PENAL TREATIES WITH MEXICO AND CANADA HEARINGS BEFORE THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE NINETY-FIFTH CONGRESS

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP98-01394R000200040002-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 40
• Document Creation Date: January 4, 2017
• Document Release Date: August 8, 2013
• Sequence Number: 2
• Publication Date: June 16, 1977
• Content Type: REPORT

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STAT
ILLEGIB
CO AND CANADA
4 - JUL 1
COPY ........ 1917
HEARI
?C;EFORE THE
CCOMMITTEE ON-)FOREIGN RELATIONS.
UNITED STATES SENATE
NINETY-FIFTH CONGRESS
FIRST SESSION
ON
EX. D, 95TH CONG., 1ST SESS.
A TREATY BETWEEN THE UNITED STATES OF AMERICA
AND THE UNITED MEXICAN STATES ON THE EXECUTION
OF PENAL SENTENCES WHICH WAS SIGNED IN MEXICO
CITY ON NOVEMBER 25, 1976
AND
EX. H, 95TH CONG., 1ST SESS.
THE TREATY BETWEEN THE UNITED STATES OF AMERICA
AND CANADA ON THE EXECUTION OF PENAL SENTENCES
WHICH WAS SIGNED AT WASHINGTON ON MARCH 3, 1977
JUNE 15 AND 16, 1977
Printed for the use of the Committee on Foreign Relations
U.S. GOVERNMENT PRINTING OFFICE
92-3050 WASHINGTON: 1977
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sleep. Unfortunately, the hardship extends beyond the prisoners, themselves,- to
family and friends in the United States who must provide large amounts of
survival money.
The Mexican Government has now proposed a partial solution to the problems
I have outlined today?a bilateral treaty through which prisoners may be trans-
ferred to their home country to serve out sentences. 'I commend the Mexican
Government for taking this initiative but, at best, it is only a halfway measure.
A review of the proposed Treaty reveals several deficiencies which concern me:
The Treaty falls short of addressing the most serious abuses of human rights
Americans experience when arrested in Mexico. Ignoring the many instances
of physical and emotional abuse we have brought to the attention of Mexican
and U.S. officials, the Treaty does not include any agreement or method to put
an end to the torture and beatings of Americans in Mexico.
The Treaty before us does not safeguard the rights of due process for Mexicans
and Americans arrested outside their own country. In fact, the Treaty disregards
the questions we have raised about legal Procedures. It fails to guarantee even
the right to counsel or a fair judicial process which does not rely upon con-
fessions obtained under duress, and the arrestee's ignorance of the national
language.
According to the present terms of the Treaty, only some of the prisoners in
foreign jails are eligible for transfer. Thus, the Treaty is inequitable, positively'
affecting certain types of offenders, while completely ignoring other groups of
prisoners.
Because the Treaty specifies that prisoner transfers would not fake place,
until sentencing has occurred and the time alloWed for appeal procedures has
elapsed, U.S. citizens would not be eligible for transfer for a full two years
after arrest. Considering our track record to date, in securing legal and human
rights for U.S. citizens arrested in Mexico, two years is a long time.
Finally, the Treaty raises serious constitutional questions involving the process
by which each nation would recognize and enforce a sentence imposed by a
foreign court. As I understand it, the constitutionality of this Treaty hinges
precariously on the "voluntary" and express consent of the transferring in-
dividuaL Frankly, I am not comfortable with the notion of any form of consent
through which a citizen agrees to waive his or her constitutional rights. I under-
stand that legal experts disagree widely on the constitutional aspects. of this
Treaty. Unfortunately; its uniqueness leaves us with little precedent to fall
back on. Obviously, if the Senate ratifies this Treaty, test cases will soon create
new precedents: I would suggest, however, that a judicial, rather than a legisla-
tive- or executive setting, might ,be the proper forum for resolution of such fine'
constitutional disputes.
? If Mexico and the United States cannot agree to provide due process to foreign'
nationals, we could, presumably, devise a method for circumventing situations
In which abuse is likely to occur. In hearings last year, I suggested that we
might take responsibility for our foreign nationals before they became a source
of international contention?at the time of arrest, for example. Indeed, for years'
we have pursued a similar policy when members of our military- forces are
arrested abroad. Unfortunately, however, this is not the case in the Treaty under
discussion.
Despite these Serious deficiencies, the Treaty does recommend itself for one
overriding reason. It provides an important option to some prisoners. Also, -
. It will improve our bilateral relations, lessening what has been a considerable
source of tension between Mexico and the United States for several years now.
reunite families in both Mexico and in our own country. Parents, Wis..'
hands, wives, and children will no longer have to travel so far, or at such great
cost to see their loved ones. .
