Case Against Mexico Police Disappoints U.S. Officials

U.S. officials Wednesday publicly welcomed the Mexico attorney general’s decision to press criminal charges against 11 Jalisco state police officers for allegedly beating a U.S. drug agent while privately insisting that the charges did not go far enough.

The officials here and in Washington continued to assert that the Jalisco police systematically tortured Victor Cortez Jr., a U.S. Drug Enforcement Administration agent who worked in Guadalajara, and ought to be prosecuted on that count.

They said the police not only beat Cortez when they took him into custody Aug. 13 but used electric shock on him and forced water up his nose. The Jalisco police intended to extract information about DEA operations in Guadalajara, a known haven for drug traffickers, by torturing Cortez, the officials added.

In contrast, a diplomatic note from the Mexican Foreign Ministry published Wednesday made light of the abuse and called the damage to Cortez “simple bruises.” The Foreign Ministry echoed a report issued Tuesday by the Mexican attorney general’s office that said the 11 policemen were charged only with abuse of authority and inflicting bodily injury. Torture was not mentioned.

U.S. officials are concerned that the softer language may indicate that, if convicted, the accused policemen may receive light sentences. The charge of causing bodily injury carries a four-month jail sentence; abuse of authority, between six months and six years.

The opposing views of what happened to Cortez while he was in the custody of the Jalisco police suggest that controversy will linger and continue to cause tensions between the United States and Mexico, which are already at odds over drug traffic across their border. The Mexican Foreign Ministry note, while admitting some police abuse of Cortez, suggested that DEA activities may be curtailed in Mexico.

On Wednesday, Morris Busby, the charge d’affaires at the U.S. Embassy here, called the charges against the Jalisco police a “positive development.”

“The embassy and the U.S. government are ready to cooperate in any way we can with this case,” Busby said. “We want to assist the Mexican government in moving expeditiously to bring to justice those responsible for the brutal torture of agent Cortez.”

Backhanded Slap

Observers here considered the pointed use of the word torture a backhanded slap at the Mexican announcement.

In addition, while the Mexican attorney general’s report on the incident said only that Cortez suffered bruises on his abdomen and shoulder, U.S. sources here and law enforcement officials in Washington contended that he also exhibited marks on his legs that were produced by electric shocks.

Originally, U.S. sources reported that Cortez was tormented with a cattle prod. However, on Wednesday, a law enforcement official in Washington said the Jalisco police officers wrapped wires around Cortez’s thighs and calves to conduct the electricity and then threw water on his legs to increase the shock.

They said that, because he was blindfolded at the time, Cortez did not know exactly how the shocks were administered.

Well-Known Torture Technique

In addition, U.S. sources said, the Jalisco police forced water up Cortez’s nose. This torture technique is well-known enough here to have gained a nickname-- tehuacanazo, after Tehuacan, a Mexican town famous for mineral springs. The suffocating effect of a tehuacanazo has been decribed as resembling a volcano erupting behind one’s eyes.

Finally, the beating of Cortez was described by one law enforcement official as sufficiently brutal to knock him off his feet.

“We continue to regard this as torture,” said a U.S. source. “We don’t want a slap on the wrist” administered to the Jalisco officers, all of whom are now in custody awaiting trial.

Held Several Hours

Cortez and a Mexican informant were picked up by police in Guadalajara on Aug. 13 and released after several hours of detention. The informant, Antonio Garate Bustamante, was also mistreated, sources said.

Both Cortez and Garate Bustamante are in the United States. Neither has spoken publicly about their detention or alleged torture.

In the United States, the FBI is investigating the Cortez case, and charges could be brought in the United States against the Mexican citizens involved. However, observers here think that the chances of extraditing a Mexican policeman to the United States for prosecution are slim.

The Foreign Ministry note suggested that Cortez was engaged in illegal conduct when he and Garate Bustamante were detained.

Limited Role

The communique said that DEA agents in Mexico are authorized only to engage in “exchange of information” with Mexican officials. Cortez was detained while traveling in a car without a proper license plate, in the company of a man who supposedly has a criminal record; he was armed and did not identify himself--all of which indicated, the note said, that the DEA agent was carrying on “functions outside those which he is authorized to do.”

“It worries us also that his activities are causing tensions between the two governments,” the note said.

The communique appeared to be the culmination of an official campaign to discredit DEA activities in Mexico. It is not clear whether this foreshadows the expulsion of DEA agents, but it appears that the Mexican government prefers a narrowing of the agency’s activities, which for a long time have been to investigate drug traffic with or without the cooperation of Mexican police.

Dan Williams reported from Mexico City and Robert L. Jackson from Washington.