Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Federal law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, as well as the admission of confessions obtained through illicit means as evidence in court. Despite these prohibitions, there were reports of security forces torturing suspects.
In November 2019 the NGO Mexican Commission for the Defense and Promotion of Human Rights released a 12-year study on torture, which registered 27,342 investigations from 2006 to 2018. There were 10,787 federal investigations and 16,555 state-level investigations, of which 50 resulted in sentences, 15 of which were later exonerated.
Between January and August 20, the CNDH registered 25 complaints of torture and 132 for arbitrary detention. The majority of these complaints were against authorities in the Prosecutor General’s Office, Federal Police, Interior Ministry, and the navy. As of April, 20 of 32 states had specialized prosecutor’s offices for torture as called for by law.
On July 27, Adolfo Gomez was found dead in his jail cell in Chiapas. Authorities declared Gomez hanged himself, but his family said his body showed signs of torture. Gomez was arrested with his wife Josefa in an operation that authorities stated uncovered a trafficking ring of 23 children, but later evidence showed the children were all members of the same extended family and were with their relatives. In August the Chiapas State Prosecutor General’s Office confirmed Gomez committed suicide and announced the arrest of the director and two penitentiary center employees accused of flagrant omission in their duty of care. The accused were released shortly after.
Impunity for torture was prevalent among the security forces. NGOs stated authorities failed to investigate torture allegations adequately. As of January 2019 the Prosecutor General’s Office was investigating 4,296 torture-related inquiries under the previous inquisitorial legal system (initiated prior to the 2016 transition to an accusatorial system) and 645 investigations under the accusatorial system. A 2019 report by the Prosecutor General’s Office stated it brought charges in one torture case during that year. The Office of the UN High Commissioner for Human Rights (OHCHR) signed an agreement with the government in April 2019 to provide human rights training to the National Guard, but as of October the OHCHR reported no training had been carried out.
e. Denial of Fair Public Trial
Although the constitution and law provide for an independent judiciary, court decisions were susceptible to improper influence by both private and public entities, particularly at the state and local level, as well as by transnational criminal organizations. Authorities sometimes failed to respect court orders, and arrest warrants were sometimes ignored. Across the criminal justice system, many actors lacked the necessary training and resources to carry out their duties fairly and consistently in line with the principle of equal justice.
In 2016 all civilian and military courts officially transitioned from an inquisitorial legal system based primarily upon judicial review of written documents to an accusatorial trial system reliant upon oral testimony presented in open court. In most states alternative justice centers employed mechanisms such as mediation, negotiation, and restorative justice to resolve minor offenses outside the court system.
Under the accusatorial system, judges conduct all hearings and trials and follow the principles of public access and cross-examination. Defendants have the right to a presumption of innocence and to a fair and public trial without undue delay. Defendants have the right to attend the hearings and to challenge the evidence or testimony presented. Defendants may not be compelled to testify or confess guilt. The law also provides for the rights of appeal and of bail in most categories of crimes. Defendants have the right to an attorney of their choice at all stages of criminal proceedings. By law attorneys are required to meet professional qualifications to represent a defendant. Not all public defenders were qualified, however, and often the state public defender system was understaffed. The administration of public defender services was the responsibility of either the judicial or the executive branch, depending on the jurisdiction. According to the Center for Economic Research and Teaching, most criminal suspects did not receive representation until after their first custody hearing, thus making individuals vulnerable to coercion to sign false statements prior to appearing before a judge.
Defendants have the right to free assistance of an interpreter, if needed, although interpretation and translation services into indigenous languages were not always available. Indigenous defendants who did not speak Spanish sometimes were unaware of the status of their cases and were convicted without fully understanding the documents they were instructed to sign.
The lack of federal rules of evidence caused confusion and led to disparate judicial rulings.
On July 29, legislators approved a law making all judicial sentences public. The increased transparency could discourage discriminatory and arbitrary sentences, according to various NGOs.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such practices and requires search warrants. There were some complaints of illegal searches or illegal destruction of private property. By law the government legally collected biometric data from migrants.
According to the NGO Freedom House, “Researchers continued to document cases of journalists, human rights lawyers, activists, and political figures targeted with Pegasus spy software. After denying they existed, in February 2019 the Prosecutor General’s Office provided evidence of Pegasus licensing contracts in 2016 and 2017.” Freedom House also reported that by March 2019 Citizen Lab and domestic NGOs had documented at least 25 cases of journalists, human rights lawyers, activists, and political figures being targeted with the Pegasus software, which is sold exclusively to governments. A 2019 study by WhatsApp and the University of Toronto’s Citizen Lab found the government continued to use Pegasus.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law provides for freedom of expression, including for the press, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, at times constrained freedom of expression.
Freedom of Speech: Journalists could criticize the government and discuss matters of general interest with no restrictions. Politicians publicly discredited and criticized such journalists, however.
On July 16, more than 80 Baja California journalists signed a letter to the CNDH denouncing Governor Jamie Bonilla’s verbal attacks against the newspaper La Voz de la Frontera, newspaper Reforma correspondent Aline Corpus, the regional magazine Semanario Zeta, and its director Adela Navarro.
