Mexico’s highest court ruled Nov. 15 that the recently enacted "military policing" law is unconstitutional. Mexico passed the controversial Internal Security Law in December 2017, establishing a legal framework for employing the national army and navy in place of civilian police forces in order to combat increasing violence in the country. Legislators argued that many of the local police forces had become corrupted by drug cartels and that drastic measures were required. The bill drew widespread criticism from a wide variety of sources, including human rights groups and the UN.
The dark days of state collaboration with Colombia's murderous paramilitary groups were recalled with the arrest in New York last month of Javier Valle Anaya, former sub-director of Bogotá's Administrative Security Department (DAS), a now-disbanded intelligence agency that was found to be feeding information to the paras. Valle Anaya was detained on an immigration violation, and may face extradition back to Colombia, where he is wanted in connection with the 2004 assassination of human rights activist Alfredo Correa De Andreis in Barranquilla. (El Tiempo, Oct. 12) Ironically, the arrest comes just as a new scandal has emerged concerning an illegal network of chuzadas—Colombian slang for eavesdroppers. Retired National Police general Humberto Guatibonza was arrested in Bogotá Oct. 24, charged with running a chuzada ring that spied on labor activists—particularly members of the airline workers union, ACDAC. He has been placed under house arrest while the case is being investigated. (Caracol Radio, Oct. 31; W Radio, RCN Radio, Oct. 24)
Colombia's new right-wing President Iván Duque has not returned to the dialogue table with the ELN guerillas, insisting they first liberate all hostages. The guerillas have released several captives over the past weeks, but nine are still believed to be held—mostly noncombatants. One of these released was only 16 years old. Interpol has issued a "red notice" for members of the ELN Central Command, incluiding top commander Nicolás Rodríguez AKA "Gabino." (EFE, Nov. 6; El Espectador, Nov. 3; PanAm Post, Nov. 2; Semana, Sept. 20) Rumaldo Antonio Barrientos Taborda AKA "Gurre," a top ELN regional commander, was reported killed in an operation by the army's elite Héroes de Tarazá unit in the Bajo Cauca region of Antioquia department Nov. 1. (El Espectador, Nov. 1)
Mexican federal police and the military have taken over policing duties in Acapulco, after the entire municipal force was disarmed Sept. 25 due to suspected co-optation by criminal gangs. The city’s police chief, Max Sedano Román, and five of his commanders were detained by Mexican naval troops. Two of the commanders were arrested "for their probable responsibility in the crime of homicide." Their weapons and other equipment of the city police force have bee seized by Guerrero state authorities. The Guerrero government said it took the step "because of suspicion that the force had probably been infiltrated by criminal groups" and "the complete inaction of the municipal police in fighting the crime wave." Acapulco had a homicide rate of 103 per 100,000 inhabitants last year, one of the highest rates in Mexico and the world. The Washington Post last year described the resort city as Mexico’s murder capital.
Several Philippine families filed a complaint (PDF) with the International Criminal Court (ICC) Aug. 28, accusing President Rodrigo Duterte of murder during his "war on drugs." The complaint charges Duterte with "crimes against humanity," including extrajudicial killings. This is the second complaint against Duterte filed with the ICC; the first was filed in April 2017. The ICC began preliminary examination in the case in February. Duterte announced the Philippines' withdrawal from the ICC in March. In a 15-page letter to the media, Duterte declared that the Philippines will immediately withdraw its ratification of the Rome Statute, which established the ICC and was ratified by the Philippines in late 2011. Under the statute, a member can withdraw no sooner than one year following written notification to the UN Secretary-General. However, Duterte claimed that the agreement was immediately voidable because it was signed fraudulently.
Colombia's newly-elected right-wing President Iván Duque took office on Aug. 7, pledging to unite the country. As he was sworn in, thousands marched in Bogotá to demand that Duque respect the peace pact with the FARC, and address the ongoing assassination of social leaders—now thought to number some 400 since the peace deal was signed in November 2016. (BBC News, TeleSur, Aug. 8) Exemplifying the depth of the crisis facing Duque, on July 30, a group of 10 armed men opened fire in broad daylight at a pool hall in the town of El Tarra, in Norte de Santander department near the Colombia-Venezuela border. Among the eight slain were at least two demobilized FARC fighters and a local community leader. (InSIght Crime, Aug. 2) Demobilized guerillas have been repeatedly targeted for attack since the FARC laid down arms. Before leaving office, outgoing president Juan Manuel Santos promised to bring those responsible for the massacre to justice. (El Espectador, Aug. 1)
In addition to stationing troops on the disputed islands it claims in the South China Sea, Beijing is rapidly expanding its network of commercial ports across the Indian Ocean. This comes as China is sending warships into the Ocean with growing frequency, leading to fears that the commercial ports could presage military bases, The latest addition is the port of Hambantota in Sri Lanka, acquired in a debt swap deal—the Colombo government was forgiven $1 billion in debt to Beijing in exchange for the Hambantota facility. The agreement explicitly bars China's military use of the port, but critics note that Sri Lanka remains heavily indebted to China, and could be pressured to allow it. The pact also comes as the People's Liberation Army is providing training to Sri Lanka's military. Beijing also donated a frigate to Sri Lanka's navy after the pact was announced. China is simultaenously loaning political support to the Sri Lanka government in its defiance of international pressure for a war crimes investigation over its internal conflict with Tamil rebels.
The UN Office of the High Commissioner for Human Rights expressed concern for a law approved in Nicaragua July 16, ostensibly aimed at money-laundering, arms-trafficking and terrorism. The statement warned that the definition of "terrorism" under the law is dangerously "vague," and that it could be used to suppress opposition. Speaking in Geneva, OHCHR representative Rupert Colville said the law was passed by a National Assembly "almost completely controlled" by the ruling Sandinista party. The law defines as "terrorism" any damage to public or private property, or the killing or injury of anyone not directly participating in a "situation of armed conflict," punishable by up to 20 years in prison. Additionally, anyone found guilty of directly or indirectly financing or aiding so-called "terrorist operations" can also face up to 20 years in prison. The law was introduced in April, just as Nicaragua's political crisis was breaking out. On July 5, High Commissioner for Human Rights Zeid Ra’ad Al Hussein stated that the "violence and repression seen in Nicaragua since the protests began in April are the product of a systematic erosion of human rights over the past years..." (InSight Crime, July 25; Noticiias ONU, July 17; OHCHR, July 5)