earns less than 1,000 pesos ($79) a month, while 60.9 percent earns no more than 4,000 pesos ($317) monthly. To fulfill its obligations towards the U.S. and expectations by the international community, Mexican authorities often target women and men of lower economic status who don’t have the funds to pay bribes to law enforcement officials or the network to be kept out of jail. This begins the cycle of violence described above, which will be very hard to break as long as corruption within Mexico’s federal, state, and local governments continues. Fundamental reform of Mexico’s militarized police force, law enforcement, and the judicial system as well changes on socio-economic policy are needed to end unrest and diminish the power of organized crime and drug cartels.

Source: Daniel Zanini H., Creative Commons

A few weeks ago, I had the opportunity to meet Dalia Mogahed, Research Director at the Institute for Social Policy and Understanding (ISPU). She delivered a powerful speech at UAB’s Hill University Center about an issue that has plagued American society for many years, Islamophobia.

Islamophobia, as Dalia Mogahed defines it, is “anti-Muslim bigotry and discrimination based on an irrational hatred and fear of Islam”. According to a new report generated by the Council on American-Islamic Relations (CAIR) and the University of California, Berkeley, over $200 million dollars is spent annually to perpetuate this fear, which is evidenced by the tone and volume of reporting about Muslims. Nearly 80% of the media coverage about Islam is negative portraying Muslims as more dangerous than countries armed with nuclear weapons, drug addiction, or diseases such as cancer. As Americans, it is important that we seek out facts and form our own opinions rather than bending to the bias of others. Prejudice of any kind is a problem that affects all Americans by threatening our safety and way of life.

Islamophobia lecture. Photo credit: Charles Coleman.

According to an ISPU report, Islamophobia is a gateway to other types of discrimination such as anti-Semitism, human rights violations, and anti-rights legislation. For example, Mogahed mentions the recently released Community Brief “Manufacturing Bigotry”. In that study, researchers find that legislators who promote Islamophobic agendas are 80% more likely to support anti-foreign legislation, voter identification mandates, and limitations on immigration and oppose women’s rights, access to abortion, and same-sex marriage – all laws empowering groups marginalized in the political process. She points out that

“fear erodes freedom, which is the foundation of our democracy”

and makes us more accepting of authoritarianism, conformity, and prejudices.

Each of these limiting ideas makes all Americans less safe. In fact, according to a recent report generated by Freedom house, the perpetuation of Islamaphobia aids the rise of terrorist rhetoric and opens the door for extremist ideology. One example Mogahed provided is a recruitment tape released by Al-Shabaab, a Somali terrorist group. In this clip, terrorists use an audio excerpt from one of presidential nominee Donald Trumps rants to push their Islamist views and label American society as racist.

What can we as Americans do about this and how can we protect our freedom and ideals? Mogahed states that we need to educate ourselves and replace our fears with facts. According to Martin Scott, author of the journal “Catholics and the Ku Klux Klan”, nearly a century ago this same scenario presented itself, but it was Catholicism that was the recipient of discrimination and prejudice perpetuated by groups like the True Americans and Ku Klux Klan.

Today, we need to understand who American Muslims are and how they help shape the diversity of our nation. American Muslims are not only Arab. In fact most are African American, Caucasian, Asian, and Hispanic. According to Mogahed, Muslims are the most likely group to reject military attacks on civilians, and contrary to popular belief those that attend the masjid or “mosque” are the most likely to be engaged in community and civic activities, not radical Islam.

American Muslims, on the whole, retain strong simultaneous American and Muslim identities and want to work to protect the American way of life.

Therefore, it is our duty to help Muslims protect their identity by not associating every Muslim with ISIS or other radical Islamist factions. If we learn about Islam and get to know the Muslims in our community we will see that they are normal people who are more disgusted with radical Islamic ideology than anyone else because they are the group that is most affected by the actions of radical Islamist groups. I have traveled across the globe and met many Muslims along the journey. They would all agree that there is nothing worse than the killing of innocent people and any individual who condones these acts of violence does not represent normative Islam and its values. To protect our American way of life we have to move past the unfair framing of all Muslims as terrorists. Mogahed advises that we need to create strong diverse coalitions that protect human rights, and religious freedoms to build a stronger more pluralistic America. We have to challenge bigotry by calling out prejudices when we see them. At the same time, we need to not be afraid to call out anti-Muslim bias in media coverage, not shy away from having difficult conversations challenging prejudice, preach outside the choir and vote for government representatives who will uphold American values as opposed to letting fear dictate policy.

Mexico’s Interrogation Secrets Revealed

Islamophobia: A Threat to All