It war reduce one of the greatest problems with Mexican prima 'coiditionS:
As you know, Mexico and the United States have rather different approa-ches to
health. care. For both' our citizens with ordinary health problems and those
with special medical conditions requiring attention on a regular basis, health care:
is inadequate in the Mexican jails, even under the crudest of standards.
...It will offer citizens of both the United States and Mexico an alternative to
the unfamiliar prison systems and inevitable prejudice imposed on them in
foreign jails.' - ?
Most importantly, it will provide relief to Americans arrested in Mexico
who, when transferred, will receive the benefits of U.S. parole regulations. Cur-
rently, Mexico denies parole to any person convicted of a' narcotics violation.
Some of the prisoners in Mexico are now serving terms of several years for
crimes considered misdemeanors in their own country. Since our own govern-
ment's determined efforts to control drug traffic are at least partially responsible
for these arrests in Mexico, it seems unfair to impose sentences which are ex-
tremely harsh by American standards on some, but not all of our drug offenders.
Mr. Chairman, in concluding my remarks today I find myself on the horns
of a dilemma. I have serious reservations about the Treaty's effectiveness because
of so many of the deplorable abuses of human and legal rights which occur
when Americans are arrested in Mexico fall outside of the Treaty's jurisdiction.
On the other h,and, I must support its ratification, if for no other reason than
that in even its small way, this Treaty is a step towards alleviating some of the
suffering now imposed on United States prisoners in Mexico, their families, and
Mends. Despite the Treaty's many shortcomings, I urge the Committee to move
swiftly and positively towards its ratification.
As one mother of an American prisoner in Mexico described the Treaty, ,"it's
like, table scraps. But when you're starving, table scraps are welcome."
-'The CHAIRMAN. The next witness, is Congressthan , lienjamin A.
Gilman of New York. -'? .' -- - - .. '
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.t.... . , ?
'
STATEMENT OF HON. BENJAMIN A. OILMAN, 'U.S. REPRESENTA-
TIVE IN CONGRESS FROM THE 26TH DISTRICT OF. NEW YORK- -
. Mr.' GILMAN. Thank you very Much, Mr. Chairman. ,
?
' Mr. Chairman, I am a member, of - the House Select CoMmittee
on Narcotics and I have served as a Delegate to the Interparliathentary
Conference between Mexico and the United States at both the Six-
teenth ,Conference and the Seventeenth Conference, which just coin-
pleted its work last month. ? . -
I Welcome the opportunity to appear before this distinguished body.
? Eta it begins consideration of the treaty between the United States,
,osLAtemnecresic.a ,and the United Mexican States' on* the Ekecution of Penal
. , . . --
- .. - ? ? ,
? ,I. will summarize my remarks and request that the full text of my
statement appear M the record: . '. .
.- -.
- The CnAnimAN. It will be printed in the record in its entirety:
gr. GILMAN. Thank you, Mr. ChairMan.
. - . . ? ,
. . ,
. . , . .
...PROBLEM CREATED BY SUCCESSFUL COMBATING OF NARCOTICS TRAFFIC
-.One of the most critical issues confronting the bilateral relation-
ships between Mexico and the United States is the significant illicit
traffic of narcotics that .has been crossing our border, a border that
c 1 extends for some 2,000 miles. The success of the joint efforts of our
byp.,;Tnations in combating this - problem has , unfortunately helped
create yet another. ,-- ..., ,. :- . . . .
3s. of, May .15 1977, there- were 579, U.S. nationals incarcerated in
4 . Afexiea.n jails. These, Prisoners,. of which Omit .80 percent are druj
violators, have been sUbjectecl to alien justice and the hardships of -at
,fluiti and language; barriers that: have led to ,Wreirer strains i 'pc Our,
bilateral relations
. .`" ?. ' ? ! . .
rn. 1January of last year; I had an opportunity to Visit the Lecuni-: -
bei?ii 'Federal Prison in Mexico City, where I talked to most-of the 70
American inmates at that institution. I heard many complaints foinn
' them concerning their problems in Understanding and receiving :advice
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concerning their rights under the Mexican legal system: They told of
their frustrations and hardships caused by corruption behind prison
walls, of a lack of and inadequate counsel, exorbitant legal fees, of
being held incommunicado, of being tortured, and of being forced to
sign confessions written in Spanish without the aid of any interpreter.
In February 1976, I had the privilege of addressing the Sixteenth
Mexico-United States Interparliamentary ConferenCe. At that time
I stressed the need for our two nations to work together to relieve the
growing tensions resulting from increased enforcement of our drug
laws. ?,,, ?
