Mexico: Whether police from one jurisdiction could process complaints related to crimes that occur outside of their jurisdiction (2014-July 2015)
1. Police Force Jurisdiction
1.1 Police Forces
In a telephone interview with the Research Directorate, a professor of anthropology at the University of Guadalajara, who specializes in police organizations, security studies, and crime prevention in Mexico, provided the following information: the police force in Mexico is [translation] "highly decentralized" and is divided into preventive police forces (policías preventivas) and ministerial police forces (policíasm in isteriales). Preventive police forces dress in uniforms, are present at the municipal and state levels and are mandated to provide order and security in municipalities and on highways, as well as deal with state crimes (fuero común) such as homicides, robberies, assaults, etc. The preventive police are also present at the federal level and are mandated to deal with federal crimes (fuero federal). Ministerial police forces do not dress in uniforms, are present at the state and federal levels and are mandated to investigate both state and federal crimes. Ministerial police forces are the investigative bodies of the Attorney General's Offices at the state level (the Procuraduría General de Justicia of each state) and at the federal level (Procuraduría General de la República, PGR). In municipalities where there is no municipal police, state-level police are responsible for providing protection and investigating crimes (Professor of anthropology 21 July 2015).
1.2 Legislative Direction on Jurisdictional Boundaries
The Political Constitution of the United Mexican States indicates that "[t]he investigation of crimes corresponds to the Public Ministry and to the police, which will act under the leadership and command of that [person who] is in the exercise of this function" [square brackets in original] (Mexico 1917, Art. 21). The Law of the Office of the Attorney General of the Republic (Ley Orgánica de la Procuraduría General de la República) indicates that [translation] "[t]he Attorney General of the Republic is the head of the Office of the Attorney General of the Republic and he presides over the Public Ministry" (ibid. 2009, Art. 2). According to the PGR website, the PGR is responsible for investigating and prosecuting federal crimes (ibid. n.d.). Article 50 of the Law of the Judicial Power of the Federation (Ley Orgánica del Poder Judicial de la Federación), which defines federal crimes, is attached to this Response.
The Criminal Code of the State of Mexico (Código Penal del Estado de México) provides the following regarding its jurisdiction:
[translation]
Article 1. - This code will apply in the State of Mexico, in the cases where its courts have jurisdiction:
- For crimes whose execution begins or is committed in the state territory;
- For crimes whose execution begins outside of state territory, if they are committed within state territory; and
- For permanent or ongoing crimes, when any moment or act related to their execution takes place within state territory.
In the cases included in sections II and III of this Article, this code shall apply when the accused is located in state territory or there has been no criminal action taken against him in any other state, whose courts are competent, due to regulations analogous to those contained in this code, to hear the crime. (State of Mexico 2000, Art. 1)
Similarly, the Federal District Criminal Code (Código Penal para el Distrito Federal) indicates the following regarding its jurisdiction:
[translation]
Article 7. (Territorial Principle). This Code will apply in the Federal District for crimes at a local level that are committed in its territory.
Article 8. (Principle of extraterritoriality in criminal law). This Code will apply, similarly, for crimes committed in another state, when:
- They produce effects within the territory of the Federal District; or
- They are permanent or ongoing and they continue to be committed in the territory of the Federal District. (Federal District 2002, Art. 7, 8)
2. Coordination
The Political Constitution of the United Mexican States indicates that "[t]he Public Ministry and the police institutions of the three orders of government [Federal, State, and Municipal] must coordinate between them to meet the objectives of public security" (Mexico 1917, Art. 21). In correspondence with the Research Directorate, a professor of political science at the Universidad Michoacana de San Nicolás de Hidalgo, in Morelia, Michoacán, whose research focuses on organized crime in Mexico, indicated that local police forces cannot act outside of their jurisdiction (Professor of political science 10 July 2015). He also stated that [translation] "[these] police forces must cooperate with federal authorities" (ibid.).
