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DE RUEHME #0721/01 0712219
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R 112219Z MAR 08
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 0857
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
UNCLAS SECTION 01 OF 11 MEXICO 000721
SIPDIS
SENSITIVE
SIPDIS
PLEASE PASS TO BARBARA FLECK G/TIP
E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN MX PHUM PREF SMIG
SUBJECT: EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT
- MEXICO (PART 1 OF 2)
REF: A. 2006 STATE 202745
B. (B) 2007 STATE 150188
C. (C) 2008 STATE 02731
1. (SBU) The mission's point of contact on the Trafficking in
Persons (TIP) Report is Poloff Janelle Guest. She may be
reached by telephone at (52) (55) 5080-2000, ext. 4806, or by
fax at (52) (55) 5080-2247 or GuestJR@state.gov). Post
requests that the names of the non-governmental organizations
(NGOs) working with the Government of Mexico (GOM) providing
victim protection and assistance not be disclosed in this
report. Post also requests that the names and details
connected to ongoing investigations not be made public.
2. (SBU) Mexico is a country of origin, transit, and
destination for persons trafficked for sexual and labor
exploitation. While there are no reliable figures as to the
extent of the trafficking problem, Mexico's geographic
location along primary transportation routes for illegal
migration into the U.S. as well as the country's high level
of organized criminal gang activity leaves little doubt that
the transnational and domestic trafficking numbers are
substantial.
3. (SBU) The GOM has made significant and laudable
advancements to address trafficking in persons in Mexico over
the past year. While advancements are uneven across federal
agencies, and expertise needs to be developed at all levels
of government, the GOM has proactively addressed all facets
of TIP, with measurable results and can be expected to
continue to build on its successes. In particular, President
Felipe Calderon passed a federal anti-trafficking in persons
law to make trafficking in persons a crime at the punishable
at the federal level. In January 2008, the Congress approved
a $7 million USD budget to construct a shelter for victims of
trafficking. The GOM expects to open two additional shelters
for trafficking victims later in 2008. Notwithstanding
progress on the prosecutorial front, the GOM needs to do more
to strengthen prosecution of outstanding cases. A vetted
unit within the Attorney's General could make an important
contribution to the Government's efforts to prosecute TIP
cases. The Government recently assigned TIP cases to the unit
that handles crimes against women; it is beginning to
organize this unit and its case load, and it is too early to
assess the effectiveness of this new arrangement.
4. (SBU) The following significant steps forward in fighting
TIP have taken place in Mexico since the June 2007 report:
-- The states of Chihuahua, Guerrero, Zacatecas, Mexico, and
Sonora (January 2007, April 2007, September 2007, December
2007 and March 2008 respectively) passed comprehensive state
anti-TIP legislation. However, the states of Coahuila, Baja
California, Jalisco, Michoacan, Puebla, Guanajuato, Tlaxcala,
Distrito Federal and Quintana Roo also have laws that address
trafficking in persons as a crime but do not include all
elements of trafficking.
-- On November 27, 2007, President Felipe Calderon signed a
law which criminalizes trafficking in persons at the federal
level.
-- The National Migration Institute (INM) issued nine visas
to trafficking victims, contingent on their participation in
prosecution efforts.
-- 40 Mexican government officials, including investigators
and technical officers from Secretaria de Seguridad Publica
(SSP) and Centro Nacional de Planeacion e Informacion para el
combate a la delincuencia (CENAPI) participated in a 24-hour
training course in electronic surveillance, among numerous
other training courses in the last year.
-- On July 16, 2007, agents from Mexico's Federal
Investigation Agency (AFI) arrested Ignacio Antonio
Santoyo-Cervantes a.k.a "Sony" pursuant to a federal arrest
warrant in connection to the DIVAS trafficking organization.
Santoyo-Cervantes is considered one of the main leaders of
this international trafficking organization.
-- On February 1, 2008, Attorney General Eduardo Medina Mora
appointed Maria Guadalupe Morfin Otero as the lead of the
newly reconstituted Crimes Against Women and Trafficking in
Persons Unit (FEVIMTRA), which was formally known as FEVIM.
FEVIMTRA will be charged with prosecuting all TIP cases
except those involving organized crime, which will continue
to be handled by a subunit of the Organized Crime Unit
(SIEDO).
MEXICO 00000721 002 OF 011
5. (SBU) QUESTION A. Is the country of origin, transit,
and/or destination for internationally trafficked men, women,
or children? Provide, where possible, numbers or estimates
for each group; how they were trafficked, to where, and for
what purpose. Does the trafficking occur within the
country's borders? Does it occur in territory outside of the
government's control (e.g. in a civil war situation)? Are any
estimates or reliable numbers available as to the extent or
magnitude of the problem? What is (are) the sources(s) of
available information on trafficking in persons or what plans
are in place (if any) to undertake documentation of
trafficking? How reliable are the numbers and these sources?
Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?
POST RESPONSE: Mexico is a country of origin, transit, and
destination for trafficked men, women, and children for
purposes of sexual and labor exploitation. Of those
transited through or destined for Mexico, the vast majority
of trafficking victims come from Central America, with a
lesser number of victims originating from the Caribbean,
Eastern Europe, and Asia. Those in transit are largely
trafficked to the United States. Most victims originating
from Mexico also are trafficked to the U.S., with smaller
numbers to Europe, Asia and Canada. Mexico has a significant
problem with internal trafficking; often women and girls are
trafficked to the northern border, most prominently Tijuana,
or to cities where sex tourism is prevalent, such as Cancun
and Acapulco.
According to local NGOs, the following forms of trafficking
can be associated with geographic regions of Mexico: labor
exploitation is predominant in Chiapas, Chihuahua, Oaxaca and
Veracruz; trafficking linked to cultural traditions (parents
sell, rent or barter children for money or business) is
prevalent in the indigenous communities in Oaxaca, Chiapas
and Guerrero; and sexual exploitation of children and women
is prevalent in Acapulco, Cancun, Puerto Vallarta,
Zihuatenejo, Baja California and Mexico City.
There are no reliable statistics regarding the extent of the
trafficking problem. The federal government, National Human
Rights Commission (CNDH) and civil society have expressed
interest in conducting national studies on trafficking but
these initiatives have not been realized. Certain studies
have targeted specific populations or geographic areas. The
National Institute for Women (INMUJERES)- in collaboration
with the Organization for American States (OAS), the National
Migration Institute (INM) and the International Organization
for Migration (IOM)- has completed a study on trafficked
women and children on the northern border with emphasis on
Baja California, but did not publish the report due to a lack
of solid information.
The International Organization for Migration (IOM) reported
to other NGOs on trafficking that of the 54 trafficking
victims they have assisted until January 2008, (80%) came
from Central America (Guatemala 44%, Honduras 19%, El
Salvador 7%) and (13%) from South America (mainly from
Argentina and Colombia), and of the 54, 47 were women.
Some statistics are available on specific trafficking victims
and generally vulnerable populations. The INM reported that
approximately 51,000 migrants, the vast majority from Central
America, were detained in 2007. However, some numbers may
have been underreported.
Other information on trafficking patterns that are available
come from NGOs or academics. However, though, most of these
reports tend to contain more anecdotal evidence than concrete
statistics.
Grupos Beta, a Mexican organization created to protect and
carry-out humanitarian actions, rescue and save migrants who
are at risk of danger published a 28-page pamphlet that will
help foreign migrants who may become victims in Mexico. The
pamphlet includes contact information about Embassies and
Consulates in Mexico, migrant rights and information for
Grupos Betas around Mexico.
The populations most vulnerable to trafficking tend to be
women and children (both boys and girls), undocumented
migrants (most often from Central America), as well as
indigenous groups.
6. (SBU) QUESTION B: Please provide a general overview of the
trafficking situation in the country and any changes since
the last TIP Report (e.g. changes in direction). (Other items
MEXICO 00000721 003 OF 011
to address may include: What kind of conditions are the
victims trafficked into? Which populations are targeted by
the traffickers? Who are the traffickers/exploiters? Are
they independent business people? Small or family-based
crime groups? Large international organized crime syndicates?
What methods are used to approach victims? (Are they
offered lucrative jobs, sold by their families, approached by
friends of friends, etc.?) What methods are used to move the
victims (e.g., are false documents being used?). Are
employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?
POST RESPONSE: Political will to address the problem is
high, evidenced by actions taken by the federal and state
governments since the last TIP report. Four states passed
anti-trafficking legislation:
--the federal government passed anti-trafficking legislation;
--Mexico's Attorney General's office (PGR) created a special
prosecutor for trafficking crimes, adding responsibility for
trafficking investigations to an existing unit charged with
addressing violent crimes against women (FEVIM);
--the National Migration Institute (INM) issued humanitarian
visas to trafficking victims;
--Congress approved a $7 million USD budget to construct
shelters specifically for trafficking victims.
INM and state law enforcement undertook various training
programs on trafficking, including a 24 hour training program
on trafficking. Moreover, the media has covered TIP in the
newspapers frequently over the last year. With efforts from
civil society and government to confront the problem, both
have significantly raised the profile of TIP in Mexico and
have made measurable advancements in constructive cooperation
with the one another.
Nonetheless, government efforts to fight trafficking need to
extend to witness protection and prosecutions.