. MEXICAN CONCERN ABOUT PRISON CONDITIONS k:
, .
7 Both of our nations certainlyireqiiire more attention to the proflems
of prison reform. I ani pleased to nOte that there have been a number
of indications that there is a growing awareness and concern within
Mexico about the need to improve their prison conditions..., ?,
One of the noteworthy examples of this concern was the reform of
the administration of Lecumberri-Prison. The abuses and corruptioni
at that prison had reached A level' where the Mexican Government
demanded rectification:-Almbst every corriPlaint that I.had-figistered
with the. Mexican Government following my ,visit was addressed.,
The reforms at Lecumberri have been welcomed by all as an indica-
tion of a new awareness and a sincere attitude for reform by Mexican,
Lecumberri Prison itself ceased to operate as a prison as Of,
August 26, 1976. We hope that with its passing, we have seen the end.
Of a pattern of extortion and brutality which became its trademark.
In other areas, there have,also been significant improvements in both'
the living conditions of many Americans and the prospects for. their
early 'release as a result of the Mexican Government's'initiative? with
regard to parole and transfer of sancticins. The ?6 acticins should :fur;
ther help resolve aspects of the overall problem. -
? ,
. 3.
On the 27th of last 'Month, Mr: Chairman, I .had: the privilege of
Addressing my fellow legislators from Mexico at the Sev.?enteenth
ican-United States Interparliamentary Conference held iri?Herrnosil-
lb, Sonora. While addressing the need to seek a solution tO the'prObz
lems raised by Americans in Mexican. jails, I,sought to open, a.twpY
Way street 'for inntual'coricebi'about. all prisoners: stated t that
time ? ? ? ^ :,???
? ? . . ? ? 't r..? :
For our part we must not ignore the hundreds of Mexican n'ationals,Who-are::'
imprisoned in U.S. Jails. Just as we seek .to insure the full,protections of-the
human rights for the U.S. prisoners abroad, we urge the other nations to become
concerned about the human rights of their citizens 'abroad. We are' committed,
to preventing the violation of basic human rights of any person in:any:comittyj
? While attending the Interparliamentary Confererice"4 H. erinWsillo':'? ?
ridok advantage of the.opportunityntO Visit the Sonora State Prisonand to talk with some Of the American prisoneretherei.- , ke:
stark c&ntrast'tP'ti4 Federal Lecumberri Prison in Mexic6 City?
i year eirliei:=I?foUnd'ethod6.n, 'Clean 'Penal facility I
' talked at length_ with nine-Aineriains`who were being that
stitution. Unlike the horror 'stories of the paseat.LeCiimberri:'there ?? N
-; Were no complaints at this prison of discrimination, prejudice, ?
? ?
ex-
tortion. The complaints that 'the prisoners did' have liere 'allotted'
?., ..; ,,,,,124-1,7.7.1 ? . - .11 ? i41. a tr.,?7,1 a-aryi j
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? their.early stages of arrest and to the difficulties in dealing with the
Mexican legal system;
'There are still tales of torture at the time of arrest, of being held
incommunicado, without the opportunity of access by Embassy officials:.
_
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- sz: ? ? RA ritICATION OF TREATY BEFORE US .
. .
k-- -,?
The, Government of Mexico has .acted quickly to complete. needed ?
.-? actions to ratify the treaty, before:tie. This action, completed in little
,,,,more than a month after the initial agreement, demonstrated the sin-
? cere dedication of the leaders of that country to help resolve this source:
Of friction that existshetween our two nations;
.is11
',-op-ed thif-the.cOninmiiiation--of this ii?ea-ty hel15-relieve
some of the special hardships which fall. upon prisoners incarcerated-'
-...7...... ? . _ _
' fanfrom home.. ? ?-, _ "'"
;.In addition,' it will help' reniove some of the strains on the diplo-.
mate' and law enforcement relations between. Our* two countries that:
li-ave,,surfaced as ,a. result, of the imprisonment, of large numbers-of
; . .
?
-each'others citizens.-.? '
- '. While ratification of this treaty will 110t.alimie solve_the many prol;-
:?16Ms Tire fice, it will pro Vide. some relief to the strain that the imprison, ?
's???'' nigit'of Americans in a foreign land has caused. - . ? I ? L.
4.?? ?-t -arhe? Mexican Government and people have responded to our cries.
fOr help. 4n turn, we should respond'with-the same 2ehoi.? of -sincerity'
? i
- and conviction.to seek every opportunity to resolve the problems that'
? both shire. ; , ?-.? . ,? , _ ?
