Life Realities of Mexico's Prison - Research Paper Example

Mexico’s Penal System: An In depth Look into the History, Conditions and Problems of Mexico’s Prisons Introduction Mexico’s prison facilities and living conditions have been the subject of much debate and controversy over the past decades. Most of the facilities of the existing prisons or detention centers have been checked by human rights activists and they have discovered the inhumane and degrading living conditions of inmates. Most of the prison facilities in the thirty-one states in Mexico are overcrowded, almost all providing little or no sanitation, with buildings on the brink of collapse (Aron, 1991). The prison wardens responsible for overseeing the operations and welfare of prisoners admit to budget restrictions from the government. Most prison facilities have no access to potable water, sanitation, adequate food or mattresses. Inmates share a cell that is supposed to hold only two people, but find that they are sharing it with six other inmates. The prison facilities for rehabilitation and livelihood are seldom used because administrators do not have the funds to buy the materials needed in order to run these programs (Aron, 1991). What is more disturbing is the evidence of torture among inmates and even prison guards. These incidents have been widely publicized and reported but so far no one has been convicted yet of such crimes. Mexico’ political system and appointment of officials have not changed since the 1920s. Most of the appointed officials to run facilities have been appointed due to political connections (Jordan, 2002). The following pages will give brief descriptions of how prison facilities provide little or no care for rehabilitating its inmates. One set back in this research is that it was not able to get an accurate account of the current population of inmates to date. The most recent data with regard to inmate population is that prisons are running at 125% of its capacity (Starke, 2006). The Mexican government also promises to alleviate the poor living conditions of inmates. But with poor government funding, these promises may still take time before changes can be seen and felt by the inmates of Mexican prisons and detention centers (Starke, 2006). A Brief History of Mexico’s Penal System Mexico was a Spanish Colony from 1519 to 1821. Spanish cultural influences can be seen in Mexico’s religion, culture, traditions and language. Spanish law governed all aspects of social and economic life in Mexico in these three hundred years. Because of the time that Spain has influenced and governed Mexico, Spanish influences can still be seen in its governing laws today"" (Vargas, 2008, para. 7). The first penal code was enacted in the state of Veracruz in 1835 and again on 1849. The Mexican Penal code used today is the Martinez de Castro code and was promulgated in 1929. This penal code has been amended since then (Vargas, 2008). Under the Mexican Constitution, any person detained by the police has to be committed by a judge to a detention facility within three days. Those charged with offenses of less than two years have to be tried in court within four months. For longer sentences, it can run up to a year. The constitution also states that women and men should be housed in separate facilities, including minors or children. Those who are sentenced also have to be housed separately from those whose cases and sentences are still being processed "" (Aron, 1991, p. 2). The Mexcian Constitution also proscribes all forms of abuse, be it mental or physical, and that anyone in authority found guilty of such abuse should be sanctioned "" (Aron, 1991, p. 2). When a league of Human Rights representatives visited Mexican prisons in 1991, they found little or no evidence that the provisions such as the ones stated in the Mexican constitution were applied to those in prison. The inmates that they have interviewed have been staying in detention cells for over a week without being committed by a judge. Those awaiting sentencing or trial have passed the four-month and one year period (Aron, 1991). Because of the overpopulation in prisons, it becomes a breeding ground for abuse and neglect. Bribery is still commonplace and accepted because the guards for these facilities are also underpaid government workers. Cells made to accommodate only five people house twenty inmates. Those who are poor and are from indigenous tribes suffer the most because they cannot afford to make bribes or pay for what they need like food and water (Starke, 2006). There is a prison facility situated in each of the thirty-one states in Mexico. Most of these prison facilities are antiquated, with buildings on the brink of collapse. In spite of these poor building conditions, these prisons are still filled beyond its’ maximum holding capacity (Starke, 2006). Mexico has a total of 457 prison centers. There are six federal prison centers with three of them considered as maximum security facilities. Then there are 370 state and 71 municipal jails. Most of these facilities are considered medium security jails or prisons. The estimated population of inmates as of 2005 was 201,931. The maximum holding capacity of these facilities is at 152,000. Only 58% of these inmates have been sentenced for their crimes, meaning the 42% of the inmate population are those waiting for sentencing or are on pretrial detentions (Starke, 2006, para. 9). These delays of prosecution are stemmed from maneuvers made by trial lawyers or the prosecution in the courts. When the commission of Human Rights visited Mexican prisons in 1990, they found that some inmates have been waiting for their sentencing for more than a year, beyond the set limits of the Mexican constitution which is only four months (Aron, 1991). Because of the poor