Because of the lack of concrete statistics on trafficking,
the increase in the number of victims or the kinds of
trafficking victims is difficult to ascertain. The
International Organization for Migration in collaboration
with INMUJERES and OAS started a project which determined
that migrants have developed a new route to the U.S. which
includes travel from Guatemala by boat through the Pacific
Ocean to Tijuana and finally across the Mexico-U.S. borders.
NGOs say that there is the possibility that many victims of
trafficking are involved while smugglers try to smuggle them
through Mexico.
In addition, the pattern of illegal migration from Mexico and
Central American into the U.S. also puts a larger number of
vulnerable persons at risk for coming into contact with
traffickers. Migrants from Mexico and Central America
(especially women and children) are frequently smuggled into
the U.S. with the promise of a lucrative job only to find
themselves forced into prostitution or debt-bondage working
conditions. Some traffickers falsely offer victims help in
reuniting them with their family in the U.S. Other common
methods used to approach/target victims include placing ads
in newspapers that invite girls to participate in
international exchanges or to start lucrative modeling
careers. Once the girl is isolated from family and friends,
she is forced into prostitution. Minors traveling alone from
Central America through Mexico to the U.S. to meet with
family members who left for the U.S. for better economic
conditions often fall prey to traffickers while traveling
without an adult.
Indigenous groups often sell, rent or barter their children
to traffickers for money. Often times the children are sold
and become victims of sex trafficking in tourist areas such
as Cancun, Acapulco or Puerto Vallarta.
Within Mexico, women and children from Mexico's poorest
regions of Mexico move to the urban, tourist, and the
northern border areas seeking economic opportunity, but they
often end up working in the commercial sex industry or
domestic work, for farm work (or all) due to trickery,
threats, or physical violence by traffickers.
The widespread use of professional alien smugglers contracted
to help illegal migrants transit Mexico and cross into the
U.S., increases the risk of falling prey to trafficking
networks. Traffickers often employ alien smugglers to both
MEXICO 00000721 004 OF 011
target and transport victims. Alien smugglers use a wide
variety of techniques to get people across the border,
including false documents, hidden compartments, and dangerous
desert crossings. Among legitimate transportation services,
taxi drivers serve as guides and facilitators for sex
tourists, common in border towns like Tijuana.
Many organized criminal organizations from Mexico and other
countries use Mexico as a staging and training area for women
and young girls destined for brothels and table dance bars in
the U.S. There is reported involvement of criminal gangs
from Mexico, Central America, Europe, Japan, China and
several other countries. Trafficking is also operated by
small family networks.
For labor exploitation, traffickers often acquire legal work
documents to transport victims to factories or
farms/plantations, where employers then confiscate documents
and impose extreme working conditions. Regional migrants
within Mexico (such as farm workers from southern Mexico
seeking work in northern states and migrants from Central
America seeking work from farms in southern Mexico) are also
victims of such exploitation.
7. (SBU) QUESTION C: Which government agencies are involved
in anti-trafficking efforts and which agency, if any, has the
lead?
POST RESPONSE: On November 27, 2007, President Calderon
signed federal anti-trafficking legislation which makes TIP a
crime punishable at the federal level. Under the new law an
interagency committee was created with all government
agencies to coordinate on this issue. Agencies participating
on the Inter-agency committee to address TIP include:
National Migration Institute (INM), Mexican Attorney
General's Office (PGR), National Institute for Women
(INMUJERES), Secretary of Health, Mexico's Foreign Relations
Secretariat (SRE), Secretary of government (SEGOB), Secretary
SIPDIS
for Public Security (SSP), Secretary for Health, Secretary
for Communications and transportation (SCT), Secretary of
Labor STPS), Secretary of Public Education (SEP), along with
three academic experts, and three representatives from civil
society. According to the law, President Calderon needs to
appoint the agency that will preside over the committee but
has not taken that decision to date.
The Inter-Agency Commission is mandated to develop a National
Program to Prevent and Punish Trafficking in Persons and
establish prevention, protection, and care campaigns for
trafficking in persons based on the principle of safeguarding
human dignity and human rights with special attention to
women and children. The committee is also expected to work
closely with the Council on Public Safety in order to monitor
and assess the results.
8. (SBU) QUESTION D: What are the limitations on the
government's ability to address this problem in practice?
For example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?
POST RESPONSE: The principle obstacle to effectively
addressing trafficking in Mexico is the lack of adequate
participation at the state and local levels in passing and
implementing comprehensive state legislation to criminalize
trafficking in persons at the state level. Although four
states enacted comprehensive TIP penal codes, others failed
to implement penal codes which address all aspects of
trafficking. Federal legislation was passed on November 27,
2007.