:Accordingly, Mr. Chairman, I urge the members of this committee-:,
and the entire Senate"to support the ratification of this treaty between
? 0,he'..17nited Stites:and .the.United,MexiCan States *the execution of,
- ?
course, the Americans in. prison' in Mexico are anxiously'aivaitv
i?g'treat.y approval.-As a matter of fact: they, have* prepared a film'
?-t ahdliia,eehown?that-filin,to the Anierican'delegates.that attended the;
^ lastConference, appealino? to us, as Members of Congress-;tomige upon':
i',the Senate the early execaion of this treaty. - -? 1-2 zt, ? ,
is the MeXiCan.Governmetit awaiting appthval'Of the treaty;',
as was expressed by the`Mexican members of Congress .who attended
"the, believing that the; adoption of
the treaty, will help alleviate some of the pressures and tensions which,
?-?W-71 noir exist, between Our two nations., ? .; -
'--;???14-;!;Thiinkyoti, Mr. Chairirian'., '?? 71?
. ? ;
IRePresentatiVe Gilman?s prepared statement toilows.1, ?
14,0. ? " - _
OF -174;
Mr" Chairman :rI'welcome' this 1,3pporturiltf.. for .appearing beforeltili
,47-guished:bcklY.,anit' begins- consideration .of the Treaty between 'the United 'States
oft:America .and the United,Mexican States'of the 'ExecutiOn of Penal Sentences."
tOne:ofzthe most critical issues confronting the bilateral relationships between
? .V4Mex1co and the United' States is the significant, traffic of narcotics ,eressisag oar 1.-?,
border.-After the success ofthe closing ofthe French connection'and the -
Jion,of,tthe-Turkish heroin suPplies. Mexico has become-the sour andIgaviNSfr '4
more than 84) percent of all illicit drugs entering',thisletethin7.'.The
.14. glice ?t; .9.11147, 4 , t r r
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success of the joint efforts of Mexico and the United States in combating this
problem has unfortunately helped create yet another.
As of May 15, 1977 there were 579 U.S. nationals incarcerated in Mexican
jails. These prisoners, of which about 80 percent are drug violators, have been
subjected to alien justice and the hardship of cultural and language barriers
that have led to severe strains on our bilateral relations.
It was with this understanding in mind that former Secretary of State Henry
Kissinger presented the treaty before you in his Letter of Submittal to the Presi-
dent on January 17, 1977 stating:
The Treaty is intended both to relieve the special hardships which fall upon.
prisoners incarcerated far from home and to, make their rehabilitation More fea-
sible, and also to relieve diplomatic and law enforcement relations between the
two countries of the strains that arise from the imprisonment of large numbers
of each country's nationals in the institution of the other. It constitutes part of
an ongoing effort to improve relations between the two countries. It in also part
of various efforts to establish- closer international cooperation in law enforce-
ment activities.
I would like to make it very clear that in no way are my remarks intended
to criticize the stringent enforcement or harsh penalties imposed upon drug traf-
fickers in Mexico, but are intended to focus our attention upon some problems of
human rights that have caused oar nation concern., As was stated last year by
Administrator Walentynowicz. of- the Bureau of-Security and. Consumer Affairs'
of the Department of State -S , ? - ? ?
.Successful drug interdiction, far,from being in conflict -with-the guarantee ? of
rights to prisoners, is In dependent upon such guarantees. Thorough law
enforcement is ultimately dependent upon wholehearted cooperation of the public,,
and people will cooperate only when they are confident that their human rights-
are not threatened by ,the enforcement procedures..:Unless there is public con-
fidence in just treatment, law enforcement becomes difficult and even-ultimately-
impossible.
..? Fundamentally a strong policy- for the fair and decent treatment of prisoners
leading . .
leading to social rehabilitation of offenders is fully' consistent with a strong,'
Successful program of drug interdiction. , '
. In January of last year, while in Mexico discussing the narcotics situation, I
took the opporttinitY- to visit the Lecumberri Federal Prison in Mexico City and
talked to most Of the 70'Amtiricaninmates of that institution: During that visit;
I heard many complaints concerning their-problems in understanding and receiv-
iiig advice -concerning. their .riglitis under the Mexican legal system. They told of
the frustrations and hardships pf-corruption behind prison walls, of a lack of and ?
Inadequate Counsel, exorbitant-let-al fees, of being held incommunicado,-of being
tortured, and being- forced; to sign confessions written in Spanish, without the
44 of any interpreter:- ' - ?: ? .
visit to Lecumberri Prison substantiated prior 'eriticisms of the Mexican-1
penal system. linfortunately, it *as, also printed out ? that, those Mexicans ,im-
Prisoned in Leeumberri were often. treated with more severity, as they were.,
assumed to understand the consequences of their acts. ,. ,
.1- discussed these problems' at treat lentth with 'Mexico's 'Attorney General,
With high-ranking members of the Mexican armed forces and with member i of
the Mexican Congress. During two-separate meetings with President Echeverria,
"?' I-expressed concern that abuses of civil rights might lead to a ,cleavage in our
efforts of seeking to prevent the use and abuse of narcbtles in the United
States and Mexico. '? ? ? ? ?? ? .