However, according to the same source, the collaboration of local governments [translation] "varies a lot" (ibid.). The Professor of political science stated that [translation] "some municipal authorities have clearly colluded with criminal organizations" and that collaboration of local police forces is "ineffective" (ibid.). Sources also indicate that police forces are "corrupt" and "ineffective" (WOLA May 2014, 6; Hope 1 Nov. 2013). Amnesty International (AI) reports that, according to NGOs and victims of forced disappearances, illegal detentions, and kidnappings, [translation] "there are countless obstacles to have these cases effectively investigated and to clarify the roles of states' officials" in these investigations (AI 18 Jan. 2012). SinEmbargo, a Mexican digital newspaper, published an interview with Guillermo Valencia, mayor of Tepalcatepec, in the state of Michoacán, who indicated that he was beaten by Jalisco state police officers after he demanded an explanation on the [translation] "violation of the state's [Michoacán] sovereignty" when they set up a vehicle checkpoint in Tepalcatepec (SinEmbargo 14 Mar. 2014). The article indicates that he later filed a police report (ibid.). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Amnesty International (AI). 18 January 2012. "Los estados mexicanos deben acabar con la impunidad ante desapariciones forzadas." <https://www.amnesty.org/es/latest/news/2012/01/mexican-states-must-end-impunity-enforced-disappearances/> [Accessed 13 July 2015]
Federal District. 2002. Código Penal para el Distrito Federal. Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. <http://www.fimevic.df.gob.mx/documentos/transparencia/codigo_local/CPDF.pdf> [Accessed 2 July 2015]
Hope, Alejandro. 1 November 2013. "Violencia 2007-2011. La tormenta perfecta." Nexos. <http://www.nexos.com.mx/?p=15547> [Accessed 10 July 2015]
Mexico. 2009. Ley Orgánica de la Procuraduría General de la República. Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. <http://info4.juridicas.unam.mx/ijure/tcfed/222.htm?s=> [Accessed 6 July 2015]
_____. 1917 (amended 2015). Political Constitution of the United Mexican States, 1917. Translated by Adela Staines, Jefri J. Ruchti, and María del Carmen Gress. As reproduced in World Constitutions Illustrated. 2015. Edited by Jefri Jay Ruchti. Buffalo, NY: William S. Hein & Co., Inc.
_____. N.d. Procuraduría General de la República (PGR). "What is PGR?" <http://www.pgr.gob.mx/Paginas/History.aspx#history> [Accessed 13 Aug. 2015]
Professor of anthropology, Universidad de Guadalajara. 21 July 2015. Telephone interview with the Research Directorate.
Professor of political science, Universidad Michoacana de San Nicolás de Hidalgo. 10 July 2015. Correspondence with the Research Directorate.
SinEmbargo. 14 March 2014. Humberto Padgett. "'Imposible decirle 'no' a los Templarios'." <http://www.sinembargo.mx/14-03-2014/931679> [Accessed 13 July 2015]
State of Mexico. 2000. Código Penal del Estado de México. Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. <http://portal2.edomex.gob.mx/strabajo/acercadelasecretaria/marcojuridico/ groups/public/documents/edomex_archivo/strabajo_pdf_codigo_penal.pdf> [Accessed 2 July 2015]
Washington Office on Latin America (WOLA). May 2014. Maureen Meyer. La policía en México: Muchas reformas, pocos avances. <http://www.wola.org/sites/default/files/La%20Polic%C3%ADa%20en%20M%C3%A9xico_Muchas%20Reformas%20Pocos%20Avances.pdf> [Accessed 6 July 2015]
Additional Sources Consulted
Oral sources: six attorneys in criminal law in Morelos, Puebla, Querétaro, Veracruz, and the Federal District; Jalisco – Fiscalía General; Mexico – Comisión Nacional de los Derechos Humanos, Procuraduría General de la República; professor of comparative politics, University of Texas; professor of human rights and globalization, Universidad de Guadalajara.
Internet sites, including: Diario de Guerrero; Excelsior; Factiva; Freedom House; Guerrero – Procuraduría General de Justicia; Human Rights Watch; International Crisis Group; Jalisco – Fiscalía Federal del Estado; La Jornada; Mexico – Cámara de Diputados, Comisión Nacional de Seguridad; Michoacán – Procuraduría General de Justicia; Milenio; Noticias Terra; United States – Central Intelligence Agency, Department of State, Federal Bureau of Investigation; Univisión.
Attachment
Mexico. 1995. Ley Orgánica del Poder Judicial de la Federación. Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. <http://info4.juridicas.unam.mx/ijure/tcfed/239.htm?s=> [Accessed 6 July 2015]