No Justice Torture, Trafficking and Segregation in Mexico A report by Disability Rights International Embargoed until 11 AM EST July 22, 2015, Mexico City Main Authors: Priscila Rodriguez, LLM, Director of the Women’s Rights Initiative for the Americas, Disability Rights International (DRI) Eric Rosenthal, JD, Executive Director, DRI Humberto Guerrero, Director, DRI-Mexico Investigators and coauthors: Megan Abbott, DRI; Laurie Ahern, President DRI, Claire Boychuk, DRI; Elizabeth Jones, DRI; Karen Green McGowan, DRI The Executive Summary in Spanish is available at the end of this report. Disability Rights International www.DRIadvocacy.org Disability Rights International (DRI - formerly Mental Disability Rights International) is an international human rights organization dedicated to the rights and full participation in society of people with disabilities. DRI documents abuses and promotes international awareness and oversight of the rights of people with disabilities. DRI trains and supports disability rights and human rights activists worldwide to promote rights enforcement and service-system reform. DRI is based in Washington, DC with regional offices in Mexico and Serbia. DRI has investigated human rights conditions and collaborated with activists in more than two dozen countries of the Americas, Asia, Europe, and the Middle East. DRI has published three reports on the human rights of people with disabilities in Mexico, in 2012, 2010, and 2000. DRI has also published reports on the Republic of Georgia (2013), United States (2010), Vietnam (2009, published by UNICEF), Serbia (2007), Argentina (2007), Romania (2006), Turkey (2005), Uruguay (2005), Peru (2004), US Foreign Policy (2003, published by the US National Council on Disability), Kosovo (2002), Russia (1999, published by UNICEF), and Hungary (1997) These reports have brought unprecedented international attention to the human rights of people with disabilities. Staff Holly Valance, International Ambassador Laurie Ahern, President Eric Rosenthal, JD, Executive Director Eric Mathews, Associate Director Rachel Arnold, Human Rights and Communications Associate Nick Kotsovolos, Accountant Dragana Ciric Milovanovic, Director, Regional Advocacy Support Center, Serbia Humberto Guerrero, Director for Mexico and Central America Priscila Rodriguez, LLM, Director of the Women’s Rights Initiative for the Americas Raul Montoya, Executive Director, Colectivo Chuhcan, Mexico Natalia Santos, Women’s Rights Program, Colectivo Chuhcan, Mexico Halyna Kurylo, Director, Ukraine Board of Directors John W. Heffernan, Chair, Robert F. Kennedy Center for Justice and Human Rights Alex Arriaga, Strategy for Humanity, LLC John Bradshaw, National Security Network Holly Burkhalter, International Justice Mission Ilene F. Cook, The Washington Post Renée Kortum Gardner, Gardner/Mills Group, LLC Adam Crafton, IBM Stephanie Ortoleva, Women Enabled Kathy Ryan, Chernobyl Children’s Project International Acknowledgements We would like to thank the Overbrook Foundation as the lead funder of this report. We would also like to thank DRI’s International Ambassador Holly Valance, the Holtheus Trust, the Open Society Foundations, the Blaustein Fund, a major anonymous donor, and many other individual and foundation donors to DRI for making this work posible. TABLE OF CONTENTS Executive Summary and Overview ................................................................................................... i I. Introduction .................................................................................................................................... 1 A. The “Blacklist:” No Oversight or Accountability ............................................................ 1 II. Abuse and Exploitation at Casa Esperanza ......................................................................... 1 A. Exposing a “Blacklisted” Facility: Findings at Casa Esperanza ................................ 1 B. Continued abuses despite government notice ............................................................... 2 C. Sexual abuse and sterilization .............................................................................................. 3 D. Sexual violence as torture .................................................................................................. 4 E. Prolonged Use of Restraints .................................................................................................. 4 F. Aftermath of Exposure: lack of appropriate placements ........................................... 6 G. Pilot Programs for Reform ..................................................................................................... 7 III. Continued Segregation of Mama Rosa Survivors .......................................................... 7 A. History of Abuse ......................................................................................................................... 8 a. An Invisible Population ....................................................................................................... 8 b. Lack of Appropriate Placements ................................................................................. 9 IV. Findings ...................................................................................................................................... 10 A. Torture and Ill-Treatment ................................................................................................... 10 B. Use of Physical Restraints, Cages and Isolation Rooms ........................................... 10 C. Chemical Restraints and Overmedication ..................................................................... 13 D. Lifetime Segregation ......................................................................................................... 