? In February of 1976, I had the'priVilege of addressing the 16th ?Sfelico-U.S.- ---
Interparliamentary Conference held in Atlanta.' At that tithe- rshared- With the ?
Mexican legislators my experiences.resulting.from my,-visit to Lecumberri.Prison
and the conclusions emanating from the `congressional hearings on this Issue.- In
stressing the -need for Our two-nations: to work, together:to:relieve :the -.trowitig'-
tensions 'resulting ?fromincreoseCenforeement of -drug laws.- stated !est
" most not allow- the long?friendships?of ourtwo natiOna and the, success:4'i
our many joint endeavors; including international narcotics, control i to be placed
in jeopardy- by. this; issue . P. an issue that: can the resolved by signifying the.
Importance that we attach to the-protection of the human rights of all peoples.' :
The protection of.civil rights is, riot inconsistent with theproper-enforcement of.
the laws-regulating drug, trafficAnd: drug abuse,. The proper, enforcement of,the-1
law does not obviate the necessity for respecting the law- and making certain
that civil rights?basic human rights are not violated . . . and in preventing
the mistreatment and physical abuse of prisoners. ?
Both of our nations need to give more attention to prison reform. I am pleased
to note that there is a growing awareness and concern within Mexico for improv-
ing prison conditions. One of the noteworthy examples of that concern is the
reform of the administration of Lecumberri Prison. The abuses and corruption
at that prison had reached a level where the Mexican Government demanded
rectification. Almost every complaint I registered following my visit was
addressed.
The Commandant was removed and the Chief of Guards imprisoned on charges
of corrupt practices. The "Mayor" system of priSoner hierarchy has been abolished.
Prisoners are no longer required to pay rent for their cells or for the retention
of commissioned jobs. All of these reforms were accomplished by marked improVe-
ments in cooperation between the new administrators and our counsular officers.
, The reforms at- Lecumberri have been welcomed by' all as an indication of a
new awareness and a sincere attitude for reform by Mexican officials: Lecum-
- berri- itself ceased to operate as a prison as of August 26, 1976. Its inmates have
been dispersed to more modern facilities. We hope that with its passing we have
seen the end of the pattern of extortion and brutality which became its trade--
mark. [See attached New York Times report of June 30, 1976, appendix Al -
There have also been significant improvements in both the living conditions of
many Americans and the? prospects for their early release, as the result of the
Mexican government'S initiatives in regard to parole and transfer of sanctions.
?The adoption of- new. legislation in Mexico to extend parole to drug offenders
on the same basis as other convicts has the potential of helping to remove some
of the tensions that have generated from this issue. While such a bill failed to
pass before their Congressional adjournment in December, it is hoped that favor-
able action may take place when the Mexican Congress reconvenes in September.
Recent reports have indicated that Attorney General Oscar_Flores has elimi-
nated another source of irritation with the decision of the Mexican Government
not to press charges against persons found possessing small amounts of narcotics
that are clearly intended for personal use. This decision could result in the -
release of a substantial number of Americans now being held on charges of such
possession. In the future this action will help prevent abuses as the number of
Americans arrested declines under the new guidelines.. (See Washington Post
article of April 16, 1977, appendix B.) ' ?
' All of these actions should further help resolve aspects of the overall problem.
Relief- from 'current trends will continue to be welcomed as the arrests of Amen-'-
cans continue with improvements in narcotics enforcement programs. As we seek
to -increase our cooperation with the Mexican Government In-interdiction efforts,
We must also give thought to what happens to Americans that get caught. -
On the 27th of last month, I once again had the privilege of addressing my fel-
low Mexican legislators at the 17th Mexico-U.S. Interparliamentary Conference
held in Hermosillo,. Sonora. At the May-meeting I reviewed the Progress that had
taken place during the last year, including the advances of the treaty before
you. While stressing the need once again to seek a solution to the problems
raised by Americans in Mexican jails, I sought to open a two-way birmt for
mutual concern about all prisoners, stating:-
For our part we must not ignore the hundreds of Mexican nationals Who are
imprisoned in U.S. Jails. Not counting our state and local facilities, it is esti-.',
mated that more than 1,200 Mexican nationals are held in Federal prisons athots
the United States. In the State of California alone there are 'between 46o-50p-
,Meticafitrinearcerated: ?
