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Chapter 1: Extortive Kidnapping in Mexico:

Possible Mitigation Strategies

Introduction

“Panic, loneliness, tremor, fear for the loss of one’s life and dignity… those are

the feelings of a person who has been kidnapped” (Mondragon, 2004).

Due to the increasing popularity of the kidnapping crime in Mexico this paper

will define kidnapping, explain how the kidnapping process typically occurs, and explore

the different ways to mitigate this criminal threat in Mexico, focusing more on the

personal security level as well as government level. The growth of kidnapping as one of

the most lucrative criminal enterprises in Mexico is facilitated by a challenged national

economy and ineffectual law enforcement. The business of kidnapping is no longer just a

crime, but a growing industry of violent crimes.

Kidnapping is defined as when a suspect illegally holds his victim captive, that is,

against the will of the victim. The victim is most commonly referred to as the hostage.

The hostage is then held against his will for reasons such as: The sale of the victim’s

body organs in the black market, for political reasons, the looting of personal processions

that he carries at the time of the abduction, forcing sexual activity upon the person.

Today, in Mexico, hostages are most commonly held for ransom. A ransom is usually a

large sum of money requested by the hostage-takers in return for that hostage.

Kidnapping as one of the most common and lucrative crimes in the country of

Mexico, is worth studying in order to discover the economic reasons for the frequency of

kidnapping and its taking into consideration in order to argue whether mitigation

strategies should take place on a personal physical security and government level.

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Mexico was believed to have the second greatest amounts of kidnappings in the world or

so sources pointed out, but in more recent articles that has changed; Colombia, which was

ranked first, is no longer in the first place. The focus of this research on Mexican

kidnappings is due to the fact that Colombian kidnappings and their results have much to

do with drugs and politics. Mexico seems to have a different challenge, one of economic

difficulty and heavy corruption.

The word “kidnap” is derived from kid meaning “child” and nap meaning “snatch”,

which was used during 1673 when children would be snatched to work as servants and

laborers in American colonies. The original definition of kidnap is when a person is held

illegally against their will, consent, or approval regardless of their age or even if they are

held for any type of ransom. Other forms of illegal capture since 1978 were abductions

that happened during war between two or more countries (Kidnapping, 2006). Today

these abductions are known as Prisoners Of War (POWs). Others include war criminals,

like for instance Saddam Hussein. As observed, a hostage or victim of a kidnapping is a

person held by a captor or group of captors, who use the hostage as a tool for negotiation

against another party which could potentially be a relative, employer, or even a

government.

Negotiations can relate to acts that the captors disagree with to some extent,

negotiations are known to be terminated when an ultimatum, one that is issued by the

captors, has expired (Gravino, 1999). An ultimatum is a demand accompanied by a threat

to inflict some penalty if the demand is not met. If the ultimatum is not met then the

hostage will suffer the consequences of the opposing party’s failure to act.

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Chapter 2: History of Kidnapping

In order to understand the basic concepts of the market of kidnapping in Mexico,

a focus on the history of such must be presented. The history of kidnapping dates back to

biblical times, more precisely is the story of Jacob’s son Joseph whose brothers sold him

to the Egyptians for 20 shekels. Even before biblical times and towards the year 1500 BC

piracy had planted its roots in Egypt, Sicily, Libya, Greece and constituted to its growth

in the high seas. Kidnapping gained recognition as a means of extortion was well

established by then. Other instances surface that can be recalled as popular moments in

history that much of the public is aware of; first, there is Homer’s Iliad where Helen wife

of Menelaus is kidnapped by prince Paris of Troy. Menelaus comes ashore the coasts of

Troy in what is perhaps one of the most famous kidnappings in the history of mankind.

