Background on Bárbara Italia Méndez's case

Bárbara Italia Méndez was a 27-year old student and volunteer working for street children when she was detained on 4 May 2006 by members of the Mexican Federal Preventive Police in San Salvador Atenco, Mexico State. She had gone there to show support for the community after violence between the police and protestors resulted in the death of a child. Police officers broke into the house where she was seeking refuge and arrested her without explanation. The officers pulled her hair, beat her, and forced her into a state police vehicle with her shirt pulled over her head. She was made to lie on top of other detainees, and during the journey to the prison police officers sexually assaulted her, raping her repeatedly.

Once at the “Santiaguito” prison near Toluca in Mexico State, the prison doctors who gave her a check-up failed to document all her physical injuries or to gather evidence of the sexual abuse she had suffered. Bárbara Italia was held in prison for 12 days before being released on bail. Like many others, she is still facing criminal charges. Security forces arrested a total of 47 women during the protests in San Salvador Atenco, and 26 of these women made complaints to the authorities that they were subject to physical, psychological, and sexual abuse at the hands of the police, in particular when they were being transferred by bus to prison. None of the officials responsible have been prosecuted, and more than 2 years later, they are still waiting for justice.

US assistance to Mexico must incorporate assurances for certifying concrete improvements in the protection of human rights in Mexico. The Mexican military has been implicated in serious human rights violations during policing operations to combat drug trafficking. According to Mexico’s Constitution, civilian authorities shall deal with crimes or violations involving a civilian, yet such cases remain within military jurisdiction. The military justice system has ensured almost total impunity for officials implicated in abuses. The use of torture in Mexico is widespread and a suspect is most at risk of torture while in preventive detention when being interrogated by investigative police under the supervision of public prosecutors. In 2004, some 88,000 suspects, almost half of the Mexican prison population, were in pre-trial detention. Mexico is in the process of approving constitutional reforms to the criminal justice system. Some reforms like adversarial oral trials and the presumption of innocence may improve due process and restrict reliance on coerced confessions. However, some reforms like the elevation of the practice of preventive detention to the Constitution and extending the terms of preventive detention in cases of suspected “organized crime” are in violation of international human rights law.