PRESENTER GUY TERRILL GAMBILL SENIOR JUSTICE FELLOW 2010

PRESENTER: GUY TERRILL GAMBILL SENIOR JUSTICE FELLOW, 2010 -2012 Personal Background and Experience with the Federal Republic of Mexico: First came to Mexico in 1973 for one month, staying in Mexico City and Cuernavaca. Resided in Guadalajara, Jalisco from 198789, having visited for short periods in 1985 and 1986. Lived in the State of Quintana Roo 1996 -97, in Cancun, Playa del Carmen and Tulum. Visited a number of times prior to 2011 and moved back to Guadalajara early that year. My wife and I have three children and we have one house in the Bugambilias neighborhood of Guadalajara and a second home on Lake Chapala 50 miles out of the city in the small town of Jocotepec.

My Extended Family in Guadalajara My wife, Maria, and her sister Monica

JOCOTEPEC ON LAKE CHAPALA Residence at Roca Azul, Joctepec Ivanita, House in Guadalajara

GUADALAJARA AND LAKE CHAPALA AREA

NOTES ON THE MEXICAN JUSTICE SYSTEM • The Federal Republic of Mexico operates under a Continental (or “Civil”) legal system which is quite distinctive from the Common Law System we are accustomed to in the United States. Under Common Law, case law and statutory provisions form the basis for the legal system as opposed to legislative enactments and codification as under Continental legal systems such as that of Mexico. The fundamental basis for the Mexican civil legal system is the Corpus Juris Civilis, the Old Roman Law codified under the Emperor Justinian and later refined under the French Napoleanic Code of 1804. • For those familiar with the US legal system there are some striking differences. Under a Continental system the State is entrusted with the guardianship of civil rights---there is no precise corollary to our 6 th and 14 th Amendment protections of due process. Thus such legal practices as arraigo, being held for an indefinite period before being formally charged, seem very odd to Americans.

DEMOGRAPHICS, FEDERAL REPUBLIC OF MEXICO • The Population of Mexico 112. 3 million according to the 2010 US Census • Spanish is the primary language, spoken by 92. 7% of the population. • In addition to Spanish, there are 63 indigenous languages spoken in Mexico. • 5. 7% of the population speak Otomi, a Mayan Dialect, Nahuatl, Mixtec or Zapotec • The largest city is Mexico City (Distrito Federal) with nearly 18 million inhabitants. • Guadalajara and Monterey are the second and third largest cities with circa 5 million inhabitants each. • The overwhelming majority of the population is mesitzo, mixed indigenous and European ancestry. • The Federal Republic of Mexico is divided into 42 States.

POLITICAL MAP OF THE FEDERAL REPUBLIC OF MEXICO

MEXICAN-AMERICAN RELATIONS: PROFOUND ECONOMIC AND SOCIAL TIES • Mexico is the third largest trading partner of the United States, after China and Canada. U. S. goods and services trade with Mexico totaled $500 billion in 2011 (latest data available for goods and services trade). Exports totaled $224 billion; Imports totaled $277 billion. The U. S. goods and services trade deficit with Mexico was $53 billion in 2011. § There are over 1, 000, 099 US citizens living in the Federal Republic of Mexico making the expatriate community the largest in the world. § There an estimated 12, 000 undocumented Mexican citizens residing in the United States. As of July, 2011 there were over 33, 558, 000 people residing in the United States who were of full or partial Mexican heritage constituting over 10. 8% of the US population. § Over 1, 000 people cross the border between Mexico and the United States on a daily basis, making it the most heavily traveled border in the world. § Spanish is the second most spoken language in the United States and English is the second most spoken language in Mexico. The second largest Spanish-speaking city in the world, after Mexico City, is Los Angeles. § Over one third of the Continental United States once belonged to Mexico, ceded after the Mexican American War.