Menelaus is determined with his armies to acquire his wife back which eventually leads

to the destruction of the city of Troy through the use of the famous Trojan horse. A

second instance is the kidnapping of Julius Caesar in a Mediterranean island by Sicilian

pirates. The pirates demanded 30 talents of gold. Caesar, under captivity, insisted that

they ask for 50 talents of gold instead. When the ransom was paid and Caesar released,

Caesar not only captured the pirates who had kidnapped him, but decapitated them as

well (a decapitation he had promised the pirates which they took as a joke). During the

famous Crusades kidnapping was present as well with the capture of Richard I of

England, who paid 150,000 marks for his release (Breve Historia del Secuestro en El Mundo,

2006). Kidnapping continued to show itself through the 16th and 17th century in the

Mediterranean. One example is the kidnapping of Miguel de Cervantes Saavedra, the

famous author of Don Quixote de la Mancha, who was under captivity for a long time

after the battle of Lepanto. In China, a “shanghai” which means kidnapping was very

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popular. Victims would be drugged and forcefully made to board merchant vessels that

specialized in slave trafficking. Later in 1918, czar Nicholas II was kidnapped and

murdered along with his family in Russia.

One of the most famous kidnappings of the century took place in 1932. The child

of famous pilot Charles Lindbergh, Charles Augustus Lindbergh III, was kidnapped and

murdered. The child was then only 20 months old. The kidnapper was identified as Bruno

Hauptmann and was executed on April 3, 1936.

Despite the attributes that history has given on kidnappings like for instance:

slavery appeared on the new continent kidnapping was already around, but not with the

ransom methodology that hostage-takers use today. Slaves were a precious commodity all

throughout the Americas. Landowners would steal these slaves by kidnapping them from

their former owners at the time of abduction. A monetary value was placed on the heads

of these people. When slavery was abolished and legally terminated the kidnapping

concept evolved into a more complex set of ideas as to what an abduction’s purpose was

for. When slavery was around the purpose of kidnapping a slave was to keep him as a

servant, again a precious commodity for landowners, who would use their forced labor to

enrich themselves. These slaves would then work on the field or provided domestic

services.

According to Jimenez Orchard, “slavery has as its base the ignorance of the

spiritual nature of the man and the equality of his ancestry, and negation of the human

brotherhood”. Orchard implies that the spiritual nature of man is benevolent and that

kidnappers do not believe in racial equality. However, when Orchard refers to the

“negation of the human brotherhood” I believe it is open to question. The origin of the

kidnapping, as it is possible to conclude, comes from the forced-taking of people, turning

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these to slaves. This way they could be sold, obtaining a monetary compensation or

servitude on the part of the owner and his successors by many years. The robbery of a

slave was possible, which was more like a primitive revenge, were competing landowners

would kidnap slaves from each other. During the Roman Empire this practice of stealing

slaves was normal and was known as "plagium"; know as “plagio” in the Spanish

language, a synonym for stealing and maintaining under forceful captivity (kidnap).

When referring to the basic history of kidnapping in Mexico, it is not a very long

one, but yet it remains interesting. In 1997 there were 998 reported kidnappings in

Mexico; later in the first five months of 1998 there were 450 reported kidnappings.

However, roots for the kidnapping business’ growth stem from one significant

kidnapping. In 1994, Alfredo Harp Helu, a Mexican Billionaire and ex-owner of the

largest bank in Latin America (Banamex), was kidnapped. The kidnappers requested the

sum of $30.2 million (in U.S. dollars) for his return (Gravino, 1999). It was a successful

ending like this one, where the kidnappers actually got the quantity of money that they

demanded, that received blame for the exponential growth of this crime in Mexico in the

years to come. From this moment on Kidnapping was seen as an easy, low risk business

with high profitability, a business where getting caught still made it tough for police to

file evidence against criminals. Shopping for victims has been made easier with websites

like Forbes Magazine where it is possible to find financial information of potential

victims ranging from millionaires to billionaires. In Mexico, the frequency of this crime

is very high, the numbers speak for themselves.

In Mexico there are different groups that operate and use kidnapping as a tactic

against the Mexican government as a tool of terror. Some of these groups with links to

kidnappings are the Popular Revolutionary Army (EPR), Insurgent Popular

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Revolutionary Army (ERPI), Zapatista Army for National Liberation (EZLN), Forces of

National Liberation (FLN), and Revolutionary Armed forces of the People (FARP). Most

of these groups are composed of the lower classes and have little or no respect for the

Mexican bourgeoisie, further fueling their desire to commit the kidnapping crime against

them (Moran, 2003).

