The Garcicrespo case

On March 30, 1995, airplane pilot Eduardo Torres Garcicrespo was on his way home when two police patrol cars carrying four patrol officers began to chase him. Their supposed motive: his car was missing the front license plate. Torres did not stop, fearing he would be another victim assaults and kidnappings often carried out by police officers. The police began shooting at his vehicle. When Torres arrived at his parents' home, one of the officers got out of his car, walked to the driver side of Torres' car, and shot him in the eye. The four officers fled the scene.

All four officers were later convicted of homicide and abuse of authority by a Mexico City criminal court, and were sentenced to 36 years. The sentence was increased to 50 years on appeal. However, in February 2000, the officer in charge of the group, Sub-commander Luis Hernández Barrera, had his murder conviction inexplicably reversed on appeal and his sentence for a lesser conviction dramatically reduced even though he planned the operation, shot at the victim while fleeing prior to his murder, and later suppressed evidence and helped the officer who fired the fatal shot to evade justice for ten months. In June 2001, another of the officers was given similar generous treatment by the same court.

As the Garcicrespo family pursued justice in the case through legal means, they were subjected to threatening phone calls, surveillance, break-ins, and other forms of intimidation in which elements of the patrol police appear to be implicated. There is a legitimate fear in Mexico that the connections between the corrupt officers and those on active duty might pave the way for these previously convicted officers to be rehired in another state or jurisdiction in Mexico, and once again hold a badge and gun.

The Garcicrespo case is a dramatic illustration not only of police abuse, but of the impunity that abusive police enjoy in the criminal justice system. It crystallizes the public mistrust of a police force that cannot protect citizens from crime and a judiciary that will not punish crime effectively. The justice system that cannot guarantee the vast majority of Mexicans the right to adequate counsel and the right to be free from arbitrary detention and mistreatment by police investigators also allows the impunity of state agents. As Mexico addresses its long overdue need for police and judicial reform, these extreme but all too common forms of corruption must be placed squarely on the agenda.