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Mexico

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports that government entities or their agents committed arbitrary or unlawful killings, often with impunity. The National Human Rights Commission (CNDH) is responsible for independently investigating security force abuses, including killings, and can issue nonbinding recommendations for prosecution. State human rights commissions investigate state and municipal police forces and can issue similar recommendations. State and federal prosecutors are independent of the executive branch and have the final authority to investigate and prosecute security force abuses.

In February authorities arrested 12 state police officers in Camargo, Tamaulipas, on homicide charges in connection with the massacre and burning of the bodies of three smugglers and 16 Guatemalan migrants en route to the United States. As of August 16, the suspects remained in detention awaiting trial. In March police officers broke the neck of Salvadoran refugee Victoria Salazar. The Quintana Roo prosecutor general confirmed police officers used disproportionate force during the arrest. Authorities arrested four police officers and charged them with femicide (killing a woman because of her gender). As of August 27, the suspects were awaiting trial.

Human rights and environmental activists, many from indigenous communities, continued to be targets of violence. The CNDH reported that assailants killed 12 human rights defenders from January to July.

As of September 13, three municipal police officers from Ixtlahuacan de los Membrillos, Jalisco, remained in pretrial detention for the killing of Giovanni Lopez. The Jalisco government disarmed the municipal police force of Ixtlahuacan and turned over public security duties to the National Guard and the Jalisco Secretariat for Public Security.

In July the army provided reparations to two of the three families of persons killed in July 2020 by soldiers in Nuevo Laredo, Tamaulipas, during an encounter with suspected cartel members. On October 7, the army relieved Colonel Miguel Angel Ramirez Canchola, accused of ordering the killings, of his posting, but as of October prosecutors had not taken action against the soldiers.

On October 1, a judge sentenced Fidel Figueroa, mayor of Zacualpan, state of Mexico, to 236 years in prison for murder. Figueroa collaborated with criminal organizations to kidnap the prosecutor general of Ixtapan de la Sal, state of Mexico, and others in 2019, resulting in the death of one of the prosecutor general’s bodyguards.

Organized criminal groups were implicated in numerous killings, acting with impunity and at times in collusion with corrupt federal, state, local, and security officials. On June 19, a dispute between factions of the Gulf cartel killed 15 persons in the state of Tamaulipas. Security forces responded by killing four suspects and arresting 25.

b. Disappearance

Disappearances remained a persistent problem throughout the country, especially in areas with high levels of cartel or gang-related violence. There were reports of numerous forced disappearances by organized crime groups, sometimes with allegations of state collusion with authorities. Investigations, prosecutions, and convictions for the crime of forced disappearance were rare.

Federal and state databases were incomplete and had data-crossing problems; forensic systems were highly fragmented between the local, state, and federal levels; and the sheer volume of unsolved cases was far greater than the forensic systems were capable of handling. In its data collection, the government often merged statistics on forcibly disappeared persons with missing persons not suspected of being victims of forced disappearance, making it difficult to compile accurate statistics on the extent of the problem.

As of December 2020 the Prosecutor General’s Office reported a total of 2,041 federal investigations underway into disappearances involving approximately 3,400 persons. Nongovernmental organizations (NGOs) and family members of disappeared persons alleged the prosecutors undercounted the actual number of cases.

Through a nationwide assessment process, the National Search Commission (CNB) revised the government’s official number of missing or disappeared persons repeatedly as additional data became available. As of July the CNB reported that there were 89,572 missing or disappeared persons in the country. Some cases dated back to the 1960s, but the vast majority occurred since 2006. The year 2020 had the second-highest number of cases on record, with 8,626 reported missing or disappeared, down from 9,185 cases reported in 2019. The states of Guanajuato, Jalisco, Mexico, Michoacan, Nuevo Leon, Sinaloa, Sonora, Tamaulipas, and Zacatecas, plus Mexico City, accounted for 76 percent of reported disappearances from 2018 to June 30.

