海角大神

海角大神 / Text

As Mexico battles drug war, soldiers may face civilian trials for abuse

Mexico's lower house unanimously voted to change a military code that gave the military courts jurisdiction over any crimes committed by on-duty soldiers.

By Whitney Eulich, Staff writer

A Mexican congressional decision this week that allows members of its armed forces to be tried in civilian courts for crimes against civilians is a long-awaited win for Mexico鈥檚 human rights, advocates say.

Mexico's lower house unanimously voted 428-0 on Wednesday to change provisions in the military code, including a clause that had given the military courts jurisdiction over any crimes committed by on-duty soldiers. The senate passed the changes last week and the bill is now expected to be signed into law by President Enrique Pe帽a Nieto.聽

The reform is an important step, because a civilian court, 鈥渇or all its flaws, is not rigged against"聽civilians as military courts are, Human Rights Watch senior Americas researcher, Nik Steinberg, told The Associated Press in an email. Mexico's civilian system is far from perfect: More than 96 percent of crimes聽are never solved or punished. But the military system is considered opaque, with no public access to trial or prosecution information, and is full of incentives for judges to rule in favor of the military, according to a Human Rights Watch report, "Uniform Impunity.鈥

鈥淗olding soldiers accountable for abuses is one of the most effective ways to help reduce widespread human rights violations by the military,鈥 Mr. Steinberg said. 鈥淚t will now be up to civilian prosecutors to see to it that the huge backlog of military abuses is vigorously and effectively prosecuted.鈥

Former President Felipe Calder贸n put Mexico's military on the front lines of his battle against organized crime and skyrocketing violence, a tactic many human rights defenders argue led to cases of civilian abuse and torture. An estimated 60,000 people died due to drug-related homicides during Mr. Calderon鈥檚 six-year term that ended in 2012.

While Mr. Pe帽a Nieto has聽paid lip service to a more comprehensive approach to fighting crime, including strengthening communities hit hardest by violence, he hasn鈥檛 sent soldiers back to the barracks, and charges of abuse at the hand of military personnel continue. More than 20,000 people have gone missing since 2006, 鈥渟ome of whom were last seen in custody of the military,鈥 reports The Los Angeles Times.

"[Soldiers] are trained for confrontation, to defeat an enemy with force,"Alejandro Hope, a top Mexican security analyst, told 海角大神 earlier this year. Police, on the other hand, are trained to use force as a last resort. The prevalence of soldiers on the streets of Mexico 鈥 and across Latin America 鈥 can lead to more abuse. Mexico's National Commission of Human Rights registered upwards of 7,350 complaints of military abuses between 2007 and 2012.

But it鈥檚 not just Mexico. Numerous nations across the Americas are moving toward militarized and hybrid police models, according to a recent Monitor magazine story:

The changes to Mexico鈥檚 military code of justice this week follow five rulings by the Inter-American Court of Human Rights on cases related to Mexicans suffering abuse by soldiers. The international court ruled the cases should be heard in civilian courts, and in a November 2009 judgment ordered Mexico to modify its military code to bring it in line with international standards.

Though the move is historic, critics say it may not go far enough. They also want Mexico to allow soldiers whose human rights are violated to bring cases to civilian courts.聽