justice system, the state prisons pay the price of trying to provide for the overpopulated inmates of Mexican prisons. The problem of women and men mixed in the same prison facilities are still seen today. The Mexican constitution states that there should be provisions for male and female inmates not to be housed together in prison facilities. But because prisons are filled to their maximum capacity, wardens have no choice but to house men and women together (Starke, 2006). The problem of coed existence among prison inmates was seen by Human Right advocates who visited Mexican prisons in 1990. This co-mingling even reported greater abuses of women being forced into prostitution by prison guards. The women inmates would be set up for what was called a “dentist appointment” and men who had the money to pay could choose from the women and the wardens would deliver these women to them by nightfall (McKinley,Jr., 2007, p. 3). Similar cases of bribing were reported in order to smuggle in food, medicines, and electronics such as television sets or even drugs. The wardens or police keeping watch would then demand payment for allowing these goods to be brought into the cells of these prisoners (Aron, 1991). Male Prison Facilities When you are incarcerated in any of Mexico’s jails, it is expected that you or your family will have to provide for your needs while in incarceration. In an advisory for US citizens who may be arrested in Mexico, it states that they have to arrange for blankets, mattresses, food and even pay “rent” for their cells"" ("A guide for", n.d., para. 19). The advisory also states that it can only provide assistance, but they have to abide in accordance to Mexican Law. It also states that they can provide vitamins and any medical help needed for serious medical cases ("A guide for", n.d.). Prison inmates rely on their visitors for food or money to buy supplies from any of the concessionaires housed within the prison facilities. This includes drinking water. Mexico has a problem with potable water even outside of the prison facilities. Because of the lack of water and sewage systems, sanitation is very poor in almost all Mexican prisons (Aron, 1991). Aside from the problem of massive overcrowding in Mexican prisons, there is the problem of lack of sanitation, infestation, and inadequate ventilation. There is a problem with rats and insect infestation in mattresses. The improper ventilation makes it hard for inmates during summer and winter months. There is also a risk of fire hazards with possible electrocution due to the exposed electrical wires near sinks and toilets (Aron, 1991). Inmates whose families are able to supply them with money are able to buy more nourishing food from the canteens within the prison facilities. The money is also used to bribe guards and fellow inmates in exchange for protection against fellow inmates and possible torture from prison guards (Aron, 1991). But people with money can afford to buy better living conditions within the prison walls. In La Mesa prison, a narcotic kingpin was able to buy their cells for $25,000. These cells are apartment blocks complete with comfortable bedrooms, kitchens, bathrooms and even patios. These living quarters are sold to the next inmate for the same price (Aron, 1991, p. 19). Those with little or no money are forced to work for these wealthy inmates by keeping house for them. In exchange for these services, they are allowed to sleep within the wealthy inmate’s quarters (Aron, 1991, p. 19). This type of rich man, poor man conditions are still evident in Mexican prisons today. When Arturo Guzman Loera was murdered inside one of the maximum prisons, the Mexican government acted out a search in the prison cells. The murder was evidence of how easy it is to bring in smuggled items for a price even in maximum prison facilities. The police were able to confiscate cell phones, food, some narcotics and clothing. New regulations were implemented but there is little evidence as to the adherence of the inmates and guards to these new regulations (Starke, 2006). In the male prison facilities, those who suffer the most are the indigenous tribes. These people are incarcerated on charges of narcotics dealing. These Huichol Indians grow narcotics for non-indian bosses and after the drug produce is harvested, these people are turned over to the local police. Since they are poor and cannot afford to pay or bribe guards, they suffer the most discrimination and abuse "" (Aron, 1991, p. 18). The same discrimination for these indigenous tribes who barely speak Spanish can be seen today. In 2005, a group of indigenous tribes were transferred to the state of Nayrit, far from their families and convenience. The reasons for their transfer were so that they could practice their (Huichol Indians) way of life and avoid the overcrowding in a Sierra Huichola prison. This move and behavior shows how little respect the poor and marginalized sector receive from Mexican prison guards and administrators. Being far from their families means that their needs for food, clothing, medicines and supplies will be cut (Starke, 2006). The money that prison inmates receive is also used in order to make sure that they do not have cellmates. The most affluent prison inmates are those of drug kingpins who can afford to buy their comfort. But for poor inmates, they have to live in squalid, cramped unsanitary cells. Sometimes they are housed in gang members’ cell where they fear for their safety. The wardens’ reason for this is so that the person can inform them of any activity these gang members are planning (Aron, 1991). Prison guards and administrators allow these bribings and the ruling of gang members within the prison walls because it creates less tension among inmates (Starke, 2006). There are workshops