The federal government and states continued to implement the law on forced disappearances. On August 30, the Extraordinary Mechanism for Forensic Identification became fully operational. It was created in 2019 to bring together national and international forensic experts to help identify 37,000 unidentified remains held in government facilities, coordinate implementation of the general law on forced disappearances, and allocate resources to state search commissions. In July 2020 the CNB launched a public version of the National Registry of Disappeared and Missing Persons. Between January 1 and August 4, it received 4,119 reports of missing persons and located 3,805 alive and 277 deceased.

In July the CNB reported it had recovered more than 1,100 pounds of charred human remains from La Bartolina, Tamaulipas, a clandestine cremation site found in 2017. Nationwide the CNB reported the exhumation of the remains of at least 3,025 persons in 1,749 clandestine graves between December 1, 2018, and June 30. The CNB reported that during that period, of the 3,025 bodies exhumed, authorities identified 1,153 and returned 822 to their families.

The government increased the CNB budget 8 percent over the 2020 budget. According to NGOs, however, the state search committees often lacked the capacity to fulfill their mandate. Civil society and families of the disappeared stated the government’s actions to prevent and respond to disappearances were largely inadequate to address the scale of the problem.

The federal government created a National System for the Search of Missing Persons as required by law, but as of August it had not established the required National Forensic Data Bank. The Prosecutor General’s Office owned a previous genetics database, which consisted of 63,000 profiles, and was responsible for the new database. The previous platform lacked interconnectivity between states and failed to connect family members effectively to the remains of their missing relatives.

In July the Supreme Court ruled that authorities at all levels must investigate enforced disappearances, search for disappeared persons, and inform victims of the process.

The government made efforts to prevent, investigate, and punish acts of disappearance involving government agents. From January to June, the CNDH received nine complaints accusing government agents of forced disappearances, including five against the army and four against the National Guard. In April authorities arrested 30 members of the navy and charged them with forced disappearances in Nuevo Laredo, Tamaulipas, in 2018. As of October the accused were in a military prison awaiting trial. In July the secretary of the navy publicly apologized to families of the victims, marking the first time the armed forces apologized for committing forced disappearances.

Investigations continued into the 2014 disappearances of 43 students from the Ayotzinapa Rural Teachers’ College in Iguala, Guerrero. Victims’ relatives and civil society continued to criticize handling of the original investigation by the Attorney General’s Office, noting there had been no convictions related to the disappearances of the 43 students. In June President Lopez Obrador announced that forensic scientists at the University of Innsbruck conclusively identified the remains of Jhosivani Guerrero, marking the third body identified of the 43 disappeared students.

As of October the Special Unit for the Investigation and Litigation of the Ayotzinapa case had arrested more than 80 suspects, including army captain Jose Martinez Crespo, an Iguala municipal police officer, and the Iguala municipal police chief. The government continued to pursue the extradition of Tomas Zeron from Israel. Zeron led the investigation of the case by the former criminal investigations unit in the Attorney General’s Office at the time of the students’ disappearances. In March 2020 a federal judge issued an arrest warrant for Zeron on charges related to his conduct of the investigation, including torturing alleged perpetrators to force confessions, conducting forced disappearances, altering the crime scene, manipulating evidence, and failing to perform his duties. He fled to Israel, and the government requested that the Israeli government issue an arrest warrant and extradite him.

In addition to the outstanding Zeron arrest warrant, the Special Unit for the Investigation and Litigation of the Ayotzinapa case issued 12 warrants and made 10 arrests for investigative irregularities, such as torture and obstruction of justice. As of September no alleged perpetrators of the disappearances had been convicted, and 78 of those initially accused were released due to lack of evidence, generally due to irregularities in their detention, including confessions obtained through torture. As of October the special unit had reissued arrest warrants for 11 of the 78 released detainees, including municipal police officers, but made no arrests.

State search collectives reported being victims, at times fatal, of attacks, threats, and other acts of harassment. In June unknown assailants killed Javier Barajas Pina in the state of Guanajuato. He was a member of a search collective and the state search commission. The state search commission paused all search efforts between May and June due to increased levels of insecurity for family search collectives, according to civil society groups. As of August 16, authorities had not arrested any suspects.

