Expulsions of human rights and foreign aid workers from Chiapas has increased recently. If you are doing this kind of work in Chiapas, you should take certain precautions and be prepared for your possible detention and expulsion.
1) Before you arrive in Chiapas, develop a plan. How will you and/or your group respond if you are taken into custody? Who will you call? How will you mobilize on the level of grassroots support, official support, Congressional support (both US and Mexican), and media? Contact a Mexican attorney who will be prepared to file an amparo (temporary restraining order) on your behalf as soon as you are taken into custody.
2) Always carry, on your person, your passport, visa, and a list of emergency phone numbers including an attorney, Mexican human rights institutions in San Cristobal and Mexico City, media contacts in Mexico and the US, institutional contacts in Mexico and the US, family, friends and the US Embassy. Upon your arrival in Chiapas, provide a trusted Mexican institution with a copy of your passport, your list of phone numbers, and your itinerary.
3) Never travel alone. Never agree to get into a car with a Mexican government official without notifying your traveling companion(s). Ask where your being taken and, if possible, have your friend(s) follow you. Donít allow officials to rush you. Take your time and make careful and thoughtful decisions.
4) Always carry, on your person, a notebook and pen. If you are taken into custody, take copious notes, noting even details that may not seem important. Write down the name and position of every official who comes in contact with you. Note the exact times of every activity. Note automobile makes and models and license plate numbers.
5) You have the right to an attorney. Do not answer any questions until you have the presence of an attorney of your own choosing. You have the right to a translator if you do not speak fluent Spanish. Do not answer any questions until you have a translator of your own choosing. It is always better to insist on conducting the interview in your native language. This makes the process of expulsion more difficult because officials will have to translate your interview into Spanish. It also allows you to be very precise in your answers.
6) Do not offer physical resistance to any Mexican official, but question the reasons for every demand from those officials. If you do not receive satisfactory answers, note this in your notebook.
7) Do not sign anything. Officials will often try to trick you into signing documents by saying that you have to sign in order to receive a copy of the document, or if you donít sign there will be consequences. There is no possible scenario in which your signature on a document will help you. You have the right to a copy of your interview without signing for it and you should insist on a copy.
8) If you agree to answer questions, do not lie. If you feel uncomfortable about providing an answer, simply refuse to answer, but do not lie. If the government plans to expel you, they have probably decided this ahead of your detention, and no amount of cooperation will keep you from being expelled. In fact, your cooperation in answering questions may give them more concrete reasons for your expulsion. You are under no obligation to answer any question, especially any question that is not directly related to your current presence in Mexico. From the perspective of the Mexican government, the interview is an exercise in intelligence-gathering. They will be especially interested in contacts you have in indigenous communities, the source of financing for your work, details about your work, etc. You may feel comfortable answering these questions with what you consider "publicly available information," but remember that government officials may not be aware of this information. Almost any information you provide will be useful to the government, either now or in the future.
9) You have the right to contact the US Embassy, and you should as soon as possible. The Embassy will track your whereabouts, but be under no illusions that the embassy will represent your interests. In fact, the embassy has taken the position that Mexico has the right to expel or deport any foreigner at any time for any reason, without regard to legal procedures as outlined under Mexican law. The embassy may ask you to sign a release giving them the right to provide information about your case to family, friends, the media, etc. It is recommended that you sign this document. If you donít the embassy cannot answer media questions or demands for information from members of Congress, and can hide behind the fact that you will not allow them to provide information about your case. However, donít be under an illusions that the embassy personnel are your friends. They may be concerned about your treatment while in custody, but probably will not be interested in very much beyond this. Do not take embassy advice at face value. Always double check with an attorney of your choosing before taking any action recommended by the embassy.
10) When in custody, you have the right to access to a telephone. Prioritize your calls ahead of time so that you make the most important ones first.
11) As a general rule, do not allow officials to dictate the pace of your activities while in custody. Always take time to think before you act or before you answer a question. Do not be afraid to question every demand made on you while you are in custody. At every opportunity demand the presence of a lawyer and access to a telephone and the US Embassy.
12) If you are denied any of your rights or if you are mistreated during your detention, prepare a written report and send it to the United Nations High Commission on Human Rights, Amnesty International, and the Comision Nacional de Derechos Humanos in Mexico City.
13) If you are expelled or mistreated in any way, fight your case with every resource available.
Important contacts and phone numbers:
- * Fray Bartolome Center for Human Rights, San Cristobal de las Casas: 967-83548
- * Enlace Civil, San Cristobal: 967-82104
- * US Embassy, Mexico City: 5-207-4886 or 5-209-9100
- * La Jornada, Mexico City: 5-728-2900
- * AP, San Cristobal: 967-85127
- * AP, Mexico City: 5-726-9140
- * National Public Radio, Mexico City: 5-553-0902
- * Washington Post, Mexico City: 5-658-7685
- * Los Angeles Times, Mexico City: 5-546-2112
- * CNN, Mexico City: 5-545-4026
- * US Congress (both House and Senate): 202-224-3121
In addition, have numbers for:
- * A Mexican attorney of your choosing
- * Organizational and personal contacts in US and Mexico
- * Your hotel