? ?? -fin/Alia we Seek to insure the full protection of the human rights for the United
Stalet-prisoners-alireadi waurge the other nations .to become concerned *boat the-
himian rights- of their 'citizens abroad.- In recent months we have noticed with
entlitislasm" an increase in the' visits to our jails byMexican constliar 4orte1als.
' Wewilrglve Prorapt -attention -to any complaints expressed by your countrymen of ,
%..'-"pOsiiible?abil"se or wront,doing b any-11.8.-prison officials. We -are committed to
preventing the Violation of basic hilmari- rights of any person in any Tenantry.
--While-attending ,the ? Interparliamentary Conference in Hermosillo-. If took'
advantage of the oppOrthnity to visit the Sonora State Prison. Accompangest
-.611-the visit was Mexican Congressman Victor. ManzanilIa-Schaffer.'.
stark contrast- to Lecumberri. the Sonora 'Prison-is a modern. Lnnnenulfa-
- duty
Both Congressman Manzanillo and I talked at length with nine Americans
? ?
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being held at that institution. Unlike the horror stories of the past, without excep-
tion every man readily admitted that the prison conditions at Sonora were as good
as can be expected in a prison. There were no complaints of discrimination, preju-
dice or extortion. The complaints that the prisoners did have were related to their
early stages of arrest and to their difficulties in dealing with the Mexican legal
system.
One of the major problems that we heard about was the need for early noti-
fication of arrest and for prompt access to the detainee in accordance with the
Vienna Convention on Consular Relations to which both our countries are signa-
tors. We are convinced that the Mexican Federal Government is in full accord
with our position. Unfortunately, in practice, the implementation of this accord
Is uneven and spotty at the local levels. We all recognize the importance of not
only sharing our concerns at the highest levels of government put our thoughts
and ideas to be effective must permeate the working levels of government.
First the upper echelons of government must acknowledge the problem and then
they must relay their concerns and progrands to the lower bureaucratic levels in
order to effectively and positively respond.. It is at this level where -they make
? the arrests, question the accused, and guard the prisoners.- Accordingly, we-
should make certain that our Thoughts and ideas dre being communicated to this
level to insure the protection Of the rights granted to all prisoners, both Mexican
and American.
As testimony to the sincerity and understanding of,the Government of Mexico,
they have acted quickly to complete all needed legislative actions, including Con-
stitutional changes to ratify The treaty. This action completed in a little more
than a Month after the initial agreement, demonstrates the dedication of-,the
leaders of that country to resolve-this source of friction between our two nations
ins swift manner. . ?
? Unlike the monumental tasks of restraining the hundreds of thousands of ille-
gal aliens entering this country, destroying the thousands Of acres of- illegal
poppy cultivation, or guaranteeing :the absolute protection of every prisoner, the
ratification of this treaty was seen as a clear way to reveal the true desire to
help . . . a desire that is often masked by the frustrations of government
bureauracy in a developing nation. If there was one message beard above all oth-
ers at 'the recent interparliamentary meetings, it was that "on this issue we have
acted, it is now up to you."
? While we cannot bring about immediate change in the vast differences of our
two cultures and peoples, and the differences in our respective laws, we do share
the same desire to protect the human rights of all our citizens. We should increase
our efforts in both of our nations to educate our youth about the horrors of prison
life before they commit a crime. But, ,most important, we should bring pressure
to bear on the governments of both our nations to insist on the fair and lawful
tretutment of all prisoners.
It is hoped that the consummation of this treaty will help relieve the special
hardships which fall upon prisoners incarcerated far from home. In addition it
will help remove some of the strains on the diplomatic and law enforcement rela-
tions between our two countries that have surfaced as a result of the imprison-
ment of large numbers of each others citizens. . -?
Perhaps, some day there will he no need for such a treaty. But, as Secretary of
State Vance stated in his March report to Congress on the status of United States
-Citizens detained in Mexico: .
? Unfortunately there are still substantial cases in .which U.S. citizens are not
eiving the full rights guaranteed to them under Mexican law. . . .
While it is true that the total number of cases of substantiated abuse represents
a'small percentage-of the total number of arrests, we cannot be complacent. As --
was.noted in our previous report, as long as. one American citizen is not being
accorded his human and legal rights under Mexican law:we will not be satisfied.,
Clearly, real progress has been made in respecting the .human rights of all.