14 E. Atrocious Conditions of Confinement ............................................................................. 15 F. Forced Sterilization ................................................................................................................ 17 G. Sex Trafficking and Sexual Abuse ..................................................................................... 17 H. Forced Labor ........................................................................................................................ 18 I. Illegal Placements and Profit-Seeking ............................................................................ 18 V. Recommendations ..................................................................................................................... 20 Appendix I: Background & History ............................................................................................... 27 Appendix II: Institutional Visits ..................................................................................................... 29 Disability Rights International No Justice i EXECUTIVE SUMMARY AND OVERVIEW Disability Rights International (DRI) has conducted a two-year investigation into the treatment of children and adults with mental disabilities in Mexico City and finds a pattern of egregious and widespread human rights violations. Contrary to Mexico’s obligations under international human rights law – which recognize the right of people with disabilities to be free of torture and improper detention – Mexico does not provide support to families or adults with disabilities that would allow them to live as part of the community. Despite the fact that they have committed no crime, children and adults with disabilities are locked up and segregated from society. In Mexico City, having a disability can mean a life of detention. Even worse, DRI’s investigation has uncovered the existence of a “blacklist” of particularly abusive institutions that the Mexico City authorities are aware of – yet they permit these facilities to operate. One boy was held in a small cage in the courtyard. Others were left in permanent restraints. People in this institution remained there for life. The director reported that women and girls were sterilized as a matter of policy. – DRI observation at Casa Esperanza, a blacklisted facility, June 2014 Behind the closed doors of Mexico City’s institutions for people with disabilities, atrocious abuses are taking place that amount to nothing less than torture. Children and adults are denied treatment and are left to languish covered in their own urine and feces in filthy dehumanizing conditions. Some people with disabilities are held permanently in cages or cribs. Without physical activities, these children’s arms and legs atrophy and their bodily organs fail. Children may lose hope for living, stop eating, and become emaciated. DRI investigators found children tied down from head to toe, looking “mummified” and totally unable to move. Adults are restrained with duct tape and bandages. Children are tied to wheelchairs in a manner that leaves them at risk of choking. Any practice of prolonged restraint is excruciatingly painful, causes increased mental and physical disabilities, and is life-threatening. Many deaths are unexplained, undocumented, and unaccounted for. DRI has found boys, girls, men, and women repeatedly raped and sexually abused over months or years. Some of these individuals are detained and exploited for forced sex and labor. I was raped and you will never ever understand what that was like, you will never understand how much pain I am going through. I do not want to live, I want to die. – Woman rescued from Casa Esperanza Social service authorities have acted in concert with private institutions to sterilize women and girls with disabilities without their knowledge or consent. This investigation shows that sterilization is used as a way to conceal ongoing sexual violence. According to the UN Special Rapporteur on Torture: Forced sterilization is an act of violence, a form of social control, and a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment… forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture.1 1Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/22/53, (February 1, 2013), Juan E. Méndez, para 48. Disability Rights International No Justice ii National and city authorities have been aware of these practices for years, yet they have not taken the action necessary to end the abuse of persons with disabilities. There is a lack of systematic human rights monitoring for any institution for people with disabilities in Mexico, and some institutions are permitted to act in an essentially lawless manner off the public record. In May 2014, DRI learned about the existence of an official “blacklist” compiled by Mexico City authorities (the Institution for Assistance and Social Integration – commonly known as IASIS). Of the 76 facilities reviewed by IASIS, 25 were found to present a “grave risk” to service recipients. Despite this finding, neither IASIS nor Mexico City’s Department of Family Development (DIF), which oversees services for children and adults with disabilities, has taken action to end abuses or close down these facilities. As part of this investigation, DRI has visited five of 25 facilities on the blacklist. One of the first facilities we visited, Casa Esperanza, was so abusive that DRI filed a formal complaint to DIF and sought immediate action by DIF to protect detainees. We observed children and adults locked in cages, tied down or left permanently in cribs, and living in squalor. The director of the facility reported that women and girls in the facility were sterilized because he could not protect them from sexual abuse. When DRI returned nearly a year later in 2015 with the assistance of the Mexico City Human Rights