provided in the prison facilities but most are unused. The reason behind this is that the equipments are in need of repair or there are no funds to buy the materials needed. Some inmates purchase materials for crafts from the prisons’ concessionaires. This serves as their source of income while staying in Mexican prisons (Aron, 1991). If the conditions for prison inmates are in such a bad condition worse can be seen for those who are mentally ill or are in solitary confinement. The rooms for mentally ill patients are very unsanitary and there is little psychiatric care that the state can afford for these people. The solitary confinement cells have no ventilation or sanitation (Aron, 1991). Female Prison Facilities While male prisoners receive much family support while being incarcerated, the same cannot be said for the women who are in Mexico’s prisons. Some women are abandoned by family and friends because there is a “shame” culture associated with females being incarcerated. Their offenses range from drug trafficking to murder (Aron, 1991). Oftentimes these women have to live with their children in the same prison facilities because they have no relatives to care for their small children. And since these women do not have family support, they do not have the money to buy food or small comforts while in prison. This means that they and the children living with them have to subsist on the fare given by the state (Aron, 1991). These women also do not have the money to buy medicine for their children who get sick while staying with them inside the prison (McKinley,Jr., 2007). Some of these children are sent to foster care, while others stay with their mothers. There is the same problem of overcrowding for women’s correctional facilities, and because of this the women are mixed with males inmates (Aron, 1991). But not all prison facilities give up these children to orphanages. Some prison facilities for women allow them to keep their children until the child reaches age six. These children are given schooling and even trips outside of the prison facility. This is done in order to make both the child and mother ready when the time comes for them to separate (McKinley,Jr., 2007). Wardens or prison administrators also find that the riots or fights between female inmates are lessened because of the presence of children. When interviewed female inmates admit that having their child with them while serving time give them a sense of calm and normalcy. The children also inspire the inmates to learn new skills or remove drug habits (McKinley,Jr., 2007). The women who have prison records may find little hope of finding decent jobs once they have served their sentence and released from prison. And not all facilities support or have the funds to operate a child care center for the children of women prisoners (Aron, 1991). Female prisoners may find themselves victims of abuse by police or male inmates. Because of the overcrowding at prison facilities where men and women are locked up together, the women are often times raped, beaten or made prostitutes by prison guards and wardens (Aron, 1991). These women who are sexually molested find themselves at a loss when trying to convict the people who have assaulted them. In Mexico’s Santiaguito State Prison, twenty-six women were raped, tortured and intimidated by arresting police officers in 2007. The women could not charge their offenders because their faces were masked during the ordeal. This has made their case unresolved with charges dropped or decreased against the police who were involved in their case (Anzia, 2008). There is little rehabilitation or livelihood these women can do. The materials needed for these have to be bought by the inmates and the equipment that should have been used are either old or dilapidated (Aron, 1991). Juvenile Detention Centers The young criminal offenders of Mexico also suffer the same dehumanizing conditions and abuse seen in adult prisons. These state run facilities provide little rehabilitation for the children who are admitted to these facilities. Not all of the children staying in these rehabilitation centers are young criminal offenders. Some of them are orphans and street children turned over by parents to the state due to poverty (Jordan, 2002). Since little has changed with Mexico’s way of government since the 1920s, most government positions are given to people who have little or no qualifications for the job. Their only edge over people who have the training to handle facilities such as youth centers are that they are politically connected. Because of this political affinity those who have been charged with abuse cases are not prosecuted. One such case was for Maria del Rocio Martel Lopez in 2002, who in spite of testimonies of her abuse on children while she was serving as administrator for the Yucatan detention center was never prosecuted (Jordan, 2002). There have been reports made by the children who were staying in the Yucatan detention center that Martel personally insinuated the abuse. The children reported to the authorities that she would beat them until they bled. One case worker reported that an orphan who did nothing was subjected to solitary confinement and at the end of her ordeal came out looking drugged. Another teenage girl reported that Martel forced her to sleep with pigs when she first came to the detention center and that all she had to eat during those times was pig food. When she refused to eat the pig food, Martel allegedly shoved the pig food in her face (Jordan, 2002). In spite of these reports and allegations, Martel was never prosecuted. When authorities came to prosecute her, she resigned from her position as administrator of the Yucatan detention center. She even refused to answer these claims to any news reporter. Because of