In July unknown assailants abducted and killed Aranza Ramos in the state of Sonora. Ramos had been searching for her missing husband for the previous seven months as a member of two search collectives. As of August 16, authorities had not arrested any suspects. Following Ramos’ killing, Cecilia Flores, the leader of one of the search collectives in which Ramos participated, received death threats. Flores received temporary protection from the Interior Secretariat protection mechanism.

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.

Between January and August, the CNDH registered 26 complaints of torture and 123 for arbitrary detention. Most of these complaints were against authorities in the Prosecutor General’s Office, National Guard, Interior Secretariat, and the armed forces. As of August, 25 of 32 states had specialized prosecutor’s offices for investigating torture, or specialized investigative units within the state attorney general’s office as called for by law. Between January and May there were an additional 20 complaints of cruel, inhuman, or degrading treatment against the National Guard, 20 against the army, and 11 against the National Migration Institute. The CNDH did not report on the merits of the complaints.

In February the Attorney General’s Office arrested former Puebla governor Mario Marin and charged him with torturing journalist Lydia Cacho, who exposed Marin and several business leaders’ involvement in a child sex trafficking ring in 2005. As of August 23, Marin was awaiting trial. In June authorities sentenced Quintana Roo police officer Miguel Mora Olvera to five years in prison for his role in torturing Cacho.

Impunity for torture was prevalent among the security forces. NGOs stated authorities failed to investigate torture allegations adequately. As of December 2020 the Prosecutor General’s Office was investigating 3,703 torture-related inquiries under the previous inquisitorial legal system (initiated prior to the 2016 transition to an accusatorial system) and 565 investigations under the accusatorial system. According to the Mexican Commission for the Promotion of Human Rights, from 2006 to 2020, federal authorities issued 27 sentences for torture. There were accusations of sexual abuse against authorities during arrest and detention. There is no single independent oversight mechanism to review police actions, but many federal and state security and justice sector institutions have internal affairs units providing internal supervision and promoting best practices for transparency and accountability. The government’s National Council of Norms and Labor Competencies certified law enforcement internal affairs investigators and created standard internal affairs training to promote transparency and accountability. Most internal affairs units, however, were insufficiently staffed and funded. The army and the navy have human rights units to create protocols and training. The armed forces operated a military justice system to hold human rights abusers accountable.

Prison and Detention Center Conditions

Conditions in prisons and detention centers were often harsh and life threatening.

Physical Conditions: According to the Federal Prison System, as of June there were 220,393 inmates in 288 state and federal facilities with a designed capacity for 217,064. Some prisons were undersubscribed, while others were overcrowded. The CNDH’s 2020 National Diagnostic of Penitentiary Supervision reported that state prisons were understaffed and suffered from poor sanitary conditions as well as a lack of separation between those sentenced and those awaiting trial. The report noted 40 state prisons experienced overcrowding. The report singled out Hidalgo, Nayarit, Puebla, Sinaloa, Sonora, and Tamaulipas as the states with the worst prison conditions. The CNDH noted significant understaffing at all levels in federal prisons, which affected access to programs, activities, medical services, and opportunities to report possible human rights abuses.

Organized criminal groups reportedly continued to oversee illicit activities from within penitentiary walls, and rival drug cartel members often fought in prison. In June media outlets reported that a fight between two rival groups of inmates left six inmates dead and nine wounded at a prison in Villahermosa, Tabasco.

According to civil society groups, migrants at some detention centers faced abuse when commingled with gang members and other criminals.

As of July 13, a total of 3,501 prisoners had contracted COVID-19 and 75,162 had received vaccines, according to the CNDH. In response to a 2020 civil society organization lawsuit, a Mexico City court ruled authorities must implement COVID-19 detection and preventive health protocols for detainees and their families in prisons in Mexico City and psychiatric wards nationwide.

The CNDH in its report on COVID-19 measures in holding facilities found most detention facilities could not comply with social distancing measures or several other health recommendations due to lack of space, personnel, or equipment.

