Reigning in Mexico's Military

In a country where the military is still disappearing its citizens amidst the fog of the war on drugs, the Mexican Supreme Court's unanimous decision last week ordering military personnel to be tried in civilian courts, not secretive military tribunals, for human rights violations is a step in the right direction. The tribunals proceedings are hardly transparent and result in very few convictions. Allegations of serious abuses are also on the rise. Since the beginning of President Calderon's term, the National Human Rights Commission, CNDH, has received 4,772 reports of kidnapping, torture, and murder.

However, Mexico's civilian courts are rife with massive problems of their own. Endless detentions, due process, and witness intimidation are institutionalized. The documentary film, Presunto Culpable, demonstrates the depth of the challenges facing judicial reformers and the impunity that bad actors within the security forces enjoy. What's more, top military brass are grumbling in public about the Court's decision, pinning allegations of murder and kidnapping on drug gangs seeking to, in the words of Secretary of the Navy Admiral Mariano Francisco Saynez, "damage the image of our institutions."

The case of Rene Jasso Maldonado belies the Navy Secretary's assertion. Jasso's home in Monterrey was raided in June and he was taken from his family. He has not been seen since. The New York Times clearly states that it was the military who conducted the raid yet they, and the state police, claim they were not in the area and don't have their son. The family flatly denies that the raid and kidnapping could have been the work of a drug gang posing as the military. His brother claims that, "they would have wiped out the witnesses."

The Court's ruling is a first step. Beyond the massive reforms needed within civilian courts is a plan to quickly move existing cases out of the military tribunals and free up courts to open new cases. Apparently, a process has not yet been unveiled and the military's full cooperation is doubtful. President Calderon and Congress should move to create a special civilian court to hear cases of alleged violations committed against Mexican citizens by members of the military sworn to protect them. This though would be further than Calderon has been willing to move thus far. His military campaign has been mostly popular with Mexicans and his full recognition of the military abuses would cut against his strategy and public statements.