The problem of Mexico is definitely an economic one, followed by corruption,

along-side the growing gap between the rich and the poor. This paper will define

kidnapping and explain its operation in Mexico, then explore significant traits between

the socioeconomic elements and increasing popularity of the crime. In the end there will

be a well rounded thesis explaining every part of this innovative business that seems to

grow more and more every day. The explanation of how the problem works will be soon-

after followed by possible solutions that can be used in order to mitigate the kidnapping

crime.

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Chapter 3: Mexico’s Challenged Economy

Imagine the following scenario: Mr. Carlos Dominguez, a high profile banker, has

just left work. Inside his vehicle and on his left is one of his bodyguards on his right sits

the second bodyguard and not to mention his third bodyguard who was already waiting in

the heavy armored Chevy suburban. As Mr. Dominguez enters the vehicle, the chauffer

bodyguard notices that the tank is low on fuel and decides to stop for gas. The Suburban

heads for a nearby gas station. Upon arriving at the gas station the driver opens the gas

cap for the employee at the pump.

Within a few minutes police arrive at the scene to make sure Mr. Dominguez is

fine. Nothing out of the ordinary, his bodyguards forgot to contact the company that

tracks and monitors the vehicle’s movement directly from Mr. Dominguez office to his

house. The alarm was triggered when the vehicle took the detour towards the gas station,

a turn the vehicle was not scheduled to take, a potential threat and possibility of

kidnapping could have been the result. Thanks to the monitoring services that security

companies provide, this was just one of many false alarms and potential threats that occur

from time to time in the lives of people who live under constant protection.

In Mexico, these situations are normal, for executives with high profiles, who are

constantly being monitored by kidnappers. This is the environment in which people with

many resources must endure through their entire lives in Mexico. One fact is that there

are not as many rich people as there are poor, a problem for Mexico. Since kidnapping is

a low risk crime that creates a money making opportunity favored by poor people.

Mexico is not a rich country, and has one of the biggest cities in the world, Mexico City.

Poverty is one of Mexico’s biggest problems as the map in Figure 3.1 depicts. Most of

the central and south part of Mexico fall under extreme poverty. Exceptions are the

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district of Guadalajara and the Mexico City area along with all the northern districts like

Baja California South, Sonora, Chihuahua, Coahuila and Tamaulipas. Even though

Mexico has a total GDP of 1.067 trillion dollars it fails to have an appropriate distribution

of wealth (Central Intelligence Agency, 2006). The $10,000 dollar per capita GDP that is

estimated towards Mexico is not a real one. The fact is that it is offset by all the rich

people whose earnings surpass those of the poor and significantly causes this national

GDP per capita average to rise.

Figure 3.1 Predicted Poverty Statuses in Mexico, 2000

Source: (Poverty Mapping in Mexico, 2000)

According to a 2004 report regarding the poverty levels in Mexico, it was found

that a significant reduction in poverty was evident from a 24.2% to a 20.3% for people

living in extreme poverty. For people who live in moderate poverty, from 53.7% to a

51.7% .

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In the 1995 crisis that Mexico’s currency suffered there was a significant increase

of people living in extreme poverty from a 21% in 1995 to a 37% in 1996. Between 1996

and 2002 extreme poverty was reduced by 20%. Due to international subsidies that were

appointed to the poorest sectors of the Mexican population between 2000 and 2002

extreme poverty was reduced again. The study points out an important fact; 44% of the

indigenous people in Mexico can be found in the most remote and extremely poor areas

due to their low wages. These indigenous people are also deprived, at least in some way,

of health services, education, and access to basic services (i.e. water and electricity)

Despite the instability of the Mexican economy and its challenge to provide a respectable

lifestyle for its citizens public spending improved from 8.4% in the 1990’s to 9.8% after

2000 (Banco Mundial, 2004).