Administration: Authorities did not always conduct investigations into credible allegations of mistreatment.

Independent Monitoring: The government permitted independent monitoring of prison conditions by the International Committee of the Red Cross, CNDH, and state human rights commissions.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took steps to increase its legal authority to pursue these crimes. On February 19, a constitutional reform eliminated presidential immunity for corruption and other crimes. On March 11, an anticorruption and antinepotism constitutional reform granted the Federal Judiciary Council – the administrative organ of the federal court system – more oversight over district and appeals courts and limited hiring authorities of individual judges.

Corruption: There were numerous reports of government corruption during the year. On June 6, authorities arrested former Nayarit governor Roberto Sandoval and his daughter Lidy Alejandra Sandoval Lopez for corruption and money laundering. Sandoval remained in pretrial detention as of August.

As of August 25, former governor of Chihuahua Cesar Duarte was awaiting an extradition decision. In July 2020 he was arrested in another country pursuant to a Mexican extradition request on charges that he diverted millions of dollars in public funds.

As of November authorities held Emilio Lozoya in pretrial detention. In July 2020 authorities extradited Lozoya, former director of PEMEX, the state-owned petroleum company, from Spain. In 2019 the Prosecutor General’s Office opened a corruption investigation against Lozoya for receiving up to $10 million in bribes from the Brazilian construction firm Odebrecht. The Prosecutor General’s Office also obtained an arrest warrant against Lozoya’s mother for money laundering, and in 2019 Interpol agents arrested her in Germany. Lozoya accused high-level politicians representing multiple parties of complicity in his corrupt acts and was acting as a state’s witness in trials against them.

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were mostly cooperative and responsive, with the president and cabinet officials meeting with human rights organizations, such as OHCHR, IACHR, and CNDH. Some NGOs alleged individuals who organized campaigns to discredit human rights defenders at times acted with tacit support from government officials.

Government Human Rights Bodies: The CNDH is a semiautonomous federal agency created by the government and funded by the legislature to monitor and act on human rights abuses.

The CNDH may call on government authorities to impose administrative sanctions or pursue criminal charges against officials, but it is not authorized to impose penalties or legal sanctions. If the relevant authority accepts a CNDH recommendation, the CNDH is required to follow up with the authority to verify that it is carrying out the recommendation. The CNDH sends a request to the authority asking for evidence of its compliance and includes this follow-up information in its annual report. When authorities fail to accept a recommendation, the CNDH makes that known publicly. It may exercise its power to call before the Senate government authorities who refuse to accept or enforce its recommendations.

All states have their own human rights commissions. The state commissions are funded by state legislatures and are semiautonomous. Some civil society groups, however, asserted that state commissions were subservient to the state executive branch. State commissions do not have uniform reporting requirements, making it difficult to compare state data and therefore compile nationwide statistics. The CNDH may take on cases from state-level commissions if it receives a complaint that the state commission has not adequately investigated the case.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Federal law criminalizes the rape of men and women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 26 of the 32 states. Between January and June, state authorities opened 10,458 new rape investigations. There were high rates of impunity for these crimes, consistent with high impunity rates for all crimes.

Federal law prohibits domestic violence and stipulates penalties for conviction of between six months’ and four years’ imprisonment. Of the 32 states, 29 stipulate similar penalties, although sentences were often more lenient. Federal law criminalizes spousal abuse. State and municipal laws addressing domestic violence largely failed to meet the required federal standards and often were unenforced. In June the government amended the General Law on Women’s Access to a Life Free of Violence to include media and digital violence as a form of violence against women.

According to the National Institute of Statistics and Geography (INEGI) 2016 survey, 18 percent of women ages 15 and older reported having experienced physical violence at the hands of their current or most recent partner, and 6.5 percent reported having experienced sexual violence. The increase in domestic violence cases that began during the start of the COVID-19 pandemic continued. The Executive Secretariat of the National Public Security System reported 23,907 domestic violence cases in May, an all-time monthly record. Between January and June, state authorities opened 129,020 new domestic violence investigations.

