Mexico: Kidnappings for ransom, including the types of kidnapping, protection available to victims, the effectiveness of anti-kidnapping measures, and the complicity of some police officers (2007 - April 2009)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 8 June 2009
Citation / Document Symbol MEX103154.FE
Cite as Canada: Immigration and Refugee Board of Canada, Mexico: Kidnappings for ransom, including the types of kidnapping, protection available to victims, the effectiveness of anti-kidnapping measures, and the complicity of some police officers (2007 - April 2009), 8 June 2009, MEX103154.FE, available at: https://www.refworld.org/docid/4b20f03023.html [accessed 17 September 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

An article in the daily Excelsior states that, according to the Office of the Attorney General of the Federal District (Procuraduría General de Justicia del Distrito Federal, PGJ-DF), 26 kidnappings were committed in the first five months of 2009, compared with 64 during the same period in 2008 (14 May 2009).

In a 5 April 2009 article, the daily Reforma, cited data from Mexico's Ministry of Public Security (Secretaría de Seguridad Pública, SSP) indicating that there were 1,028 kidnappings in 2008 – more than double the daily average for the previous six years (an average of 1.4 kidnappings a day from 2002 to 2007). In 2008, only the month of August, when a national security agreement was signed, saw a decrease in the number of kidnappings (Reforma 5 Apr. 2009). The National Agreement on Security, Justice and Legality (Acuerdo Nacional por la Seguridad, la Justicia y la Legalidad) is an agreement between the federal and state authorities, including the legal, legislative and executive branches, that aims to respond to security issues, including kidnapping (El Universal 22 Aug. 2008).

According to figures from the SSP, the state of Mexico had the highest number of kidnappings, with a total of 166 in 2008, followed by the Federal District with 151, Baja California with 102, Michoacán with 57, and Chihuahua with 56 (Reforma 5 Apr. 2009). However, a table from the Ministry of Public Safety in the Federal District shows that there were 216 kidnappings in that state, including 77 [translation] "express" kidnappings (Mexico 20 Feb. 2009). As of 2 December 2008, Campeche State appeared to be the only state with no kidnappings in 2008 (Vanguardia 2 Dec. 2008).

In 2007, the number of kidnappings increased to more than 430, which is a 35 percent increase over 2006 (BBC 12 Aug 2008).

According to Mexico's National Human Rights Commission (Comisión Nacional de los Derechos Humanos, CNDH), one in four kidnappings is reported; three in four are therefore considered to be the dark figure [unreported estimate] (la cifra negra) (Mexico 2008). Accordingly, 5,140 kidnappings were officially reported in Mexico from 2001 to 2008; estimates put the actual number at approximately 20,000 (ibid.). The Civic Institute of Studies on Insecurity (Instituto Ciudadano de Estudios sobre la Inseguridad, ICESI) estimates that eight in nine kidnappings are unreported (ICESI Aug. 2008).

Types of kidnappings

The type of kidnapping that the Office of the Public Prosecutor (Ministerio Público) generally keeps statistics on is traditional kidnapping, in which a person is kidnapped for money (ICESI Aug. 2008). Sources indicate that Mexicans from all social classes, including those in the middle and lower classes, are kidnapping targets (EFE 6 Apr. 2009; see also AP 21 Aug. 2008; US 13 Aug. 2008).

Express kidnapping, in which a person is kidnapped and taken to an automatic teller machine, occurs primarily at night, before midnight, so that two withdrawals may be made close together, thereby skirting daily withdrawal limits (ICESI Aug. 2008). However, the Office of the Public Prosecutor considers this type of kidnapping to be theft (ibid.).

In another common form of extortion, someone calls a potential victim, sometimes posing as a law enforcement officer, and demands payment for the release of a family member who has supposedly been arrested (US 13 Aug. 2008; see also ICESI Aug. 2008). The ICESI does not include this crime, called [translation] "virtual" kidnapping, in its analyses and data, instead considering it to be extortion (ibid.).

According to a lawyer with the Civic Council for Public Security and Criminal Justice (Consejo Ciudadano para la Seguridad Pública y la Justicia Penal), quoted in a Europa Press article, there has been [translation] "a qualitative change" with respect to kidnappings, that is, an increase in the number of victims mutilated, raped and executed after being kidnapped (Europa Press 8 Apr. 2009; see also AP 21 Aug. 2008). An Associated Press (AP) article of 21 August 2008 states that, according to the Office of the Attorney General of the Republic (Procuraduría General de la República, PGR), this situation is the result of competition among the various cartels that commit kidnappings and a range of other cimes. The perpetrators of the kidnappings are no longer interested in just a ransom – in some cases, they hope to acquire the victim's entire estate; this is especially true in the states of Tamaulipas, Coahuila and Chihuahua, where groups such as Los Zetas and La Linea are active (Europa Press 8 Apr. 2009). Moreover, the New York Times reports that the Popular Revolutionary Army (Ejército Popular Revolucionario), a Marxist guerrilla group, has committed at least 88 kidnappings since 1999, including at least 4 in 2007 (26 Sept. 2007).