TIP must also compete with other law enforcement priorities
in Mexico. Over the past year, President Calderon has
committed his administration and an increasing amount of
human and financial resources toward the fight against drug
trafficking and violence associated with the drug trade.
Although TIP initiatives are given a priority, TIP enforcers
must also address the broader problem of spiraling violence
and criminality in Mexico. The GOM puts scarce TIP resources
to good use, however, and has accepted USG assistance and
training. Funds dedicated by the POTUS initiative
contributed significantly to local efforts, particularly
through ICE-coordinated law enforcement training, as well as
USAID technical assistance programs. In addition, USAID's
TIP Shelter Project continues to strengthen current shelters
that accept trafficking victims, giving Mexico time to
establish shelters dedicated to trafficking victims.
MEXICO 00000721 005 OF 011
Training needs to continue and expand in the areas of
awareness-raising (the distinction between trafficking and
smuggling remains unclear, particularly among local law
enforcement officials); the identification of and interaction
with victims; and the provision of services to trafficking
victims. A culture of impunity persists and corruption
exists at all levels of government, especially at the state
and local level. Traffickers at times pay off authorities to
avoid prosecution.
9. (SBU) QUESTION E: To what extent does the government
systematically monitor its anti-trafficking efforts (on all
fronts-prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?
POST RESPONSE: With the passage of the new federal
anti-trafficking legislation, the GOM plans to explore
options for systematically monitoring its anti-trafficking
efforts.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------------------------------------
10. (SBU) QUESTION A: Does the country have a law
specifically prohibiting trafficking in persons --both for
sexual and non-sexual purposes (e.g. forced labor)? If so,
please specifically cite the name of the law and its date of
enactment and provide the exact language of the law
prohibiting TIP and all other law(s) used to prosecute TIP
cases. Does the law(s) cover both internal and external
(transnational) forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud or coercion? Are these
other laws being used in trafficking cases? Please provide a
full inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws
against illegal debt).
POST RESPONSE: On November 27, 2007, Mexico passed a federal
law titled: "Law to Prevent and Punish Trafficking in
Persons," which will amend, supplement, and revoke various
provisions of the Federal Law Against Organized Crime, the
Federal Code of Criminal Procedure, and the Federal Penal
Code.
Article 1 of the reads: "The purpose of this law is to
prevent and punish trafficking in persons, and to protect,
care for, and assist the victims thereof, in order to ensure
that victims and potential victims, whether residing in
Mexico permanently or temporarily, and Mexicans abroad, can
develop freely as persons. This law shall apply throughout
the national territory under federal jurisdiction." The
federal law includes internal and external trafficking as
part of the law.
11. (SBU) QUESTION B: What are the prescribed penalties for
trafficking people for sexual exploitation? What penalties
were imposed for persons convicted of sexual exploitation
over the reporting period? Please note the number of
convicted sex traffickers who received suspended sentences
and the number who received only a fine as punishment.
POST RESPONSE: The prescribed penalties include: imprisonment
from 6-12 years and 500-1500 "fine days" (approximately
$2,434 USD-$78,885 USD) (days in which a prescribed
percentage of income must be paid); imprisonment of 9-18
years and 750-2250 "fine days" (approximately $3,651
USD-$10,954USD), if the offense is committed against a person
under the age of 18 or against a person who does not have the
capacity to understand the meaning of the act or the capacity
to resist. According to Article 6 of the law, "The penalty
will increase by half when, "The perpetrator avails himself
of a public office that he may hold or may have pretended to
hold without actually being a public servant. When the
perpetrator is a public servant, he shall be stripped of his
public position, office or commission and be prohibited from
performing any other for up to a period of time equal to the
term of imprisonment imposed; the same penalty shall apply
when the victim is a person over 60 years of age or is an
indigenous person."
Article 6 section (b) states: "When the criminal participant
in the offense is related to the victim by blood, affinity or
common law, or lives in the same residence as the victim,
even though there may be no kinship or is the guardian or
caretaker of the victim; such person may (depending on the
MEXICO 00000721 006 OF 011
circumstances) lose his parental authority, the maintenance
right to which he is entitled by virtue of his relationship
to the victim, and any right he may hold with respect to
victim's assets."
To date, no one has been charged, convicted or fined under
the new federal law.