Commission, we found that DIF had taken no action and abuses had not been remedied. In addition, we learned that some detainees were placed in the facility with no legal identity papers, and some of the women were being repeatedly sexually abused in the facility by staff and others. When I was in Casa Esperanza, D. a repairman, took me to a shed, pulled down my pants and raped me. It hurt. – Rescued woman from Casa Esperanza DRI takes the position that the detention of persons who are then sexually exploited or forced into work constitutes a form of sex trafficking under international law. The residents of Casa Esperanza deserve justice – and immediate protection from continued abuse within Mexico City’s service system. Unfortunately, this case demonstrates the total lack of any humane community-based alternatives to Mexico’s abusive institutions. Unable to reintegrate these people into society, the authorities have simply dumped the survivors of Casa Esperanza into other locked facilities. As this report demonstrates, even the institutions that are not on the local authorities’ blacklist are very abusive. For example, one boy who survived Casa Esperanza was transferred to Casa Hogar de Nuestra Señora de Consolación para Niños Incurables, a facility where some residents are kept permanently in cages. This is one of the cleaner facilities we visited, with well-meaning staff. Yet, without meaningful forms of habilitation, treatment, or professionals on staff – and without any human rights protections – people detained in this facility who present any form of difficulty to staff are simply locked in cages. According to staff at this facility, “we keep people in cages because they can hurt themselves or others if they go out.” Under international law, people who have been subject to torture have a right to reparations from the State. The government of Mexico clearly knew about the torture taking place at Casa Esperanza and did nothing. Yet rightful compensation is secondary to the immediate threat that these individuals face: detention in other institutions. Even if relatively clean and well-run facilities could be identified, these individuals would be separated from society and would lack the opportunity to make their own friends, have a family, or make basic choices about their lives. Such segregation of persons with disabilities has now been banned by international law. And the UN Special Rapporteur on Torture has stated that the emotional devastation of being separated from families may also violate the Convention Against Torture. Disability Rights International No Justice iii The Special Rapporteur draws the Government’s urgent attention to the deplorable conditions at the Social Assistance and Integration Centre that he visited in the Federal District. Despite the admirable work being done by the Centre’s staff with very limited resources, there are persons with serious disabilities and chronic unmet medical needs who have been living there, some of them for over 20 years, in insanitary conditions and a state of abandonment, with little likelihood of rehabilitation. These persons receive social assistance and little else; they have no health care and there are no safeguards for the prevention of torture and ill-treatment. – UN Special Rapporteur on Torture2 Survivors of Casa Esperanza face the prospect of even more egregious forms of the mistreatment, torture, and abuse that run rampant in institutions in Mexico City. They may be tied down, caged, sexually abused, trafficked, and denied the opportunity to have children – just as all other detainees. The dangers faced by Casa Esperanza survivors are the very same dangers to which all children and adults with disabilities are subject when they are detained by the City of Mexico. The story of Casa Esperanza is not unique. In 2014, there was tremendous international press attention focused on a massive case of abuse at La Gran Familia (commonly known as Mamá Rosa) facility in Michoacán. Some 596 children and adults were rescued form this highly abusive institution. Despite all the public attention they received, community placement for survivors with disabilities is unavailable in Mexico. DRI has found that many of the survivors of Mamá Rosa remain institutionalized in other facilities. Survivors of Mamá Rosa also deserve justice. Without the creation of safe, humane, community-based housing and support for people with disabilities, survivors of Casa Esperanza and Mama Rosa face the prospect of continued abuse. Without reform, there can be no justice. The lack of publicly available community care for people with disabilities in Mexico City or anywhere in the country is inexcusable given the tremendous international attention this issue has received – including condemnation by United Nations human rights authorities. DRI first documented these problems in 2000, with the publication of our report Human Rights and Mental Health: Mexico (DRI reports are available at www.DRIadvocacy.org). Following the release of that report, the government of Mexico brought the concerns of people with disabilities to the United Nations and sponsored the resolution to draft a new UN Convention on the Rights of Persons with Disabilities (CRPD). By sponsoring the CRPD, Mexico made an important contribution to international law and the rights of persons with disabilities. But Mexico has not implemented these rights for its own citizens who are detained in institutions. In 2010, Disability Rights International (DRI) released the report Abandoned and Disappeared: Mexico’s Segregation and Abuse of Children and Adults with Disabilities. This report detailed the continued abuse and segregation of people with disabilities in Mexico, even after the country ratified the CRPD. In 2014, the Committee of the United Nations Convention of the Rights