In March authorities in Mexico City opened an investigation based on allegations of rape against Andres Roemer, a prominent writer, producer, consular officer, and former UNESCO goodwill ambassador. Since 2019 more than 60 women accused Roemer of sexual abuse, assault, and rape. In July the Mexico City Prosecutor General’s Office issued the fourth arrest warrant for Roemer. Authorities were attempting to extradite Roemer from Israel.

The Executive Secretariat of the National Public Security System reported more than 1,889 killings of women, including 672 femicides, from January to September. September had the highest incident rate, with an average of 84 women killed in each month. The 911 hotline received 139,554 calls reporting incidents of violence against women from January to June, an increase of 6 percent over the same months in 2020. The 27,751 calls to the hotline in May were the most since the creation of the hotline. Calls included reports of relationship aggression, sexual assault, sexual harassment, rape, and intrafamily violence. The National Shelter Network reported that the network assisted 12,000 women and children between January and August.

Femicide is a federal offense punishable by 40 to 70 years in prison. It is also a criminal offense in all states. The law describes femicide as a gender-based murder under any of the following seven circumstances: signs of sexual violence, previous violence, emotional connection to the perpetrator, previous threats, harassment history, victim held incommunicado prior to deprivation of life, or victim’s body exposure in a public place. According to National Security Secretariat statistics, between January and June, state-level prosecutors and attorneys general opened 495 femicide investigations throughout the country, exceeding the 477 state-level femicide investigations opened in the first half of 2020 (statistics from state-level reports often conflated femicides with all killings of women).

The National Commission to Prevent and Eradicate Violence against Women is responsible for leading government programs to combat domestic violence. Reforms to the Prosecutor General’s Office split the Office for Combating Violence Against Women and the Trafficking in Persons offices in an effort to elevate these issues by giving each its own special prosecutor general. Between January and June, the commission registered that 115,534 women received attention in Justice Centers for Women throughout the country, a 19 percent increase over the same period in 2020.

In addition to shelters, women’s justice centers provided services including legal, psychological, and protective; however, the number of cases far surpassed institutional capacity. According to multiple NGOs, due to COVID-19’s impact on the economy, funding sources for women’s shelters, including for indigenous women, were insufficient. Federal government funding for women’s shelters for the year was the same as in 2020. Federal funding assisted the operation of more than 69 shelters, external attention centers, emergency houses, and transition houses. NGOs operated 85 percent of the facilities, and government organizations operated the remaining 15 percent.

Sexual Harassment: Federal law prohibits sexual harassment and provides for fines from 250 to 5,000 times the minimum daily wage, but the law was not effectively enforced. Of the 32 states, 24 criminalize sexual harassment, and all states have provisions for punishment when the perpetrator is in a position of power. According to the National Women’s Institute, the federal institution charged with directing national policy on equal opportunity for men and women, sexual harassment in the workplace was a significant problem.

On February 6, the federal Law Against Digital Harassment took effect. The law criminalizes sharing, distributing, and publishing intimate sexual content (including photographs, audio, and videos) featuring individuals who have not explicitly given their consent, with penalties of up to six years in prison. Women’s rights activists supported the law as critical to combat the increasingly prevalent problem of online sexual harassment. In April authorities arrested and prosecuted Alexis Rafael Valadez Vazquez under the new law for publishing intimate photographs of women online, without their consent, to extort them.

Reproductive Rights: There were no confirmed reports of coerced abortion or involuntary sterilization on the part of government authorities.

Federal authorities supported access to contraceptive methods, but states’ efforts varied widely. Barriers to accessing contraceptives stemmed from lack of knowledge, poverty, lack of access to health services, and sexual violence from family members, strangers, or friends. An Institute for Health Metrics and Evaluation study on the use of contraceptives in Chiapas (the poorest state) found that older women were less likely to use family planning methods (13 percent of women ages 35 and older, versus 18 percent of women ages 20-34), while 23 percent of indigenous women opposed birth control for religious, cultural, or social reasons. The National Population Council estimated that in 2020 and 2021, a total of 1,172,000 women had limited access to contraceptives due to COVID-19. The National Population Council reported that in 2020 there were 373,661 pregnancies in women younger than age 19 (30 percent above 2019), of which 8,876 were in girls ages 14 or younger. The states with the most teenage pregnancies were Chiapas, Coahuila, and Guerrero, and Tabasco. Sometimes family members arranged marriages for girls younger than 18. INEGI found that 53 percent of women of reproductive age used modern contraception in 2018 (the most recent study).