12. (SBU) QUESTION C: Punishment of Labor Trafficking
Offenses: What are the prescribed and imposed penalties for
trafficking for labor exploitation, such as forced or bonded
labor and involuntary servitude? Do the government's laws
provide for criminal punishment-i.e. jail time - for labor
recruiters in labor source countries who engage in
recruitment of laborers using knowingly fraudulent or
deceptive offers that result in workers being trafficked in
the destination country? Are there laws in destination
countries punishing employers or labor agents in labor
destination countries punishing employers or labor agents in
labor destination countries who confiscate workers' passports
or travel documents, switch contracts without the worker's
consent as a means to keep the worker in a state of service,
or withhold payment of salaries as means of keeping the
worker in a state of service? If law(s) prescribe criminal
punishments for these offenses, what are the actual
punishments imposed on persons convicted labor traffickers
who received suspended sentences and the number who received
only a fine as punishment.
POST RESPONSE: On November 27, 2007, Mexico passed its
federal anti-trafficking law, however, the law does not
specifically address labor trafficking and the punishment for
labor trafficking/exploitation. As such, the law does not
identify labor trafficking as a crime under the federal law
and does not establish penalties for labor recruiters.
13. (SBU) QUESTION D: What are the prescribed penalties for
rape or forcible sexual assault? How do they compare to the
prescribed penalties for crimes of trafficking for commercial
sexual exploitation?
POST RESPONSE: Each of Mexico's 31 states and Mexico City
has their own penal codes and the penalties vary. In Mexico
City, the penalty for rape of a child less than twelve years
old is punishable by two to five years imprisonment; another
50 percent of the sentence is added if violence was used.
When the victim is between 12 and 18 years old, rape is
punishable by three months to four years in prison. The
penalty for rape of an adult woman is six months to four
years; if violence is used in the process, an additional 50
percent of the sentence may be added to it. Use of force in
a rape against a member of either sex is punishable by eight
to 14 years in prison.
According to federal law, child prostitution and any practice
that affects a child's psychological development is a felony
under Mexican law. The Federal Penal Code and the Penal
Proceedings Code cover crimes involving children or
adolescents in pornography, prostitution of minors, and
corruption of minors or mentally disabled persons. Specific
penalties for perpetrators vary depending on the seriousness
of the crime.
14. (SBU) QUESTION E: Is prostitution legalized or
decriminalized? Specifically, are the activities of the
prostitute criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be under state or local jurisdiction
and may differ among jurisdictions.
POST RESPONSE: Prostitution is legal for adults 18 years of
age and older in Mexico. The existing laws that do not
pertain to prostitution focus on threats to public health,
moral corruption and pimping. The Mexican criminal code
contains penalties for corruption of minors; for induced or
forced prostitution and maintaining brothels; for employment
of minors in bars and other centers; and for the procurement,
inducement or concealment of prostitution. Obvious
prostitution is subject to a penalty of six months to five
years in prison. Although pimping is a crime in Mexico, both
pimping and prostitution are practiced widely and generally
without arrest or prosecution.
15. (SBU) QUESTION F: Has the government prosecuted any cases
against human trafficking offenders? If so, provide numbers
of investigations, prosecutions, convictions, and sentences
MEXICO 00000721 007 OF 011
served, including details on plea bargains and fines, if
relevant and available. Please indicate which laws were used
to investigate, prosecute, convict, and sentence traffickers.
Also, if possible, please disaggregate by type of TIP (labor
vs. commercial sexual exploitation) and victims (children, as
defined by U.S. and international law as under 18 years of
age, vs. adults). Does the government in a labor source
country criminally prosecute labor recruiters who recruit
laborers using knowingly fraudulent or deceptive offers or
impose on recruited laborers inappropriately high or illegal
fees or commissions that create a debt bondage condition for
the laborer? Does the government in a labor destination
country criminally prosecute employers or labor agents who
confiscate workers' passports/travel documents, switch
contracts or terms of employment without the worker's
consent, use physical or sexual abuse or the threat of such
abuse to keep workers in a state of service, or withhold
payment of salaries as a means to keep workers in a state of
service? Are the traffickers serving the time sentenced? If
not, why not? Please indicate whether the government can
provide this information, and if not, why not?
POST RESPONSE: GOM has participated in several
investigations in coordination with ICE during the reporting
period.
-- On July 16, 2007 agents from Mexico's Federal
Investigation Agency (AFI) arrested Ignacio Antonio Santoyo
Cervantes a.k.a. "Sony" pursuant to a federal arrest warrant
in connection to the Divas trafficking organization. He had
been indicted on May 30, 2007 on multiple charges, including
money laundering, facilitating prostitution and human
trafficking.
-- On July 14, 2007, Walter Alonso-Garza and Jose Luis Castro
were arrested for forced prostitution and human trafficking.
Eight women were rescued, four of whom were 17-years of age
and four others younger.
-- On August 7, 2007, Alfonso Perez Suarez and Jorge Luis
Fonte-Ruiz (Mexican nationals) were arrested in Tlaxcala,
Mexico on suspicion of trafficking three young girls from
Chiapas and holding them against their will in an apartment
in Tlaxcala. Two of the girls escaped and informed local
authorities.