of Persons with Disabilities (UN CRPD Committee) urged Mexico to realize its international obligation to end this segregation. In 2015, DRI released Twice Violated: Abuse and Denial of Sexual and Reproductive Rights of Women with Psychosocial Disabilities in Mexico. DRI’s most recent investigation in Mexico City reveals that, despite heavy international pressure, there is still a lack of oversight and accountability of custodial institutions for children in Mexico City. Mexico 2 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/28/68/Add.3, (29 December 2014), Juan E. Méndez, para 75. Disability Rights International No Justice iv has failed and continues to fail to fulfill its most basic obligations under international law toward a vulnerable population. DRI and our partners for change in Mexico, such as the Colectivo Chuhcan, the country’s first organization run by people with psychosocial disabilities, now demand immediate steps to enforce the basic human rights of people with disabilities.3 Justice requires a fundamental shift away from the institutional model. Change is possible – people with disabilities have demonstrated around the world that they can live good and meaningful lives as part of the community. Change begins with the government’s creation of housing and community-based supports for people with disabilities, as well as an end to torture. Justice depends on such reforms – including compensation to victims and prosecution of individuals involved in trafficking and abuse of people with disabilities. This report outlines how Mexico can take steps toward reform and justice. 3 This report documents the detention of people with all types of disabilities in institutions, including children and adults with mental, physical, or sensory disabilities. People with mental disabilities include those who have a psychiatric diagnosis (also referred to as a psychosocial disability) or an intellectual disability. We have documented abuses against any person detained in these institutions based on a perception that they have a disability – whether or not they are actually disabled. Since all children detained in institutions are at higher risk of becoming disabled, we have broadly included institutionalized children in this report. Disability Rights International No Justice 1 NO JUSTICE: TORTURE, TRAFFICKING AND SEGREGATION IN MEXICO I. Introduction A. The “Blacklist:” No Oversight or Accountability DRI’s recent investigation into the Mexico City “blacklist” is based on a confidential government document dated November 2013 and from information obtained through on-site visits to “blacklisted” institutions. Between 2009-2013, government authorities of the Institute of Assistance and Social integration (IASIS), under the authority of the Social Development Ministry, reviewed 76 institutions, shelters, and group homesthat offer services and care to children in Mexico City. They identified eighteen facilities posing grave risk to children and five others in which authorities have already begun investigating abuses. There are a total of 25 institutions on the “blacklist” in which there are serious risks to children. Out of these, DRI has visited five. The confidential document recommended that authorities review the status of these institutions and prohibit them from accepting minors into their care. DRI investigators visited Internado Binet; Fundación Renacimiento de Apoyo a la Infancia que Labora Estudia y Supera; Asociación Mexicana Pro Niñez y Juventud; Rios de Misericordia and Casa Esperanza.4 At four of these five facilities, we found serious human rights violations. A brief summary of findings are attached as appendix 2, and Casa Esperanza is described in detail below. Rios de Misericordia is the only facility we visited that had been shut down. There is no evidence as to where its former residents have been placed. This raises serious concerns about possible trafficking or further abuse. It is clear that all major government departments responsible for supervising and regulating child services have knowledge of the “blacklist.” They are all copied on the November 2013 document and are working in partnership to identify and “supervise” these institutions. These departments include: the Mexico City Attorney General (PGJDF), the Mexico City department of family development (DIF-DF), the board of Private Assistance (JAP), the Secretariat of Social Development (SEDESOL), and the Institute of Assistance and Social Integration (IASIS). DRI site visits found the “blacklisted” institutions continue to be unsupervised and unmonitored. This is particularly concerning given the gravity of the abuses found by authorities at these institutions, corroborated by DRI visits. These abuses include inhuman and degrading treatment and torture, forced sterilization, complete lack of treatment or rehabilitation, and high death rates. There is no doubt that these institutions pose severe risks to children and adults – yet they are allowed to remain in operation. Authorities continue to allow the state DIFs to send children into some these dangerous facilities. II. Abuse and Exploitation at Casa Esperanza A. Exposing a “Blacklisted” Facility: Findings at Casa Esperanza DRI visited Casa Esperanza, a “blacklisted” institution in Mexico City, in June 2014 and again in May 2015. DRI documented grave human rights abuses against the 37 people detained in this facility. Casa Esperanza is a privately operated institution located in a residential section of Mexico City. The Director 4At Internado Binet, 52 people are detained with a psychiatric diagnosis and we found eight people permanently restrained in wheelchairs. At Fundación de Renacimiento, 60 people, including 10 adults and 50 minors, live in close quarters. Asociación Mexicana Pro Ninez houses 40 people, half of which are minors.