Sanjuana Martinez Montemayor, the director of NOTIMEX, the government’s news agency, ordered journalists to eliminate or not publish content about certain government institutions and officials, according to the newspaper Aristegui News, the digital media Signa Lab, and the NGO Article 19.
Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction but often self-censored due to fear of reprisal. Journalists in Nogales, Sonora, said they were aware of unspoken red lines in covering organized crime and that crossing lines, such as mentioning the name of an alleged assailant, could result in personal harm.
Violence and Harassment: Journalists were killed or subjected to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. High levels of impunity, including for killings or attacks on journalists, resulted in self-censorship and reduced freedom of expression and the press.
Perpetrators of violence against journalists acted with impunity, consistent with high levels of impunity for all crimes. The NGO Article 19 reported that as of December 2019, the impunity rate for crimes against journalists was 99 percent. According to Article 19 and media reporting, as of December, six journalists had been killed because of their reporting.
From January to June, Article 19 documented 406 attacks against journalists and media, a 45 percent increase from the same period in 2019. According to Article 19, between January and June, journalists reported 40 death threats, 91 cases of intimidation or harassment, and 47 physical attacks. Public officials carried out 199 of the recorded attacks, according to Article 19. The NGO recorded 68 attacks carried out by public officials against journalists and media outlets reporting on COVID-19.
Since its creation in 2010, the Office of the Special Prosecutor for Crimes against Journalists, a unit in the Prosecutor General’s Office, secured 19 convictions for various related crimes out of 1,311 cases of attacks against journalists. In 2019, 43 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected in 7 percent of attacks against journalists, according to Article 19’s 2018 report. In March the Interior Ministry recognized government authorities perpetrated attacks against the press.
On August 20, Juan Nelcio Espinosa, an independent journalist in Piedras Negras, Coahuila, died while in police custody. Reports indicated he was detained with a colleague on charges of alleged violence against security forces. The Coahuila State Prosecutor General’s Office reported the journalist experienced breathing problems and was taken to a hospital, where he was pronounced dead. Espinosa’s family accused police of killing him and said police had previously threatened him.
Between 2012 and April 2020, the National Mechanism to Protect Human Rights Defenders and Journalists received more than 1,200 requests for protection for journalists and human rights defenders. As of June, 398 journalists were beneficiaries of Mechanism protection. Since 2018, seven journalists under Mechanism protection had been killed.
In early August, Pablo Morrugares, journalist and director of the digital news portal PM Noticias, which carried out investigations on criminal operations in Guerrero, was shot and killed by armed men in a restaurant in Iguala. He had received threats since 2015, and the state issued protective measures. The police officer assigned to guard him was also killed in the attack. Hours earlier he reported Tlacos, an organized crime group, was responsible for a recent spate of killings.
Censorship or Content Restrictions: Human rights groups reported some state and local governments censored media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.
In 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies. According to Article 19, no information was available concerning the criteria through which the government chooses media outlets for public advertising.
Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas, with sentences ranging from three months to six years in prison and monetary fines. In July 2019 the state of Hidalgo abrogated the slander law. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.
In addition to criminal libel and defamation laws, civil law defines “moral damage” as similar to defamation, concerning harm to a person’s “feelings, affections, beliefs, dignity, honor, reputation, and privacy,” according to the NGO Committee to Protect Journalists. A 2016 ruling by the Supreme Court removed the cap on fines for moral damages, leaving journalists vulnerable to exorbitant fines. In January a Mexico City court ordered academic Sergio Aguayo, a columnist of the daily newspaper Reforma, to pay a fine of $530,000 in moral damages to former Coahuila governor Humberto Moreira. On July 29, the Supreme Court agreed to analyze the case but as of October had not issued a ruling.
Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted regarding the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.
On August 22, a federal judge sentenced Juan Carlos “El Larry” Moreno Ochoa to 50 years in prison for the 2019 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption.
The threat against journalists by organized crime was particularly high in Guerrero. Journalists in Iguala, Guerrero, received messages through social networks, such as Facebook and WhatsApp, from unknown contacts, threatening them and their families, according to Article 19. Following the August 2 killing of Pablo Morrugares, the El Diario de Iguala newspaper published a note blaming organized crime and Governor Hector Astudillo Flores’ administration for violence against journalists and impunity. On August 4, attackers fired multiple shots at the building housing the printing facilities of El Diario de Iguala.
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. There were reports of security forces using excessive force against demonstrators. Twelve states have laws restricting public demonstrations. Government failures to investigate and prosecute attacks on protesters and human rights defenders resulted in impunity for these crimes, consistent with high impunity rates for all crimes.
On July 10, Guanajuato state police detained protesters and supporters during a protest led by women in Guanajuato. From a group of 60 protesters, state police arrested four women and a member of the Guanajuato state human rights commission. All detainees were later released. The CNDH and OHCHR condemned the excessive use of force by police.