In 1994, Mexico suffered an economic crisis that changed a future that Mexico

would face. At the end of 1993, international monetary reserves in Mexico stood at 24

billion which accounted for a 25 percent increase from the previous year. The North

American Free Trade Agreement (NAFTA) introduced foreign investment into Mexico

and allowed state owned companies, once restricted to national ownership only, to have

foreigners purchase them. NAFTA was yet to be signed, until January 1, 1994 between

the United States, Canada and Mexico. Mexico’s economy was regarded as flourishing

by international community and even called Mexico the next 1 st world country, but the

inexperience of the government took its toll. Later in December 20, 1994 the Mexican

government devalued their currency, the Peso, by 15 percent, in an attempt to halt the

overvalued Mexican peso (The Mexican Peso Crisis Constituent Pressure and Exchange

Rate Policy, 1997). This attempt failed and pegging to the United States dollar was

removed and the currency was allowed to float on its own since the deficit could not be

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corrected. This action was detrimental because it brought unemployment up by 6% and a

decrease in Mexico’s Gross Domestic Product (GDP). As Figure 3.2 shows the crisis

would eventually be caused by insufficient international reserves in Mexico’s Central

Bank.

Figure 3.2 Mexican International Reserves, 1993-1994

Source: (Whitt, 1996)

Unemployment caused poverty levels to increase. The crisis brought reduction in

employment which in turn increased poverty, also triggered by a depreciated currency

and increases in credit accounts. Poverty directly caused crime rates to increase.

Employment sources fell as companies who suffered from the crisis cut back on labor and

caused significant unemployment rates. From this data it can be presumed that people’s

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basic needs were infringed and therefore a select few found a possible solution to their

financial needs: Kidnapping for ransom.

Although poverty plays a major role in the kidnapping business, as this thesis

proposes, it is not the only reason for this type of crime. Kidnapping as a low-risk crime

in Mexico and is not only due to the fact that poverty and a misdistribution of wealth

exist, but police involvement is much to blame for. An obvious distrust of the police is

one of the biggest problems throughout Mexico. Police are often found guilty of

participating in many kidnappings. Corruption among the Mexican police force is by

large one of the biggest problems.

In recent data through interviews on Mexican police it was found that most of the

policemen in the workforce join because of the monetary gain through illicit actions on

and off duty. Articles in the newspaper never lack a story where police officers are often

found guilty for a crime or in the involvement on a kidnapping case. Policemen are often

found kidnapping civilian car drivers and introducing drugs in their vehicles. These

civilian drivers are then asked for money in return for their liberty after being deliberately

framed by police (Lopez, 2005). Captors who manage to capture their desired targets also

manage to gather intelligence from police officers who do a better job at collecting such

information because they might have a special bond with for example, employees of the

victim, or know the victim’s daily routine. Sometimes police officers are simply paid-off

by captors; therefore any investigation leading to the kidnapping will end in the capture

of these police officers. As CBC news said, “Corruption has reached a point where it’s

often difficult to tell the police from the criminals.” This is no surprise to many citizens

in Mexico specially those who live in Federal District (also known as Mexico City).

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Kidnapping cases are very publicizes throughout Mexico and the media is quick to draw

news on any recent kidnappings where the kidnappers have turned out to be police

officers. The problem of police corruption is big, as CBC news continues to say: [“It's a

gigantic problem," Aguayo says. "He inherits a force that is totally inefficient, the result

of 70 years of corruption. You have to change the very heart of the police."] Aguayo

intends to say that it is a cultural problem, one that the Mexican government has not

taken serious steps to resolve. Corruption among the police force is normal and citizens

are afraid to report kidnappings to police, be it during or after a kidnap situation. It is

very hard to come up with numbers when it comes to corruption alone in the kidnapping

crime, but overall there are estimates that show corruptions patterns in Mexico, Figure

3.3 depicts such data.

Figure 3.3 Corruption Estimates in Mexico, 2002

Source: (Cause for Murder & Transparencia Mexicana, 2002)

Although the data gathered shows bribes given to officials in all 38 different public

services it does not include detail pertaining to the police force. The map does show one

interesting fact that must be pointed out. Corruption is at its worst in Mexico City, with

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22% or more corruption, and where 2 out of every 3 kidnappings take place. Guerrero,

Puebla, Jalisco and Michoacan states follow in corruption levels after Mexico City.

