Medicinal Marijuana Advocate Group

It’s practically a daily ritual: Accused drug traffickers and assassins, shackled and bruised from beatings, are paraded before the news media to show that Mexico is winning its drug war. Once the television lights dim, however, about three-quarters of them are let go.

Even as President Felipe Calderon’s government touts its arrest record, cases built by prosecutors and police under huge pressure to make swift captures unravel from lack of evidence. Innocent people are tortured into confessing. The guilty are set free, only to be hauled in again for other crimes. Sometimes, the drug cartels decide who gets arrested.

Records obtained by The Associated Press showed the government arrested 226,667 drug suspects between December 2006 and September 2009, the most recent numbers available. Less than a quarter of that number was charged. Only 15 percent saw a verdict, and the Mexican attorney general’s office won’t say how many of those were guilty.

The judicial void is a key reason why Mexican cartels continue to deliver tons of cannabis, methamphetamines, heroin and cocaine onto U.S. streets.

It in effect gives them impunity, and allows them to be able to function in ways that can extend themselves into the United States.

Mexico’s justice system is carried out largely in secret and has long been viciously corrupt. Add a drug war that Calderon intensified, and the system has been overrun. Nearly 25,000 people have died in the war to date, and the vast majority of their cases remain unsolved.

The AP obtained court documents and prison records restricted from the public and conducted dozens of interviews with suspects’ relatives, lawyers, human rights groups and government officials to find out what happened after suspects were publicly paraded in key cartel murder cases.

In Ciudad Juarez, where a war between two cartels over trafficking routes killed a record 2,600 people in 2009, prosecutors filed 93 homicide cases that year and got 19 convictions . Only five were for first-degree murder, court records show, and none came under federal statutes with higher penalties designed to prosecute the drug war.
They never charge anyone with homicide because they don’t have the evidence, they don’t have proof, said Jorge Gonzalez, president of the public defenders association. They just show them to the media to give the impression that they’re solving cases.

Soldiers in Juarez routinely announce to the public that suspects have confessed to a shocking number of murders.

Hector Armando Alcibar Wong, known as “El Koreano,” killed 15, they said. But a year after his August 2009 arrest, authorities don’t even know where he is. Chihuahua state officials say they handed him over to federal authorities; the attorney general’s office says it never had him.

Soldiers told the media in 2008 that Juan Pablo Castillo Lopez was tied to 23 killings. He was never charged with homicide and was freed from state prison less than a year later. The army quickly arrested him again, saying he killed two more people within three days. Nine months after that, he still doesn’t face a homicide charge.

The attorney general’s records show the same pattern of catch and release in all states where Calderon’s government sent federal police and soldiers to crush the cartels.

In Baja California, home to the border city of Tijuana, nearly 33,000 people were arrested but 24,000 were freed. In the northern state of Sinaloa — the cradle of the powerful cartel by the same name — more than 9,700 were detained, but 5,606 freed. In Tamaulipas, birthplace of the Gulf cartel, nearly 3,600 were detained while 2,083 were freed.

Calderon first launched his military assault in December 2006 in his home state of Michoacan, deploying thousands of troops shortly after a new cartel called La Familia rolled five severed heads onto a nightclub’s dance floor.

Since then, federal forces have arrested more than 3,300 drug suspects. Nearly half have been released.

In 2008, drug traffickers in Michoacan lobbed hand grenades into a crowd celebrating Mexico’s independence. Eight revelers died, including a 13-year-old boy, making it one of Mexico’s highest-profile murder cases. Police and federal authorities arrested three suspects within 10 days. None of the men had criminal records. All three confessed. But at least 16 people say the three men weren’t even there.

A year after the arrests an appeals judge dismissed charges of organized crime, terrorism and grenade possession, against all three men. The confessions have been retracted, but homicide charges still stand.

All three men remain in jail.

Even Mexico’s president admitted the court system is inept recently as he touted a new judicial system that Mexico has begun to adopt.

It fosters injustice, impunity and corruption, Calderon wrote on the presidential website. We need a profound change and that’s why we have begun an unprecedented effort to modernize and redesign our legal system.”

That effort, with aid from the United States, started under a constitutional amendment passed by the legislature, approved by all 32 states and signed by Calderon in 2008.

Under the old system, defendants are presumed guilty until proved innocent, proceedings are carried out almost entirely in writing, and judges usually rubber-stamp whatever government prosecutors and investigators hand them. Without public scrutiny, mistaken arrests, bungled investigations and false confessions are commonplace.

With the reform, defendants are presumed innocent until proved guilty; police must investigate crimes and collect evidence before making arrests; a panel of judges decides whether there is enough evidence for the case to proceed, and trials are argued orally in courts open to the public.

The law calls for the changeover to be completed by 2016. The U.S. Agency for International Development has provided training in forensics, interviewing and courtroom arguments to 550 Mexican prosecutors. Some 5,000 federal police officers have taken basic investigation courses, also with U.S. funding. The Obama administration is requesting $207 million in its 2011 budget for judicial and government reforms in Mexico.

But even state prosecutors say the drug war has stymied the new system.

Soldiers, who under Mexican law can’t do police work, routinely bring in evidence such as illegally obtained confessions that judges are forced to throw out.

The numbers of arrests increased tremendously, but the numbers of prosecutions virtually didn’t change, noted Pascual, the U.S. ambassador.

“Since the reform was implemented, 98 officials who had received training have been assassinated by gangs”, said Carlos Gonzalez; spokesman for the Chihuahua attorney general’s office. No one has been arrested in any of those killings.