THE WAR ON DRUGS IN MEXICO 2006 -2012 La Guerra en Contra las Drogas en la Republica Mexicana

ADVENT OF THE PAN (PARTIDO ACCIÓN NACIONAL, ) AND THE PRESIDENCY OF FELIPE CALDERÓN 2006 -2012 • The Partido Revolucionario Institucional (PRI) had ruled Mexico In the wake of its Revolution and remained in power from 1929 until 2000 when the main opposition party, the Partido Acción Nacional (PAN), was able to win the Executive Office and ruling authority in Mexico’s Legislature for the first time in the history of the Republic. A third major political party, the Partido de la Revolución Democrática (PRD), led by Lopez Obrador, leveled allegations of electoral fraud, during the 2000 national elections which led the PAN to national power under the Presidency of Vincente Fox Quesada. Fox remained in office until 2006 when President Felipe Calderón won a second six year term for the PAN is considered the more conservative of the three major political parites in Mexico. It was under the Presidency of Calderon that Mexico greatly stepped up the fight against the Mexican drug cartels. In 2013, the PRI returned to power in Mexico after a twelve year absence under the leadership of President Enrique Peña Nieto.

FELIPE DE JESÚS CALDERÓN HINOJOSA

CALDERÓN, BIOGRAPHICAL INFORMATION • Felipe Calderón served as President of Mexico from December 1, 2006 to November 30, 2012. He was born in Morelia, Michoacan the youngest of five brothers. His father, Luis Calderón Vega, was co-founder of the Partido Acción Nacional From a very early age Felipe was involved with the PAN, distributing leaflets and organizing in his father’s respective campaigns. After growing up in Morelia, he attended University in Mexico City where he earned his law degree. He subsequently earned his Master’s Degree in Economics and in the year 2000 he earned a second Master’s in Public Administration from the Kennedy School of Government at Harvard. During the Administration of his predecessor, Vincente Fox, he had acted as Secretary of Energy. Prior to his appointment as Minister of Energy, he had served under the Fox Administration as Director of Banobras, a State-owned development bank. In 2004, he resigned his position as Secretary of Energy amid accusations that he entertained aspirations of his own after the Presidency, working against the active bid of fellow PAN party aspirant Creel His nomination, following three rounds of primaries, came as something of a surprise both within Mexico and abroad. Despite some apparent early advances such as the legalization of possessions of small amounts of cocaine, his policies on drugs soon took a much more aggressive turn.

TERRITORY OF THE CARTELS IN MEXICO

THE OAXACA CARTEL • The Oxaca cartel is one of the smaller cartels currently operating in Mexico. Early in his administration, Calderon responded to cartel violence in his native Michoacan and the neighboring state of Oaxaca by moving against Pedro Díaz Parada, leader of the cartel. Parada had first been arrested in 1985 and had been sentenced to 33 years in Federal prison and had subsequently escaped twice. Reportedly, the Oaxca cartel formalized an alliance with the far more powerful Tijuana cartel in 2003 and Parada, as the cartel’s lieutenant, became the lead representative in southeastern Mexico. In 2007, Federal agents again arrested Parada and he is currently serving a life sentence in prison. However, members of his family and other associates continue to operate interests at the behest of the Tijuana cartel. The arrest of Parada and the move of the Calderon administration against its interests and operation in the States of Michoacan and Oaxaca represented the advent, in earnest, of Federal interdiction efforts against one of the cartels. From that point forward Federal efforts increased exponentially. The Oaxaca cartels interests seemingly continue to be run by his brothers, Eugenio Jesús Díaz Parada and Domingo Aniceto Díaz Parada

THE TIJUANA AND SINALOA CARTELS • The Tijuana Cartel devolved out of the original Guadalajara Cartel, founded and run for a number of years by r. Miguel Ángel Félix Gallardodo. Having been arrested and incarcerated in 1989 Gallardodo had remained one of the major traffickers within the Federal Republic—this changed following his transfer to a maximum security facility during the 1990 s and his cartel split into two major branches; the Sinaloa cartel and the Tijuana cartel. The Sinaloa cartel was run by former lieutenants, Héctor Luis Palma Salazar and Joaquín Guzmán Loera, a. k. a. El Chapo. (El Chapo Guzman). The Tijuana cartel’s leadership fell to Gallardodo’s nephews. Arellano Félix brothers. “El Chapo” Guzman