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Chapter 4: Problem Chapter

The Kidnapping Operation

A false sense of security among individuals is common in the country of Mexico.

This is the situation inhabitants in the country of Mexico live through every day. Mexico

is a country where people fear reprisals by their own police force. Police are often

involved in many kidnappings, something that is an old custom, according to general

public in Mexico. The media in Mexico never fails to report cases where the police

officers were involved in the same kidnappings that they were supposed to investigate.

Kidnapping has become a problem of huge dimension in Mexico.

In this chapter kidnapping will be defined, operational procedures of kidnappers

will be explained, and the actual kidnapping event examined. Things change drastically

though when a person’s right to freedom is taken away by another person. Merriam

Webster’s online dictionary defines kidnapping as “to seize and detain or carry away by

unlawful force or fraud and often with a demand for ransom.” Another source, The New

Oxford American Dictionary, defines kidnapping as to “take away illegally by force,

typically to obtain a ransom” (Jewell and Abate, 2005). In the introduction of this thesis

the concept and definition of kidnapping was discussed as including the taking away of

freedom from a person. However, there are many legal and social definitions of

kidnapping. Kidnapping can also be defined as:

The crime of stealing a person, formed by the words kid (child) and

napping (stealing). The idea is ancient and can be found in Genesis 37: 18-

28, where Joseph was taken by his brothers and sold into slavery for 20

shekels. Kidnapping includes stealing, adducting, or carrying away a

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person by force or fraud, often with a demand for ransom. (Shally-Jensen,

2005)

Mr. Luis Ochiuzzi Agrelo, an inspector for 25 years in the Argentine Police, who

is now retired, has written a guide to anti-kidnapping in which he defines kidnapping as:

Kidnapping: means catching and keeping in an enclosed location civil

servants, businessmen, politicians, trade union leaders, military men,

civilians, or their relatives so as to get, by depriving them of their freedom,

different aims, which can be political, economical. (Ochiuzzi, 2003)

After defining kidnapping, Mr. Ochiuzzi makes a very important point which is perhaps

crucial to any person who wants to avoid getting kidnapped. He continues:

In fact, it is necessary to know the methods used by the kidnappers and the

appropriate measures that might be adopted for the sake of protection with

the aim of reducing, neutralizing or voiding their action. (Ochiuzzi, 2003)

Defining kidnapping is an arduous task because kidnapping takes many forms and

involves different people, be it a businessman or any military personnel. Although both

of these definitions are very basic, they are not always true for every case. For example, a

kidnapper does not always ask for ransom, as is in the case where kidnapping are

committed for political objectives. However, the definition of kidnapping for ransom fits

perfectly in Mexico as most kidnappers demand ransom from their victim’s family. A

trend that is seen in criminal kidnapping groups inside Mexico (see Table 4.2)

Kidnapping is one of the most popular and lucrative crimes in Latin America, but

what makes it so common in Mexico is the monetary benefit obtained rather than any

political objective. Another important fact is that as of 2005 Mexico has surpassed

Colombia in the number of kidnappings per year (CNN, 2005). Mexico is now the king

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of the kidnapping business in Latin America. The numbers of kidnappings for ransom

continues to grow in Mexico, while a decrease in this type of kidnapping has taken place

in Colombia. Colombia suffers from kidnappings; however, a wide majority of their

kidnappings are mostly political in nature.

Comparisons must be made between these two countries (Mexico and Colombia)

in order for the reader to understand that Mexico is not the only country that suffers from

this problem, but at the same time the intention is not to misalign the contents of this

thesis by making such comparisons. After all kidnapping as it happens in Mexico is the

focus of this thesis. The following chart (Table 4.1) is evidence of Mexico being the

leader in the number of kidnapping for ransom with a mean settlement of over $500,000,

wherein comparison to Colombia with only $127,000 per extortive settlement.

Table 4.1: Ransom Settlements by Leading Countries

Source: (Briggs, 2001)

As this chart shows, after Mexico and Colombia, the Philippines ranks third in

ransom mean settlements with $59,033 and the Brazil is fourth and last with $31,944.