United States citizens detained in Mexico,. and the prospects for further progress
are encouraging. However,! regret thatJ cannot report that we are fully satis-
fied with what has been, accomplished -thus far. Unfortunately, there are still
many cases in which U.S. citizens are not receiving their full rights under Mexi-
can law. While the ratification of this treaty will not of itself, resolve the many
Problems we face, it will provide some relief to the strain that the imprisonment
of Americans in a foreign land has caused. .. -
The Mexican Government and people have responded to our. cries for help. In
turn we should respond with the same show of sincerity and conviction and seek
every opportunity to resolve the problems t we
urge the distinguished members of this commit ee at
port the ratification of the Treaty of the Execution
the United States and the United Mexican States.
APPENDIX A
share. Accordingly, I
entire Senate to sup-
nal Sentences between
[From the New York Times, June 30, 1976]
MEXICAN PRISON8 SAID TO IMPROVE
Wesittsoros, June 29.?Conditions for Americans imprisoned in Mexican jails
have improved markedly in some respects since January, the Ford administration
told Congress today.
However, in testimony before a House International Relations subcommittee,
William H. Luers, Deputy Assistant Secretary of State, said some of the 607
American citizens jailed in Mexico are still subject tophysical abuse. ? '
According to Mexican authorities, about 83 percent of the Americans were
arrested on narcotics charges.
Mr. Luers, who is responsible for Central American and Caribbean matters-in
the State Department's Bureau of Inter-American Affairs, said that while there '
have been "a number or real areas of improvement" in the Mexican jails, there'
were others where "no meaningful improvement can be reported."
COMMANDANT REMOVED
' '
The foremost improvement, he said, was in the administration of Lecumberri
?
prison in Mexico City, where the commandant was removed a month ago and the
chief of guards imprisoned ? after corrupt practices, including extortion, were
revealed.
Americans in Lecumberri have been given access to English-language books
and periodicals for the first time and have been allowed to form football teams.
American consular officers also have broader access to prisoners in Lecumberri,,
he said. ?
However, Mr. Luers indicated conditions remained poor in Mazatlan prison,'
and he also reported an incident in which two American prisoners were assaulted
by Mexican guards. ? ? -- -
rHe said that of 334 ?Americans arrested in Mexico since the beginning of the
Year, 61 cases of physical abuse had been substantiated?a rate of 18 percent.
-- The new American prisoners include 57 women, the administration has learned.
The American prison population in Mexico has increased by 85 since June 1975.
"We are most concerned about the lack of significant improvement in the
treatment of U.S. citizens in the period shortly after their arrest," he said.
Mr. Luers told the House subcommittee on international political and military.
affairs that the administration welcomed a Mexican proposal that the two coun-
tries study the possibility of exchanging prisoners so that they might serve out
%. sentences in their homelands. ?
He said Ambassador Joseph J. Jova has been instructed to begin discussions
with Mexican authorities on a transfer agreement.
APPENDIX B
' [From the Washington Post, Apr. 17, 1977] :
. MEpcsits T/ROPPIN4 DRUG eASES AGAINST, SMALL -USE TOURISTS '
'. ? (By Marlise Simons). ? - * ? - ?
MExico April ,16?In Move that shoidd make Slekico less perilous for -
American visitors, the Mexican. Government has decided it will'no longer presil
charges against persons holding small amounts of heroin, cocaine or marijuana
, that are clearly intended for personal use. ?
As a result, 15 Americans have already been secretly handed over to us.
officials and sent across the border in the last 2 weeks.
. Another 30 Americans should be released by the end of this month vOiezti Cie
Declassified in Part - Sanitized Copy Approved for Release 2013/08/09: CIA-RDP98-01394R000200040002-2
Declassified in
Part - Sanitized Copy Approved for Release 2013/08/09: CIA-RDP98-01394R000200040002-2
16
authorities plan to drop charges against some 2,000 persons who have been
arrested, but not yet tried, for possessing small quantities of drugs, said Mexico's
new attorney general.
The attorney general, Oscar Flores, said in an interview that he is moving
to solve another bilateral headache, the problem of aircraft and cars stolen in
the United States and brought to Mexico. Owners have charged that Mexico was
violating the 1936 U.S.-Mexican convention on return of stolen property.
Of almost 200 stolen U.S. aircraft listed as awaiting release or investigation,
only 16 were returned in the last 3 years. But in the past month, Mexico has
handed over 42 stolen planes to the U.S. embassy for return to their owners.
Officials are now tackling the enormous task of checking thousands of cars to
see if they were stolen in the United States. "It looks like' the Americans are
more interested in collecting their insurance money rather than in collecting
their car," said Flores. "People try to get their planes back, but they rarely
bother with a car."
The aim of the drugs decision, Flores said, is to reduce the chances that people
are subjected to arbitrary arrests and extortion by police and lawyers when
caught with small amounts.