In addition, an American kidnapping consultant was kidnapped on 10 December 2008 in Saltillo, in Coahuila State, and according to The Christian Science Monitor, this is a sign of the "growing sophistication and daring" of kidnappers in Mexico (17 Dec. 2008).

Protection available to victims and the effectiveness of anti-kidnapping measures

The Mexican Senate is reportedly studying an anti-kidnapping law that, among other things, calls for the creation of special anti-kidnapping units in each state and the implementation of an information-sharing system (Europa Press 8 Apr. 2009). According to the British Broadcasting Corporation (BBC), in August 2008, the Mexican authorities announced the implementation of an anti-kidnapping unit made up of 300 agents operating out of 5 centres that would be open 24 hours a day (12 Aug. 2008). Notimex reports that the federal authorities have provided specialized training to 50 police officers in the Federal District, and these officers will become members of a special anti-kidnapping unit (Fuerzas Antisecuestros, FAS) that is supposed to replace the Office for the Security of Persons and Institutions (Fiscalia para la Seguridad de las Personas e Instituciones) (31 Mar. 2009).

In March 2009, 200 days after the National Agreement on Security, Justice and Legality was adopted (in August 2008), a group of educational institutions, NGOs and citizens evaluated the agreement (March 2009). The resulting report indicates that in September 2008, the National Council of Public Security (Consejo Nacional de Seguridad Pública) adopted a strategy to combat kidnapping that calls for anti-kidnapping units to be implemented (ibid., 20). According to the information that this group obtained from the federal government, anti-kidnapping training has been developed, and 283 officers from 15 states have been trained and evaluated by the SSP (ibid., 21).

Additional information on the status or the effectiveness of the anti-kidnapping units could not be found among the sources consulted by the Research Directorate. However, statistics provided by the federal government in the evaluation report on the national agreement indicate that 202 alleged kidnappers were arrested between 21 August 2008 and 17 February 2009 (ibid.). During the same period, 26 criminal gangs were apparently dismantled and 82 kidnapping victims were released, while 11 cases were being investigated (ibid.).

According to the SSP, between December 2006 and 28 April 2009, 449 kidnapping victims were released, 564 alleged kidnappers were arrested, and 77 gangs were shut down (Mexico 30 Apr. 2009). According to the daily Vanguardia, between August and December 2008, 188 victims were released and 53 kidnapping gangs were dismantled (2 Dec. 2008). From January to early December 2008, 795 kidnappers were arrested, including 272 from September to November (ibid.).

An article in Reforma indicates that, according to the Civic Council for Public Security and Criminal Justice, at least 69 kidnappings ended in the victim's death in 2008 (5 Apr. 2009).

The PGR offers psychological assistance to victims and their families (ibid.). According to the ICESI, citizens frequently react to this crime, and there are groups and NGOs, including in Sinaloa State, that denounce the kidnappings; however, the ICESI did not provide any specific examples (ICESI Aug. 2008).

The organization United Mexico (Mexico Unido) suggests that an increase in complaints is a step in the right direction; but ICESI, another civil society organization, believes that the increase in the number of reported kidnappings highlights the authorities' lack of success in combating this crime (Europa Press 8 Apr. 2009).

The CNDH does not specifically describe the effectiveness of law enforcement authorities in combating kidnappings, but it does indicate in a second special report on the right to public security that an array of problems prevent police forces from carrying out their duties, and that because of corruption, infiltration by criminals and a lack of training, crimes go unpunished and the police do not inspire confidence (Mexico 2008).

Following the high-profile case of a 14-year-old boy who was kidnapped and murdered, calls were made for harsher sentences for kidnappers; in particular, President Calderón recommended life in prison in cases where the victim is injured or dies (Los Angeles Times 8 Aug. 2008; see also AP 21 Aug. 2008). In this case, two of the three people initially arrested were police officers in Mexico City (ibid.).

Complicity of police officers

According to a lawyer with the Civic Council for Public Security and Criminal Justice, the increase in the number of kidnappings is due to corruption, impunity and collusion between criminal gangs and members of the security forces (Europa Press 8 Apr. 2009).