Post will continue to update G/TIP on additional cases.
16. (SBU) QUESTION G: Does the government provide any
specialized training for government officials in how to
recognize, investigate, and prosecute instances of
trafficking? Specify whether NGOs, international
organizations, and/or the USG provide specialized training
for host government officials.
POST RESPONSE: National Migration Institute (INM) is in the
process of developing (with the support from civil society
organizations and inter-governmental agencies with experience
on trafficking in persons) specific procedures and accurate
guides to identify and provide attention to victims in four
areas: minors detected by INM; minors in custody from other
authorities; adults who present themselves voluntarily;
adults detected by migration officials.
Coordination of Control and Migration Verification at INM has
developed an annual program of supervision for all the
regional delegations for the purpose of verifying businesses
who hire foreigners.
Training
-- July 30-August 3, 2007 PGR in coordination with the U.S.
Embassy trained 13 public officials of the Central Sector of
INM and also Regional Delegations on interviewing victims and
witnesses of TIP and identifying false documents.
-- October 16-25, 2007, PGR in coordination with the U.S.
Embassy provided a training course for 150 public officials
from INM, including 15 representatives from Central American
Consulates on victim identification and how to deal with
psychological situations.
-- October 2007-present INM says that they have replicated
these courses in all of the federal entities, have increased
the number of people trained to 365 officials including
migration officials and 240 officials from other government
agencies.
MEXICO 00000721 008 OF 011
-- December 20-21, 2007- INM gave a course to migration
officials and Grupos Betas in Tapachula, Chiapas.
-- ICE/USAID and Proteja provided Global Trafficking in
Persons training to Chihuahua State and GOM officials in
Ciudad Juarez, Chihuahua and general investigative techniques
related to TIP investigations. 50 Chihuahua State government
officials were trained along with three prosecutors from PGR
in Ciudad Juarez.
-- June 4-6, 2007- ICE Attach? Mexico City organized a
24-hour technical training in electronic surveillance for
approximately 40 Mexican government officials, including
investigators and technical officers from SSP and CENAPI.
The course was designed to provide familiarization and
specialized user information for those officials assigned to
undercover and technical support operations.
-- July 30-August 3, 2007- ICE agents provided training to
Mexican federal officers to include: CENAPI, INM, PGR and AFI
agents, FEVIMTRA (formerly known as FEVIM), SSP and local
police officials (Ministerial Publicos) assigned to SIEDO.
This was the first G/TIP course assigned to federal law
enforcement in Mexico. The course covered victim
identification, victim/witness coordination, case
development, source development and interviewing techniques.
ICE agents also promoted a task force approach to trafficking
investigations.
-- NGOs and international organizations also provided
training to authorities during the reporting period.
Coalition Against Trafficking of Women and Children of Latin
America and the Caribbean (CATW) provided legal training to
police officials.
-- The International Organization for Migration (IOM)
provided training on detection and attention to victims
during the reporting period.
17. (SBU) QUESTION H: Does the government cooperate with
other governments in the investigation and prosecution of
trafficking cases? If possible, can post provide the number
of cooperative international investigations on trafficking
during the reporting period?
POST RESPONSE: The GOM cooperates with other governments in
the investigation and prosecution of trafficking cases.
Mexican law enforcement officials continue to work closely
with DHS-ICE on numerous trafficking investigations in Mexico
and the U.S., including cross border trafficking cases.
Mexico's collaboration with Central American governments:
-- On March 23, 2004 Mexico and Guatemala signed a Memorandum
of Understanding for the Protection of Women and Minor
victims of Trafficking and Smuggling of Persons on the
Mexico-Guatemala Border. This MOU created a commission
between both governments to address the issue. Members
include: SRE, PGR, INM and their counterparts in Guatemala.
On July 10, 2007, the group met to discuss an Action Plan for
2007-2008.
-- On May 17, 2005, Mexico and El Salvador signed a
Memorandum of Understanding for the Protection of Persons
Especially Women and Minor victims of illegal trafficking and
Smuggling between Mexico and El Salvador.
The GOM also continues to work with the Government of
Argentina on the DIVAS case which has links to Argentina.
The leader of the organization was arrested on July 16, 2007.
18. (SBU) QUESTION I: Does the government extradite persons
who are charged with trafficking in other countries? If so,
can post provide the number of traffickers extradited during
the reporting period? Does the government extradite its own
nationals charged with such offenses? If not, is the
government prohibited by law from extraditing its own
nationals? If so, what is the government doing to modify its
laws to permit the extradition of its own nationals?