At present, he said, Mexico's tough anti-drug laws are lopsided, with too
much punishment for the small user. "Even if the person does not get a long sen-
tence, it may take 1 year for the trial to come up. And in that time, dishonest
police and lawyers have often hada chance to bleed people for money."
Every year, almost 3 million American tourists come` to Mexico. Many more
cross the border for short trips. As marijuana smoking spread in the United
States, the number of Americans caught here with the coveted "Mexican gold"
increased. The 15 persons released this month, for example, were all arrested
with only a few marijuana cigarettes and held for 3 to 4 months.
A. treaty, permitting Mexicans and Americans arrested across the border to
serve their sentences at home, awaits ratification and enabling legislation.
The unexpected Mexican policy change toward small drug users does not apply
to traffickers. Of the 592 American currently held in Mexican jails at least half
have been accused of transporting cocaine from South America or dealing in
large amounts of Mexican marijuana or heroin destined for sale in the United
States.
"We are not changing the law and not establishing any minimum amount
permitted," the attorney general warned. "We'll look at everything case by case.
Somebody with only five cigarettes caught selling at a school is a pusher, as
far as I'm concerned."
A tough, outspoken and pragmatic man, Flores has brought considerable
relief to U.S. embassy officials here who found it difficult to deal with the often-
antagonistic previous administration.
"I'll give you your prisoners, if you just move them out of the country, the-
same day," Flores told U.S. consular officials.
"Sure we'll take them," U.S. Consul General Vernon McAninch replied. For
the 15 newly released Americans, the U.S. consolate hastily raised money from
the prisoners' friends and relatives or made loans for the return tickets. "Of
course we are very pleased with this new development," McAninch said.
OPINION OF PROPOSED TREATY AS DRAWN-
The CHAIRMAN. Thank you very much, Congressman Gilman. Let
me ask both Congressmen this question. Are you in favor of the pro-
'
posed treaty as it is drawn ? . . -? '1 s' Z, -7 ? - ' .
Mr. STARK. Mr. Chairman, I would say that ram in favor of. it. My
onlk?reservation, and I am. not really competent to dismiss' it, is
that the constitutional experts must make sure that we can, under
the treaty, protect the constitutional rights of our own citizens. Other
than that,. I would say that'yes, I am wholeheartedliin favor of the
treaty.. . ? - . , --.
. . .
.
Mr. GILMAN. Mr. Chairman, I would add that I certainly favor the'
objectives of the treaty to exchange our prisoners and to permit" the .
prisoners of both countries to 'servo mit the halaree of their time
17
ing prisoners have created a great deal of tension and have created a
wide gap between our two countries at a time when we should be
working very closely together on a very serious problem, the problem
of illicit narcotics trafficking.
The CHAntidAN. Senator Church, do you have anything at thin
time?
Senator CHURCH. Thank you, Mr. Chairman. I don't know if I have
questions of the Congressmen, but I am very much aware of the prob-
lem: A number of my own-constituents, families in Idaho, have chil-
dren in Mexican jails. In some of these cases, Americans are being
held for long periods of time without being charged and-without being
tried. . .
AMERICANS WHOM TREATY DOESN'T REACH
Now, as this treaty is written, welcome as it is in the objective
it seeks to serve, I take it that the Americans who find themselves
imprisoned, but without being charged and without being tried, would
not be reached by this treaty.
Mr. STARK. Senator, that is quite right. It is a step in that direction,
but more must be done somehow to encourage the Mexicans to obey
their own laws, which prohibit the kinds of things that you mention.
Mr. GIL3LtN. If I might add, Senator, I think that the adoption of
the treaty would help to expedite some of these cases that are long-
lingering. - ?
- When I visited the Sonora Prison,- I found three young college
students from the Southwestern ? part of our. Nation who had been
lingering in the jail from November- through May, having been
charged with possession of some 50 grams of marijuana some cigar-
ettes that they had in their: possession when they crossed marijuana,
border or
that they had picked up on the Mexican side of the border. They
had not even.been indicted. at that point. When- we raised the issue
and the Mexican authorities looked into the problem, they discharged
them within a few days thereafter: The Mexicans have now embarked
on a policy of releasing those who are charged- with just minor of-
fenses, rather than incarcerating thein for long periods of time. : '
.
' 'EXPEDITION PROVIDED By: RATIFYING TREATY
,
I do think that the adoption of- the treaty would help to expedite
that situation. A great deal of it has to do with bureaueiatio. process-
and the slow manner in which some of these-cases- ses are. i..' processed.
Senator CHURCH.1 .would hope-that- the:adoption ? treaty
would have that effect and that we could get, some of.the wary vexing
and,really tragic, cases attended,to..- I am inclined to