her strong political connections, she was able to leave Mexico before getting prosecuted for these child abuse cases (Jordan, 2002). Mexico’s constitution recognizes the rights of a child. It also states that children have a right to education, health, good nutrition and recreational needs. These rights are the same as for all children around the world "" (Guerra, 2007, para. 5). The juvenile justice system for youth offenders state that they should be treated humanely and fairly. The government programs for rehabilitation include counseling, education and vocational courses, warning and prohibitions to go to certain places, even admission to custodial homes (Guerra, 2007). Physical, mental and emotional abuse was seen and reported in many of the youth detention centers in Mexico. Cases of wardens kicking boys in the genitals and whipping them until they bled were not uncommon. One social worker even reported seeing four boys lashed on to trees with rope from the neck down. The evidence of urine and dirt on the boys’ clothes show that they have been tied for days. There have been reports also of children being put into solitary confinement even if they committed no misdemeanor while staying in the detention center (Jordan, 2002). The shelters put up for street children face similar troubles. Because the government has little funds to operate such shelters, some of these are illegally set up as fronts for prostitution rings or illegal adoptions. The Mexican government promises to make better detention centers and has replaced top officials, but middle and lower-rank officials have not been replaced. One of the problems the Mexican government is facing is that very few people want these jobs because of the low pay (Jordan, 2002). Another problem these youth face when they are of age and let out of the detention centers is the chance to have a normal life. Many employers do not hire them because of their years of stay in detention centers, even if they have no misdemeanor and they were placed there because their parents could not afford to provide for them (Jordan, 2002). Problems Surrounding Mexico’s Prisons Ever since it has been put into international public scrutiny, the Mexican government has promised to make changes in the way inmates are living in Mexican prisons. But because of the tight economic budget of its government, a lot of its proposed changes are not implemented (Jordan, 2002). The problem with bribery and torture is still commonplace in these facilities because the prison guards who run these prisons are underpaid. Also they lack the necessary skills and training. But the government cannot replace them just as easily because very few people are interested in being a prison guard where the pay is very low (Starke, 2006). The overpopulation can also be resolved when changes will be made in the existing penal system and judiciary systems. Almost half of those staying in Mexico’s prisons are awaiting trial and sentencing and the problems with Mexican prison gangs controlling prison facilities will still be prevalent as long as guards accept bribes or payments (Starke, 2006). The conditions of Mexican prisons are brought into international public scrutiny by the foreigners who get incarcerated and get to experience the inadequacies of Mexico’s penal system. If not for some of these accounts, there would be little information about the conditions of these prisons or their inmates. For Mexico and its government, such issues are shameful and need to be hidden from public view. They regard these offenders as people of no worth, especially the youth offenders. One Mexican legislator compared youth shelters as trash bins because of the poor funding that it receives (Jordan, 2002). Before the incident of an American inmate who died in a Mexican jail, Americans were housed together with other Mexican prisoners. The American, James Willis Abell, was beaten to death in a Mexican prison in La Loma Mexico on drug trafficking charges (Milloy, 2001). The family was not informed of his incarceration and in the prison where he was incarcerated; most of the basic necessities had to be provided by the family members of the prisoners. A former inmate reported that drugs, women and alcohol could be smuggled in as long as the prison guards were bribed (Milloy, 2001). Mr. Abell was beaten to death by four prisoners and a prison guard when he refused to sleep or stay put in the cramped jail cell he shared with sixty other inmates. He was pronounced dead when he brought to the hospital. It took his family six weeks to learn about his incarceration and the US consulate was not able to help him because Mr. Abell refused to sign a Privacy Act waiver that could have helped US attorneys work on his case. By the time the family was notified, Mr. Abell had already died in prison (Milloy, 2001). Most Americans who are in Mexico’s prisons are convicted of drug cases or gun smuggling. Because of this incident, the La Loma penitentiary housed Americans separately (Milloy, 2001). Just recently another American was put in Mexico’s jails even when no crime was committed. Edward Chrisman who is eighty-nine years old was incarcerated on charges of asking to take sexually explicit photographs of minors. Even though he was not in the store or was in close contact with the minors, he spent sixty-five days in a Mexican jail (Smith, 2009). He recounts that during their first nights he had to sleep on a metal bunk frame while his grandson slept on the floor with other Mexican inmates. The food was very poor and their family could do little to intervene. Both were subjected to Mexico’s judiciary where they were unsure of up to when they would be staying in the prison, or when they would have their day in court. When they asked prison guards, they answered that Chrisman