TIJUANA AND SINALOA CARTELS (CONT’D) • Of the cartels controlling access to US markets along the border the Tijuana cartel has, over the course of the past decade, become the least powerful. In 2006, the cartel’s leader, Javier Arellano Félix, was arrested by the US Coast Guard off the coast of Baja California. In response to violence which began to spiral out of control as rival factions within the Tijuana cartel vied for power, President Calderon sent in elements of the Mexican Armed Forces to restore order in January-February of 2007. One of the key aims of this Federal, military intervention was to assist in the rooting out of corrupt police, military and other local officials. The factions within the cartel were led by Teodoro García Simental, on the one hand, and Luis Fernando Sánchez Arellano (a. k. a. El Ingeniero) on the other. Simental’s faction favored extortion and kidnapping while that of Arellano focused primarily on the trafficking of narcotics. In 2008 violence reached unprecdented levels, drawing even higher levels of military and federal police involvement. Simental was arrested in 2010. Arellano remains the de facto head of the cartel at this point in time, though it is widely believed that the Sinaloa cartel basically controls the Tijuana cartel, leaving Arellano in place largely as a figurehead. Violence has ebbed dramatically in Tijuana from 2010 forward.

Cartel violence In Tijuana, 20062008 As at the national level, the numbers of people killed in drug-related violence in the city of Tijuana between the years 2006 -2008 vary widely. Estimates run as high as 10, 000 per year during the period —the estimates depend, in part, on whether or not one looks at confirmed murders, solely, without taking into account the number of desparecidos (the disappeared, literally—those who are presumed to have been killed in related violence but whose deaths are not confirmed) and whether or not totals include civilian, military and police deaths together. By all accounts, Tijuana, during the period and like other border cities, was extremely violent.

THE BIGGEST CARTEL: THE GULF CARTEL & THE ZETAS

GULF CARTEL AND THE ZETAS • Of the three major cartels controlling ac cess to the US market (Tijuana. Sinaloa and Gulf cartels) the Gulf cartel had, for a number of years, been by far the most powerful. In 1999, the Gulf Cartel leader, Osiel Cardenas Guillen, contracted a group of over 30 highly trained and elite members of the Mexican Specail Forces---the units left the Mexican military and went rogue, taking all of their equipment with them. From 1999 until 2007 the Zetas did the bidding of the leadership of the Gulf cartel, making the Gulf cartel the most powerful of all Mexican drug cartels. However, following the arrest and extradition order from the US against Guillen in 2007, the Zetas decided to break ranks from the Gulf cartel and they set up a rival trafficking cartel. In 2010, the Zetas made their split with the Gulf cartel public and violence escalated to horrific levels as the Zetas and Gulf cartel fought one another for control of large sections of territory in northeastern and north central Mexico. Under the Calderon Administration most of the leadership within the upper echelons of the CDG (Cartel del Golfo) including; Osiel Cardenas Guillen, his brothers Antonio Cardenas Guillen, Mario Cardenas Guillen, and Jorge Eduardo Costilla Sanchez. Despite the considerable set-backs to the CDG both at the hands of the federal government and through their bloody inf-fighting with both the Zetas and, sporadically, the Sinaloa cartel, they still remain the most powerful cartel operating within the Federal Republic of Mexico.

MIGUEL ANGEL TREVINO MORALES, LEADER OF THE ZETAS, ARRESTED JUNE 15, 2013 NEAR NUEVO LAREDO

LA FAMILIA MICHOACANA • La familia Michoacana had been closely aligned with the Gulf cartel and the Zetas, but broke away during the course of 2006. Between 2006 -2011, La Familia was one of the major cartels operating in Mexico. Felipe Calderon launched a concerted campaign aimed at taking down La Familia in his native State of Michoacan. Federal police and units of the Mexican army moved aggressively into action during the first half of 2009 and the campaign continued with escalating brutality throughout the course of 2010. The US government supported the Federal Republic in their fight against the cartel in both the United States and within Mexico. Nearly 400 cartel members were arrested on both sides of the border during 2009 -2010. One of the cartel’s founders, Nazario "El Chayo" Moreno González, was killed by Federal forces during the latter part of 2010 and the organization fragmented into factions, most notably the Knights Templar (Sp. Caballeros Templarios) and a faction which continued to call itself La Familia Michoacana led by José de Jesús Méndez Vargas. The two factions fought among themselves but the arrest of Méndez Vargas in June of 2011 and continuing Federal advances against both factions have all but destroyed La Familia and its various branches prompting Calderon’s administration to proclaim the demise of the cartel as a functional entity.