The authorities acknowledge this problem, but according to the AP, "the Attorney General's office blames a growing web of drug cartels, cops, former cops and informants who point out potentially lucrative victims," and Mexico City's police chief admitted that corruption was widespread in his organization (AP 21 Aug. 2008).

In October 2008, Mexico's government announced that 35 agents and senior officials from SIEDO (Subprocuraduria de Investigacion Especializada en Delincuencia Organizada), the agency responsible for investigating drug trafficking, smuggling, kidnappings and terrorism, had been arrested or fired (Los Angeles Times 28 Oct. 2008). They apparently received monthly payments from a cartel in Sinaloa in exchange for information (ibid.).

According to the AP, in 2007, the governor of Nuevo León State said that "as many as 500 of the state's 8,000 police officers have been arrested for taking bribes from traffickers or left the force when faced with mandatory drug tests" (AP 17 Sept. 2007).

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

Associated Press (AP). 21 August 2008. Mark Stevenson. "Mexico Outraged Over Corrupt Police, Kidnappings." (USA Today) [Accessed 12 May 2009]
_____. 17 September 2007. "Mexican Drug Gang Attacks Government Intelligence Network." (The Star Online) [Accessed 1 June 2009]

British Broadcasting Corporation (BBC). 12 August 2008. "Mexico Launches Anti?kidnap Squad." [Accessed 15 May 2009]

The Christian Science Monitor. 17 December 2008. Sara Miller Llana. "Kidnapping of US Antikidnapping Consultant Rattles Mexico." [Accessed 15 May 2009]

EFE News. 6 April 2009. "Mexico Experienced an Average of 3 Kidnappings per day in 2008." (Factiva).

Europa Press. 8 April 2009. "México: Tres Personas al Día son Secuestradas en México, Según el Gobierno." (Factiva)

Evaluación del Acuerdo Nacional por la Seguridad, la Justicia y la Legalidad. Mars 2009. Seguimiento : Acuerdo Nacional por la Seguridad, la Justicia y la Legalidad – 200 Días. [Accessed 13 May 2009]

Excelsior [Mexico]. 14 May 2009. Filiberto Cruz. "Informa PGJDF Baja de Secuestros en 2009." [Accessed 15 May 2009]

Instituto Ciudadano de Estudios sobre la Inseguridad (ICESI). August 2008. "Secuestros en México; Tipos y Cifras en México." [Accessed 12 May 2009]

Los Angeles Times. 28 October 2008. Tracy Wilkinson. "Mexico Acknowledges Drug Gang Infiltration of Police." [Accessed 13 May 2009]
_____. 8 August 2008. Ken Ellingwood. "Mexico President Wants Tougher Punishments for Kidnappers." [Accessed 13 May 2009]

Mexico. 30 April 2009. Secretaría de Seguridad Pública (SSP). "Detiene la Policía Federal en Oaxaca a Cuatro Presuntos Integrantes de la Banda de Secuestradores Denominada 'Los Cachorros'." (Presidencia) [Accessed 1 May 2009]
_____. 20 February 2009. Distrito Federal. "Incidencia Delito Secuestro Enero-Diciembre 2008." (Consejo Ciudadano para la Seguridad Pública y la Justicia Penal) [Accessed 12 May 2009]
_____. 2008. Comisión Nacional de los Derechos Humanos (CNDH). Segundo Informe Especial de la Comisión Nacional de los Derechos Humanos sobre el Ejercicio Efectivo del Derecho Fundamental a la Seguridad Pública en Nuestro País. [Accessed 13 May 2009]

The New York Times. 26 September 2007. James C. McKinley Jr. and Antonio Betancourt. "With Bombings, Mexican Rebels Escalate their Fight." [Accessed 26 Sept. 2007]

Notimex [Mexico]. 31 March 2009. "Nueva Fuerza Antisecuestro en el DF." (Terra) [Accessed 15 May 2009]

Reforma. 5 April 2009. Benito Jiménez and Verónica Sánchez. "Aumentan Secuestros." (Factiva)

El Universal [Mexico]. 22 August 2008. "Acuerdo Nacional por la Seguridad, la Justicia y la Legalidad." [Accessed 12 May 2009]

United States (US). 13 August 2008. Department of State. Mexico: Country Specific Information. [Accessed 15 May 2009]

Vanguardia [Tijuana]. 2 December 2008. "El Secuestro y el Acuerdo Nacional por la Seguridad." [Accessed 12 Jan. 2009]

Additional Sources Consulted

Internet sites, including: Instituto Nacional de Ciencias Penales (INACIPE), México Unido Contra la Delincuencia (MUCD), Procuraduría General de Justicia del Distrito Federal, Washington Office on Latin America (WOLA).

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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