Colombia is known more for political kidnapping than kidnapping for ransom, as the

evidence is shown in (Table 4-2):

Another clear distinction must be made between domestic and non-domestic

kidnapping. A victim does not need to be removed from his home, normal living quarters,

or working place in order for such a case to be considered kidnapping. For instance, if an

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individual is held captive within his own home or office, the person’s free will and

movement is being restricted. Snatching a person from his home, normal living quarters,

or working place and relocating the victim to another location is a method captors use

gain operational control of any kidnapping operation.

One can conclude that kidnapping has a variety of definitions determined in regards to

circumstances and motivations of the individual kidnapping. The definition that will be

used in this thesis as regards the nature of kidnapping for ransom is the following:

Kidnapping is depriving an individual from his/her freedom in any way and with

the final goal of requesting payment (extortion) in return for their freedom. Not always is

kidnapping for ransom payments. For instance, in Colombia it is a different story because

guerillas like the FARC are willing to go farther to accomplish political aims through

kidnapping. Chart 4-2 further serves as evidence of the different types of groups that

operate in the confines of the different countries that are affected by the kidnapping

crime, more importantly in Mexico.

Table 4.2: Kidnapping Groups by Country

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Source: (Briggs, 2001)

Regardless of the aims, kidnapping deprives an individual from his/her freedom,

regardless of the victim’s race, creed, color, political beliefs or status, economical

background, or other distinct quality that the victim holds. Kidnappers normally do not

discriminate, today anyone is a potential target in Mexico. Now that kidnapping has been

defined, its actual operation as well as the process of victim selection by kidnappers in

Mexico can now be explained.

Capturing the Targeted Victim

When a person is kidnapped for ransom there is no single factor that makes that

person the perfect victim. Potential victims are always rich, unprotected, and sometimes

well-known among society and according to kidnappers, willing to pay a ransom amount.

These victim’s are considered soft targets based on their lack of protective measures.

When it is implied that a victim is rich the perfect victim also includes the son, daughters,

nephews, nieces and grandsons of rich people because they are considered extensions of

the family’s wealth.

Poverty, after the Mexican Peso Crisis, brought the need for kidnapping. As

Chapter 2 explains, in 1994 Mexican billionaire Alfredo Harp Helu (See Figure 4.1) was

deprived of his liberty for 106 days.

Figure 4.1 Mexican billionaire Aldredo Harp Helu

Source: (Salon del Empresario en Mexico, 2004)

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Helu, shown in Figure 4.1 after his kidnap, was released after a $32.4 million dollar

ransom was eventually paid to his kidnappers. After this benchmark kidnapping,

Mexico’s future would take an unexpected turn. The crime was considered of relative

ease to execute, was of low risk and unbelievable profits; as the Helu kidnapping had

shown.

In 1996 the police claimed to have salvaged $10 million of the nearly $30 million

ransom (Briggs, 2001). This large sum of money was to be used for the Popular

Revolutionary Army’s (EPR) newest equipment ranging from AK-47s and AR-15 assault

rifles to Heckler & Koch MP5 submachine guns (Gravino, 1999). Thus, the ransom

money was to be used to fund a military revolution within criminal kidnapping groups

that would only serve to strengthen their kidnapping activities. Kidnapping not only

affects the family of the victim, but society as a whole. The vast amounts of money paid

in ransoms allow kidnappers to purchase equipment used to further finance operations. In

the case of Mr. Helu, he was the perfect target because he lacked enough personal

security, distrusted of others, and failed to demonstrate the constant awareness that was

required to neutralize his kidnappers’ plans. Mr. Harp simply did not take the appropriate

security measure for a person of his wealth. The 3 criteria stated previously also came

into play: Mr. Helu was rich, unprotected and well known among society.

The reason for picking a certain candidate from other potential victims is

somehow and in some way they are deemed a success to kidnap these victims over other

potential victims based on their daily observed vulnerabilities. One of the biggest

advantages that a kidnapper has is the collection of intelligence that allows them to run a

smooth and successful operation. Information like important streets, intersections, back

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roads, traffic patterns, and others to name a few, play an important role in selecting a

victim too.