POST RESPONSE: As reported in the 2007 TIP Report, in
January 2007, Mexican national Carreto Valencia received a
sentence of 25 years and six months in Mexico on
trafficking-related charges; the GOM subsequently extradited
her to the United States (January 19 2007) to face charges of
trafficking, among other crimes. Mexico became the first
MEXICO 00000721 009 OF 011
country to extradite a defendant in a trafficking case when
they extradited Consuelo Carreto Valencia. Post will
continue to update G/TIP of any other extraditions.
19. (SBU) QUESTION J: Is there evidence of government
involvement in or tolerance of trafficking, on a local or
institutional level? If so, please explain in detail.
POST RESPONSE: There have been allegations that some law
enforcement and migration officials- especially at the local
level have been involved in trafficking to the extent they
have been known to accept bribes to facilitate or ignore
alien smuggling or to allow brothels and child prostitution
to exist unmolested. On August 16, 2007, two INM officials,
Oscar Manuel Navarete Orozco and Maria America Maldonado
Alfaro were arrested and accused by PGR of leading an
organized criminal group that trafficked persons, including
undocumented workers.
20. (SBU) QUESTION K: If government officials are involved in
trafficking, what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What sentence(s)
was imposed? Please specify if officials received suspended
sentences, were given a fine, fired, or reassigned to another
position within the government as punishment. Please provide
specific numbers, if available. Please indicate the number
of convicted officials that received suspended sentences or
received only a fine as punishment.
POST RESPONSE: If government officials are involved in
trafficking, the GOM added penalties in the new federal law
to address officials involved in trafficking. Article 6 (a)
states: "The penalties set forth in paragraphs 1 and 2 of
this Article shall be increased by up to one-half when:
(a) The perpetrator avails himself of a public office that he
may hold or may have pretended to hold without actually being
a public servant. When the perpetrator is a public servant,
he shall be stripped of his public position, office, or
commission and be prohibited from performing any other for up
to a period of time equal to the term of imprisonment
imposed; the same penalty shall apply when the victim is a
person over 60 years of age or is an indigenous person."
(Please see question 19 on officials involved in 2007).
21. (SBU) QUESTION L: As part of the new requirements of the
2005 TVPRA, for countries that contribute troops to
international peacekeeping efforts, please indicate whether
the government vigorously investigated, prosecuted, convicted
and sentence nationals of the country deployed abroad as part
of a peacekeeping or other similar mission who engage in or
facilitate severe forms of trafficking or who exploit victims
of such trafficking.
POST RESPONSE: Non Applicable
22. (SBU) QUESTION M: If the country has an identified child
sex tourism problem (as source or destination), how many
foreign pedophiles has the government prosecuted or
deported/extradited to their country of origin? What are the
countries of origin for sex tourists? Do the country's child
sexual abuse laws have extraterritorial coverage (similar to
the U.S. PROTECT ACT)? If so, how many of the country's
nationals have been prosecuted and/or convicted under the
extraterritorial provision(s) for traveling to other
countries to engage in child sex tourism?
POST RESPONSE: Mexico is a country with an identified child
sex tourism problem. Mexico is a destination for sexual
tourists and pedophiles, particularly from the United States.
There are no specific laws against sex tourism, although
federal law criminalizes corruption of minors, which is
punishable by five to 10 years' imprisonment.
Two cases from INM:
INM reported a case in Jalisco where Daniel Bricio Villa was
arrested for having sexual intercourse with two minors in
exchange for money and gifts. Another case in Morelia,
authorities arrested Pablo Pedro Carlos Armand Paul, a
pedophile who would lure minors into a hotel room to have
sexual intercourse and also make pornography to publish and
sell it on the internet.
The names and details of ongoing investigations are not/not
for public disclosure. End note.
MEXICO 00000721 010 OF 011
This information was received from USG ICE attach? in Ciudad
Juarez.
-- On January 10, 2008, U.S. Citizen, John D. Armstrong gave
a guilty plea in a federal court on sex tourism charges.
Armstrong faces 110 months in prison for corruption of a
minor. At the time of the arrest, 51-year old Armstrong was
found nude with a 16-year old girl. Armstrong claimed to be
a German Citizen but after the investigation it was
determined that he is a U.S. Citizen and is a registered sex
offender in the state of Arizona.
-- On January 30, 2008, U.S. Citizen, James C. Shea was
sentenced by a Chihuahua Tribunal to nine years in prison for
two counts of rape of a minor. Maria Guadalupe Gonzalez
Hernandez was sentenced to 11 years in prison under the
Chihuahua State human Trafficking Law. Shea is a physician's
assistant practicing in El Paso, Texas was arrested on
February 25, 2007 by the Ciudad Juarez municipal police for
having sex with a 10 year old boy. The investigation
revealed that Shea used Gonzalez to lure school-aged boys to
have sex with Shea.
