Terrorism, Counter-Terrorism and Human Rights in Mexico

Evelyn Aguado, Department of Peacekeeping Operation, UNHQ, New York

On September 15th, 2008 at 11:05 pm, during the Independence Anniversary festivities, two grenades exploded in Morelia, Mexico. The first bomb exploded in the middle of the main square and the second blew up two blocks away. The explosion killed eight people and injured 106. This event was set up by a drug-trafficking group called Los Zetas, a group known by the U.S. government as "the most technologically advanced, sophisticated and dangerous cartel operating in Mexico" (Ware, 2009). They contract themselves to several drug trafficking organizations in Mexico. For the first time in the country, people participating in what was considered an act of terrorism were convicted under the Federal Law against Organized Delinquency (FLAD). This law governs the investigations and prosecutions of crimes involving three or more perpetrators. The tragic events that occurred on this day served as an opportunity for the Mexican government to begin to assess their ability to combat terrorism and to analyze the degree to which their counterterrorism activities enhance the process of peace-building in Mexico.

While Mexico has had its fair share of violence, it has not been a major target of terrorist attacks. The most destructive bombings in Mexico, including the uprising of the Zapatista National Liberation Army (EZLN) and the Popular Revolutionary Amy (EPR), took place in urban centres during the 1990’s. The events on September 15th differ from the attacks perpetrated by the EZLN and the EPR in that in the more recent bombings, by Los Zetas, terrorized ordinary citizens in order to get their message across, whereas neither EZLN nor EPR used the terrorization of innocent people as a tactic.

On November 7th 2008, the FLAD was enforced for the first time for terrorism reasons in response to the tragic events of September 15th; the perpetrators of the bombings were convicted on charges of organized delinquency, homicide, possession of exclusive military weapons, qualified injuries, intent of homicide and terrorism. However, the National Centre for Human Rights began an investigation shortly after the terrorists were apprehended, which exposed violations of human rights with regards to unlawful confinement and torture in and effort to force them to assume responsibility for all the charges lobbied against them.

Mexico has occupied a leading position in the promotion of human rights with regards to counter-terrorism activities. In 2002, Mexico promoted a resolution at the U.N. Commission on Human Rights which included the need to counter terrorism within a human rights framework, and also opened up its practices to international scrutiny. This resolution was a fundamental part of the Resolution 1456 of January 2003, which declares that "States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular, international human rights, refugee, and humanitarian law.”

The protection of human rights is an essential part of governmental structures supporting sustainable peace in states constantly threatened by drug related violence, such as is the case in Mexico. The Mexican criminal justice system still needs to provide justice to victims of torture in investigation processes. For example, according to Human Rights Watch, some judges still accept evidence obtained through torture and other mistreatments. In fact, the events of September 15th gave the citizens of Mexico the opportunity to analyze how the Mexican government reacted to counter terrorism with regards to human rights. Just like some high-level government officials have been praised for their diplomatic efforts to include a human rights framework in international counter-terrorism laws, this case is an example of how the institutional framework must reflect coherence between a country’s leadership and the laws it stands for, in order to build a common path towards sustainable peace.





Picture © UN Photo/Marco Dormino