and his grandson could stay for months in jail (Smith, 2009). Chrisman was arrested on January 8, a judge looked at his case on February 9 where the court ruled that his rights had been violated. But it still took a month before his release papers were forwarded by March 14. His case was opened as an emergency case but still it took time before he was freed. He remembers the dirt of the place where it was infested with rats and cockroaches. He could not eat the prison fare provided, and could only eat well when his family visited and brought him treats. Until he was transferred to a ward for the elderly where living conditions were better, he had to endure being locked in a cramped, damp room where he developed pneumonia. But after sixty-five days he was set free (Smith, 2009). Not all Americans share the similar fate. There is an American woman named Rebecca Roth who serves time in a Mexican prison for money laundering. She has been in prison since 2006 and has not received any help from the US government. The mastermind of the internet fraud Alyn Waage has made sworn statements that Rebecca Roth knew nothing of his internet scam business. Her only connection with Alyn Waage was when she paid for his bills and made travel arrangements in 2001. She laments of not having the money to pay the bribes in Mexico’s judiciary system so that she can be set free. The Canadian woman who was convicted with her in association with Alyn Waage has been released due to the many interventions of the Canadian government (Boule, 2008). Rebecca Roth has experienced the same injustice experienced by Mexicans where the judge issues a verdict even before a hearing is presented. The evidence presented is not taken into account and she still sits in jail, still hoping for a fair trial (Boule, 2008). Such dismal conditions are experienced by poor Mexicans who have no money to ask for a speedy trial. Worse is for those who have committed no crime, but their cases have not been looked at by judges. These are the people who suffer most while inside Mexico’s prisons (Aron, 1991). Conclusion While many human rights violations have been seen with regard to the living conditions of Mexican prisons, there are a lot of positive attributes seen in from the prisoners and their families. One among them is the strong family support seen among inmates. Family life is still evident and conjugal visits are allowed. This makes the transition easier when the person is released from prison. Prisoners are also allowed control over their daily lives when they are allowed to keep cooking utensil in their possession. This helps relieve tension and keeps the persons’ dignity intact. There are also programs that help prisoners in their transition from prison to community life. These programs help them find jobs. One program allowed inmates whose terms are about to be completed to find jobs outside of the prison facility. These inmates are returned at night to a separate dormitory that is fairly new and clean. The other post-release program monitors the progress of a former inmate within the first three months of release in his capability of finding a job, acceptance into the community and providing for the needs of his family. The history of corruption and violence in these prisons will not be alleviated as long as state penitentiaries are overcrowded. While human rights activist demand improve living conditions for these inmates, the government with its ailing budget needs to provide for the changes proposed. The reforms that are badly needed are in Mexico’s judicial system where the time frame for conviction and sentencing are not carried out. This adds to the already problematic issue of jail-space where plans of building new facilities are not in place at the moment. References Jordan, M. (2002, November 4). Mexicos children suffer in little jails, abuse is common at detention centers. CYC-net The International Child and Youth Care Network. Retrieved May 8, 2009, from http://www.cyc-net.org/features/ft-mexicojail.html Aron, Nan. (1991). Prison conditions in Mexico. United States of America: Human Rights Watch. McKinley,Jr., J. (2007, December 31). Mexico city: behind prison bars, toddlers serve time with mom. The New York Times. Retrieved May 8, 2009, from http://www.nytimes.com/2007/12/31/world/americas/31mexico.html?_r=1&ref=world&oref=slogin Anzia, L. (2008, September 9). Womens prison-a global state of crisis. Womens News Network. Retrieved May 9, 2009, from http://womennewsnetwork.net/2008/09/09/prisoncrisiswomen8005/ Vargas, J. (2008, February 27). Mexico and its legal system. Retrieved May 8, 2009, from http://www.llrx.com/mexicolegalsystem.htm Starke, S. (2006, May 2). COHAs report on Mexicos prison system: yet another blemished aspect of Foxs failed presidency. Political Affairs Magazine Retrieved May 9, 2009, from http://www.politicalaffairs.net/article/view/3337/1/165/ Guerra, G. (2007, August). Childrens rights: Mexico. Retrieved May 9, 2009, from http://www.loc.gov/law/help/child-rights/mexico.php A guide for US citizens arrested in Mexico. (n.d.). Retrieved may 9, 2009, from http://tijuana.usconsulate.gov/root/pdfs/telegalcriminalguide.pdf Milloy, R. (2001, January 27). Americans death puts focus on Mexican jails. New York Times, p. 12. Retrieved May 8, 2009, from http://www.nytimes.com/2001/01/07/us/american-s-death-puts-focus-on-mexican-jails.html?n=Top/Reference/Times%20Topics/People/M/Milloy,%20Ross%20E Smith, D. (2009, April 26). Arlintgon man home after mexican prison ordeal. The Daily Herald. Retrieved May 9, 2009, from http://www.heraldnet.com/article/20090426/NEWS01/704269850 Boule, M. (2008, October 12). An ordinary Oregonian in paradise falls into the deep hole they call the Mexican justice system. 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