-- U.S. Citizen arrested in Mexico for performing oral sex
with minors: On March 15, 2007 -U.S. Citizen, Ismael Acevedo
Muniz was arrested for corruption of minors in Ciudad Juarez
after he was stopped by police with five minors from the ages
of 14-16 in the car. The investigation revealed that Muniz
would pay the minors to engage in oral sex. Muniz was later
released because the minors consented to the acts.
PROTECTION AND ASSISTANCE TO VICTIMS:
-------------------------------------
23. (SBU) QUESTION A: Does the government assist foreign
trafficking victims, for example, by providing temporary to
permanent residency status, or other relief from deportation?
If so, please explain.
POST RESPONSE: The GOM does provide assistance to foreign
trafficking victims. Law enforcement and migration officials
do encourage victims to cooperate with investigations;
however, victims rarely identify themselves as victims of
trafficking and often times migrants who are exploited
through their employers are afraid to tell authorities for
fear deportation.
Since 2005, the INM has identified 22 victims of trafficking
from Guatemala, Nicaragua, Argentina, Slovakia and Ecuador.
Of the 22, (81%) of the 22 were victims of sexual
exploitation and (19%) victims of labor exploitation. Five
of these were foreigners and were authorized humanitarian
visas in order for them to provide information to prosecute
traffickers and regularize their status within Mexico. The
remaining voluntarily returned to their countries with the
support from various consulates and international
organizations. Since the beginning of 2008, INM has
identified one trafficking victim from Ecuador.
24. (SBU) QUESTION B: Does the country have victim care
facilities which are accessible to trafficking victims? Do
foreign victims have the same access to care as domestic
trafficking victims? Does the country have specialized
facilities dedicated to helping victims of trafficking? If
so, can post provide the number of victims placed in these
care facilities during the reporting period? What is the
funding source of these facilities? Please estimate the
amount the government spent (in U.S. dollar equivalent) on
these specialized facilities dedicated to helping trafficking
victims during the reporting period. Does the government
provide trafficking victims with access to legal, medical and
psychological services? If so, please specify the kind of
assistance provided, and the number of victims assisted, if
available.
POST RESPONSE: Both the Mexican federal government and some
states have crime victim assistance programs. The programs
cover legal assistance and medical services and psychological
counseling. The DIF, for example, provides temporary shelter
and medical services to unaccompanied minors, with programs
on the northern border. These shelters may serve victims of
trafficking, but does not provide tailored services to
trafficking victims and has not established a referral
system. The DIF tries to locate parents or family members in
order to repatriate the children. The quality of the
programs varies.
In 2007, the INM authorized the issuance of nine humanitarian
MEXICO 00000721 011 OF 011
visas, granted to victims who are willing to assist in
prosecution cases. The visas are issued with a validity of
one year and are renewable.
The INM has a detention center in Tapachula, Chiapas and in
45 other places throughout the country in order to process
migrants. This facility provides separate accommodations for
men, women, children and families. Several trafficking
victims have been identified in the facility and passed to
NGOs or DIF-run shelters.
25. (SBU) QUESTION C: Does the government provide funding or
other forms of support to foreign or domestic NGOs and/or
international organizations for services to trafficking
victims? Please explain and provide any funding amounts in
U.S. dollar equivalent. If assistance provided is in-kind,
please specify exact assistance. Please explain if funding
for assistance comes from a federal budget or from regional
or local governments.
POST RESPONSE: The federal and state governments provide
funding and other forms of support to domestic NGOs for
services to victims; however, the level of funding and
support remains very limited.
26. (SBU) QUESTION D: Do the government's law enforcement,
immigration, and social services personnel have a formal
system of proactively identifying victims of trafficking
among high-risk persons with who they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? What is the number of victims identified during
the reporting period? Has the government developed and
implemented a referral process to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to institutions that provide short or long-term
care? How many victims were referred for assistance by law
enforcement authorities during the reporting period?
POST RESPONSE: Mexico's family welfare agency, Desarollo
Integral de la Familia (DIF) continues to operate shelters
for unaccompanied migrant children who are intercepted at the
northern border. Third Country Nationals (TCNs) intercepted
at the border are generally placed in a migration detention
station until they can be repatriated. NGOs such as Casa
Alianza offer shelter to street children, mainly adolescents,
who are often victims of sexual exploitation; and Casa de las
Mercedes offers shelter and training to former prostitutes
and their children. The INM has also referred several
trafficking victims to NGOs or state-run shelters for
assistance.
INM refers trafficking victims to IOM. During the reporting
period, IOM reported rescued and provided assistance to 38
trafficking victims.
Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /
GARZA