Mixing Drugs and Politics: Narcoterrorism and political undertones Unlike Colombia (with FARC), Peru (during the heyday of operations by Sendero Luminoso) or the current state of affairs in Bolivia—where President, Evo Morales, arose directly out of the indigenist Cocalero movement--left-wing political collaborations between revolutionary groups and the cartels has not materialized. However, the impact of the cartels upon Mexican politics has been beyond doubt.

BELTRÁN LEYVA CARTEL • Beltrán Leyva Cartel: Founded by four brothers, Marcos Arturo, Carlos, Alfredo and Héctor Beltran Leyva. The cartel was engaged in production, smuggling and sales of marijuana, cocaine and heroin, as well as, in prostitution, human trafficking, kidnapping and extortion. During the course of 20032005, the BLC’s membershop aligned with the Sinaloa cartel and engaged in bloody turf wars against both the Gulf and Zeta cartels, resulting in the deaths of hundreds of people. The last uncontested leader of the BLC, Héctor Beltrán Leyva, remains currently at large with a bounty of 5, 000 USD on his head and he is actively being sought on multiple indictments by both the US and Mexican governments. The last major lieutenant operating under the BLC, García Montoya (known as “el compayito”) was arrested on August 11, 2011 and promptted the Mexican Atttorney General to proclaim that the BLC had ceased to exist as a organization of any import within the Federal Republic of Mexico. Montoya (also known as “la mano con ojos”) personally killed over 300 people and ordered the deaths of 500 more. He had served with the Mexican Marines and received training with the elite Kabiles in Guatemala.

ÓSCAR OSVALDO GARCÍA MONTOYA, “EL COMPAYITO”

THE JUAREZ CARTEL • The Juárez Cartel was founded in the 1970 s by boss Rafael Aguilar Guajardo and handed over, in 1993, to Amado Carrillo Fuentes subsequently died in 1997 and control of the organization devolved to his brother Vincente Carrillo Fuentes following a rather bloody spate of internecine rivalry. Under the leadership of Fuentes and his brothers, an alliance with neighboring cartels was formed and became known as, 'La Alianza Triángulo de Oro' (the Golden Triangle Allaince), due to its control of the key Mexican border States of Chihuahua, Sinaloa and Durango. The Alliance involved a tacit working relationship between the Sinaloa, Juarez and Beltran Levya cartels often erupting in brutal clashes with the Gulf Cartel and Zetas. The Juarez Cartel’s armed wing is known as La Línea which derived out of a street gang from Ciudad Juarez. They have also been known to use another street organization, Barrio Azteca, as enforcers. Their signature, over time, became decapitation, brutal torture and the public dumping of mutilated corpses to send a message to authorities or rival cartels. Following the death of Amado Fuentes the Juarez Cartel declined in influence, though they remain major players due to their control of the three points of ingress to the US vis-à-vis Ciudad Juarez and neighboring El Paso in Texas. In 2001, after El Chapo Guzman from the Sinaloa cartel escaped from prison, many members of the Juarez Cartel defected. The fight between the Sinaloa and Juarez cartels continues today and thousands of people have been killed in the

CIUDAD JUAREZ: OVER 10, 000 HOMICIDES IN 2004 ALONE

COST OF CALDERON’S WAR ON DRUGS 2006 -2012 • Official estimates of the number of people killed in drug-related violence in Mexico during the period 2006 -2012 range from 47, 000 -65, 000 (CRS report, Apr. 15, 2013). The total number of homicides during the Calderon Administration has been reported as being between 100, 000 and 125, 000. Official numbers on the disappeared (desapercidos) also vary widely, ranging from 10, 000 -25, 000, again depending on the sources referenced. • “In March 2012, the head of the U. S. Northern Command, General Charles Jacoby, testified to the Senate Armed Services Committee that Mexico had at that time succeeded in capturing or killing 22 out of 37 of the Mexican government’s most wanted drug traffickers. General Jacoby noted that their removal had not had “any appreciable positive effect” in reducing the violence, which continued to climb in 2011. ” (CRS, 2013) • Among those killed in drug-related violence may be counted over 3, 600 police and military personnel. • According to a report by the Cato Institute in 2012, the Calderon Administration spent over 60, 000, 000 USD during its six year fight against the cartels. • Greatly eroded public image in the eyes of the world community for the Federal Republic of Mexico.