🧵 on exs of enforced disappearances of folks pushed back to MX under #Title42 & #RemainInMexico. I did 2 threads last week. First was on why US lawyers must improve evidence gathering so that it can be useful in US & Mexican courts. See:
The second thread was about the concept of enforced disappearance and its status in Mexican law. It’s important to know the difference between kidnapping and enforced disappearance. Here’s that thread:
Let’s dive into the actual evidence of enforced disappearances of victims & survivors of #Title42 & #RemainInMexico. All of the following examples are labeled as kidnappings, but I believe they may actually be enforced disappearances.
Page 8, line 3 of this report describes asylum seekers abducted by MX law enforcement in tandem with cartel members. web.archive.org/web/2022082619…
Page 18, line 5 suggests a likely enforced disappearance in which law enforcement abducted asylum seekers; fates of the fellow captives remain unknown. web.archive.org/web/2022082619…
Page 25, line 3 describes asylum seekers abducted by individuals in MX law enforcement uniforms and held captive with other asylum seekers. web.archive.org/web/2022082619…
Page 26, line 6 describes another migrant abduction operation between MX law enforcement and non-state actors. web.archive.org/web/2022082619…
This New Yorker article gives a horrific account of women pushed back to MX under #RemainInMexico and were trafficked by a combination of state and non-state actors: newyorker.com/news/dispatch/… .
This article describes “kidnapped” migrants who are taken to a stash house operated by a criminal group after federal MX law enforcement stop them and order them off buses at checkpoints. buzzfeednews.com/article/adolfo…
Page 38, row 5 of this report describes an operation in which MX immigration agents facilitate the abduction of asylum seekers returned under #RemainInMexico by cartel members. web.archive.org/web/2022082619…
Page 54, row 7 describes asylum seekers abducted by MX law enforcement and handed over to cartel members. web.archive.org/web/2022082619…
Page 70, row 1 describes an asylum seeker who was abducted and forced into prostitution, only to later discover that one of the police officers from whom she had sought help was part of the scheme. web.archive.org/web/2022082619…
Page 88, row 7 describes an asylum seeker on the way to her #RemainInMexico hearing when MX law enforcement ordered off of a bus and took her to a stash house until a ransom was paid. web.archive.org/web/2022082619…
Some victims of #RemainInMexico do not survive to tell the story of their enforced disappearance. This horrific description of an enforced disappearance that has been mislabeled as a kidnapping is one such case: nbcnews.com/news/latino/mi…
Page 3, row 5 of this report describes an asylum seeking family sent back to MX under #Title42 who was abducted by law enforcement and sold to a cartel. humanrightsfirst.org/wp-content/upl…
This Breitbart article describes the scheme of MX immigration officials handing asylum seekers over to cartels as a “kidnapping” operation rather than a system of enforced disappearance. breitbart.com/border/2021/04…
Page 23, row 2 describes a family of asylum seekers who MX law enforcement handed over to non-state abductors. In captivity, the family was beaten and sexually abused. humanrightsfirst.org/wp-content/upl…
This article from La Prensa describes migrants who were abducted by MX law enforcement and sold to a cartel: laprensani.com/2021/11/21/sup…
Page 27, row 9 details the experience of a woman and her children who were ordered off of a bus and individuals whom she believes to have been MX law enforcement handed them over to a cartel: humanrightsfirst.org/wp-content/upl…
This news article describes a horrific situation for a woman and her minor daughter who were kidnapped multiple times and transported between stash houses by law enforcement: piedepagina.mx/mama-por-que-n…
Page 35, row 10 describes an asylum seeker who was abducted by state police in Mexico and handed over to an organized crime group: humanrightsfirst.org/wp-content/upl…
Page 36, line 6 describes the experience of a couple and their two minor children who were handed over to a cartel where they were held hostage for 3 months, suffering torture and saw others killed. humanrightsfirst.org/wp-content/upl…
In this article, survivors report that after passing a migration checkpoint, 2 stop signs later, individuals had set up a stop to abduct migrants. This raises questions re potential cooperation b/w MX immigration officials & non-state criminal actors: diario.mx/juarez/narran-…
Page 38, row 1 describes a woman and other migrants whom MX law enforcement handed over to non-state abductors: humanrightsfirst.org/wp-content/upl…
Another Human Rights First report notes that MX police handed a woman and her 4-year-old over to a cartel after she was unable to seek protection in the US due to #Title42 (see pp 11-12): humanrightsfirst.org/wp-content/upl…
I believe that these are not mere kidnappings but rather enforced disappearances under MX, Inter-American, & international treaty law. Calling these enforced disappearances and engaging with treaty monitoring and int'l human rights bodies on this issue matters.
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Okay, maybe you’ve seen me posting about why US lawyers at the southern border should be collecting evidence that MX lawyers can use to challenge the gov of MX (GOM) facilitation of US border policies in MX courts. Here’s my best attempt at a thread explaining why.
First, US courts aren’t saving us. This isn’t surprising, and I’m not suggesting that we abandon litigation in the US. Just acknowledge that US court litigation isn't a panacea.
Meanwhile, advocates in MX have challenged GOM’s facilitation of US border policies in MX, and they’ve had some real success. For example: imumi.org/2022/11/24/org…
1st human rights violation in this report is an enforced disappearance mislabeled as a kidnapping: “MX officers kidnapped a Guatemalan fam w 2 young children after DHS expelled them … & turned them over to a cartel that held them hostage …” humanrightsfirst.org/wp-content/upl…
Another: MX imm officers kidnapped & turned over to the Zetas a Guatemalan fam w 2 young children after DHS expelled them…The cartel held the fam hostage for 3 mo, tortured them…told KBI that the fam watched as their captors killed other migrants who attempted to escape.
Using correct legal term is important. MX signed multiple treaties and created statute on enforced disapp, and was held accountable at Inter-American court for enforced disapp that resulted in equal protection of human rights enumerated in treaties & those in constitution.