By law government health providers are obliged to offer sexual and reproductive emergency health services for survivors of sexual violence within 120 hours of the sexual assault. Emergency contraception was available, including for survivors of sexual assault. Nevertheless, women nationwide faced obstacles to accessing emergency services due to health providers’ personal objections to emergency contraception or misunderstanding of their legal obligations to provide services.

Factors associated with maternal deaths included parents with lower levels of education, poor hospital infrastructure and human capacity, and lack of access to maternity care, especially for pregnant women living in rural areas. Southern states reported the lowest access to skilled health care during pregnancy due to geographic, financial, and cultural barriers. In rural areas in 2019, the cause of most maternal deaths was obstetric hemorrhage.

Discrimination: The law provides women the same legal status and rights as men and “equal pay for equal work performed in equal jobs, hours of work, and conditions of efficiency.” The law establishes penalties for discrimination based on gender, race, ethnicity, color, religion, language, pregnancy, political belief, or any other nature that violates human dignity. The government did not enforce the law effectively. Women tended to earn substantially less than men did for the same work. Women were more likely to experience discrimination in wages, working hours, and benefits.

According to the Organization for Economic Cooperation and Development, the median salary for full-time female employees was 19 percent less than that of full-time male employees. Only 7.5 percent of the members of the executive boards of publicly traded domestic companies were female, and men held 64 percent of managerial positions throughout the country. According to INEGI’s 2016 National Survey on the Dynamics of Household Relationships, 22 percent of working women reported experiencing labor discrimination within the previous 12 months.

Systemic Racial or Ethnic Violence and Discrimination

The constitution prohibits discrimination based on ethnicity, and a federal law prohibits all forms of discrimination. Nonetheless, discrimination was common against racial and ethnic minorities, including Black, Afro-Mexican, and indigenous groups. All states have additional laws against discrimination. In 2019 legislators passed a constitutional reform recognizing Afro-Mexicans as an ethnic group.

INEGI reported that 2 percent of the population (2.5 million) self-identified as Afro-Mexican. The National Council to Prevent Discrimination’s 2017 national survey on discrimination found 58 percent of Afro-Mexicans and 65 percent of indigenous persons considered their rights were respected “little or not at all.” The survey also reported 22 percent of persons said they would not share a household with an Afro-Mexican. The survey also reported that persons with darker skin completed 6.5 years of schooling, while those with white skin completed 10 years. A report from the Black Alliance for Just Immigration found black migrants faced widespread racial discrimination from individuals and authorities, particularly in accessing employment and services. Black migrants reported migration authorities detained Black migrants for longer periods than other migrants.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports the government did not always investigate and punish those complicit in abuses against LGBTQI+ persons, especially outside Mexico City. Civil society groups claimed police routinely subjected LGBTQI+ persons to mistreatment while in custody.

There were 50 hate-crime homicides and four forced disappearances committed against the LGBTQI+ community in the first eight months, according to the National Observatory of Crimes Against LGBTQI persons. A 2019 CNDH poll found six of every 10 members of the LGBTQI+ community reported experiencing discrimination in the past 12 months, and more than half suffered hate speech and physical aggression.

Federal law prohibits discrimination against LGBTQI+ individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity.

In July the Mexico City congress passed a law to provide, promote, and protect LGBTQI+ human rights. In August the Mexico City congress approved a reform allowing LGBTQI+ children ages 12 years and older to legally change their gender on their birth certificate. In August Yucatan passed a law legalizing same-sex marriage, increasing the number of states making it legal to 22 of the country’s 32 states. In August Baja California and Yucatan passed laws banning LGBTQI+ conversion therapy.

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