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Wednesday, February 24, 2016

Mexico Prisons: A Perverse Duality

Reforma: Eduardo R. Huchim
Translated by Emma Brooks

In addition to its intrinsic seriousness, the Topo Chico prison tragedy [state prison in Nuevo Leon] - a riot and the death of 49 prisoners - is a dramatic clarion call regarding the situation of prisons and the State’s lack of control over them, due to the so-called self-government in many prisons in which the prisoners are in charge. This situation invites us to ask an obvious question: if the state cannot exercise control in prisons, where can it?

Our prisons present a perverse and complex duality, of chaos and privileges on the one hand, and of human rights violations on the other. To not have to go any further into evidence of the former, recall the party with seafood and beer, organized by Amado Yáñez [head of Oceanografia company being held for trial, accused of defrauding Banamex/Citigroup of US$360 million via false loan documentation] on Sunday February 7th in the South Prison [Mexico City], during the Super Bowl broadcast (Reforma, 13/02/16). And how could we forget that some prisoners had access to a bar and a sauna in Topo Chico!

Condemning the incidents of the Nuevo Leon prison in a statement on February 12, both the Office on Drugs and Crime and the High Commissioner for Human Rights of the UN accurately summarized our prison problem:
"it is a combination of human rights violations of people deprived of liberty, weak rehabilitation and reintegration policies, serious deficiencies in detention conditions, and the de facto transformation of several penitentiary centers into recruiting grounds for criminal organizations."
That is to say, we are faced with a surprising duality: against the excesses that reveal the authorities' weaknesses and distance prisons from their task of social reintegration, there are also human rights violations. An example of this is the request for amparo [injunction of protection] recently (02/04/16) filed by Joaquin "El Chapo" Guzman’s lawyers, who are asking that the enjoyment of “fundamental human rights” be restored to their client. His lawyers expressed that there is an intention to turn Chapo into a zombie and deprive him of life, for which he is held in solitary confinement, subjected to freezing temperatures and forced to do a roll call every hour during the day and every two hours at night, all "as the State’s retaliation for him having escaped" twice (Aristegui News, http://bit.ly/1Q3yVCy, in Spanish).

The capital's prisons are another example of violations, as has been documented by the National Human Rights Commission and the capital's Human Rights Commission [see below]. We need only remember that, as a result of overcrowding, inmates do not have enough space to sleep, forcing them to devise positions to enable them to (Reforma, 4/9/15): standing up and tied to the bars of the cells ("mummies"), in hammocks hung from the ceiling ("bats"), squatting on toilet bowl lids ("gargoyles"), sitting with their legs apart and putting their back against the chest of another inmate ("little onions").

These incidents usually generate reactions like "they deserve it, they asked for it", but - as the UN pointed out -
"it is essential to keep in mind that by depriving a person of their freedom, the State has an obligation to protect their life and their safety." 
In other words, the purpose of prisons is not revenge, but rather social reintegration of prisoners. In Mexico, however, prisons are generally recruitment and training centers for crime and for the planning and even execution of crimes.

There is an obvious need to review the situation in our prisons. But don’t get too excited, because their reality is reminiscent of the national reality: corruption, fragile institutions, weak and absurd judicial actions, like filling cells with men and women detained solely for carrying just over the legal amount of cannabis. It will therefore be difficult to be able to rehabilitate prisons without also addressing the other disasters into which the political class has plunged the nation.

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*Eduardo R. Huchim is a journalist, writer and, from 1999 to 2006, member of the General Council of the Electoral Institute of Mexico City, where he presided over the Audit Commission. His books include The System Crashes (Grijalbo, 1996), The Plots (novel, Grijalbo, 1997), New Elections (Plaza y Janés, 1997), Media (Santillana, 2002) and What's Up With the Vote (Terracotta, 2006). @EduardoRHuchim

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