"Grave violations of human rights, the wholly corrupting effect of which destroyed the constitutionally guaranteed presumption of innocence, thus entitling defendant to her immediate liberty" - an opinion of the Supreme Judicial Court in Republic of Mexico vs. Florence Cassez (Jan. 23, 2013)
*Updated Feb. 13 - Six arrested*
Guadalajara -
At least eight men continue to be detained as "material witnesses" in the attack on six Spanish women early Monday morning. They've been under questioning in the case throughout the week, although Guerrero state prosecutor Martha Elva Garzón emphasized Wednesday evening that they've not been charged with anything. Spanish tourists raped, robbed on Acapulco beach front.
Technically there may have been no arrests in the case, but it will look that way to many. Last night Mexico's reliable Milenio network broadcast a brief telephone interview with one of the detainees, Juan José Domínguez Sánchez. He said that he and the others have been transported from Acapulco to Mexico City, where they will be held for 30 days in the status of arraigados. Mexico's criminal justice system, although slowly being modernized, remains so far removed from that of the U.S., Canada and British Commonwealth nations that it's difficult to translate the term. Essentially an arraigado is a person suspected of a crime who has not yet been charged with anything, but who can be held for up to 40 days (with possible extensions). Arraigo is frequently a lead up to the filing of formal charges.
There is no equivalent in American criminal law, where suspects typically must be charged or freed within a maximum of 48 hours, and no extensions are available to the police. The idea of holding a material witness - a person who might have knowledge about a crime, but who is not accused of active participation - in custody for 30 or 40 days would be considered a gross afront to justice.
The pressure is on prosecutor Garzón, as it is on Acapulco mayor Luis Walton Aburto, both of whom promised the day after the attack that the case was about to be cracked. Each day results in more discomfort for them, domestically and from abroad. Yesterday a Mexican civil association reported that Acapulco is the second most dangerous city in the world, exceeded only by a deadly hamlet in the impoverished Honduras. The catastrophic economic consequences to already suffering Guerrero state, especially with the prime tourist season less than a month away, can scarcely be imagined.
It may not be possible for the powers that be to wait a month or more. They may feel compelled to charge the jailed detainees within hours or days, regardless of what evidence they have (or don't). Even president Peña Nieto said today, "We have to deal promptly with those who are responsible." That could spell disaster for justice, if in fact innocent men are now in custody in Mexico City.
Then there is this added wrinkle. Police believe the Spanish victims had purchased drugs from one or more of the men who attacked them. That's how the assailants knew exactly where to find them on the isolated beach.
In a country which is in month 74 of a brutal drug war, where 60 or 70 thousand people have died at the hands of traffickers and their enforcing agents, narcotics transactions of any type are severely frowned upon. No one would remotely consider filing charges against the women, of course, but defense attorneys could have a field day with the information at trial, suggesting that the events may have been nothing more than a drug party turned sour. Defenders get paid to make such arguments, to raise doubts which at first seem incredible but quickly become plausible, and sometimes it works.
In the Florence Cassez case Mexico just extricated itself from a raging fire which attracted worldwide attention - all of it negative. It may be about to jump into another in the case of six Spanish tourists. And the stakes are every bit as high.
Feb. 9 - In a sign of their growing desperation, and acting without judicially issued arrest warrants, police in Guerrero rounded up dozens of suspects in the rape case this week, most of whom were released today. Despite repeated statements by the mayor and state prosecutor that significant progress has been made in the investigation, it's obvious that authorities have little hard evidence.
Feb. 13 - Mexican prosecutors announce arrests in Acapulco rapes
Feb. 8 - Serial rapists may be responsible for Acapulco attacks - but do police have the right men?
Feb. 6 - Acapulco's tearful mayor begs Enrique Peña Nieto for federal help
"Independent studies confirm 17 organized crime groups are struggling for control of Guerrero" - CNN
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