Another reason kidnappers are successful is because they know what to expect from their

victim based on gathered information. With the right intelligence a kidnapper will attain

his objective. It is up to the future victim to spoil the kidnapper’s plans. Spoiling a

kidnapping plan can be achieved through hiring personal security or by being discreet in

their daily activities. Sharing information like office hours, arrival times to one’s house,

and use of a bulletproofed a vehicle must be kept secret, and considered sensitive security

information. The availability of such information on a potential kidnap victim plays as

one of the kidnapper’s key selection factors. Employees like maids, drivers, delivery

men, or other family members must be briefed on the need to protect such information in

order to accomplish an atmosphere of secrecy within a household. Since these people will

likely learn sensitive information it is better to brief them about protecting such

information than trying to withhold it from them. Picking the victim becomes effortless

when kidnappers have established vulnerability in the daily actions of the victim. A

vulnerability allows kidnappers a way around the security of a person, key to a successful

operation.

A plan to kidnap someone seems naturally easy, but this is not so. Criminals, who

plan operations this complex, especially when the ransom that will be demanded is in the

millions of dollars, must make sure that they are not caught. Getting caught could mean

receiving one of Mexico’s longest jail sentences. According to anti-kidnapping law in

Mexico a kidnapper may get a maximum of 50 years jail time for kidnapping. Despite the

severity of the sentence, the law does not appear to deter kidnapping today. As the

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following excerpt from a Jane’s Defense, one of the leading intelligence databases in the

world today, indicates:

…Daniel Arizmendi, who ran a professional kidnapping group with his

brother and son, and was believed to be able to count on the support of

some of his former police colleagues. His practice was to cut off his

victims' ears and send them to relatives to ensure prompt payment of

ransoms. He admitted to conducting 21 kidnappings during his career,

although authorities believe him responsible for almost 200. In 1999 he

was given the maximum sentence allowed under Mexican law of 50 years

imprisonment, and had assets worth more than $10m seized by the state

(Mc Dermott, 2003).

It is a sad reality in the country of Mexico when it comes to the law. Laws in

Mexico must be adjusted to recognize and deter the risk of getting kidnapped, a

possible mitigation strategy that will be discussed in the final sections of this

thesis. Today the laws in Mexico do not guarantee complete safety from

kidnappers and evidence reassures that. Before suggesting any type of mitigation

strategy on a personal physical security and government level it is essential to

understand how kidnappers operate. Digging into their methods of operations and

tactics will enable a better implementation of mitigation strategies in order to fight

this crime which is why the following chapter will focus on such content.

A Kidnapper’s Plan

A typical kidnapper’s plan will now be described in order to better understand

how these assailants operate. First, kidnappers have an advantage over the victim because

there is usually no pressure to kidnap the victim within any period of time. Second, the

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kidnappers will study and know the area where the victim lives. Third, the area will be

very familiar to them. Kidnappers must collect intelligence based on the potential

victim’s habits and movements which should be well-known. The kidnappers will

develop timetables and itineraries, know the habits of the closest relatives like wife,

children, grandsons and any other relatives. They will also know the routines of the maid

or any security service personnel. The maid’s routines can include taking out the trash or

receiving packages at the front door. The security service personnel routines could

include assignment of bodyguard, schedules of that area’s private police unit patrol, or

even of the national police patrols.

The plan for kidnapping is carefully weaved into a project by the kidnappers.

Kidnappers will most often ensure the accuracy of the intelligence they have gathered.

The accuracy of the gathered intelligence can range from exact times to particular actions

the possible victim performs in their daily routines. For example, if the criminals have

identified that their future victim leaves his or her office at 5 pm to go home, the

criminals must prove or double checked that information in order to make sure that the

operation goes as planned. Kidnappers then continue to use tactics similar to those of

terrorists, those known also as insurrection tactics (Ochiuzzi, 2003). Insurrection tactics,

according to Ochiuzzi, includes the use of invisible maneuvers as a replacement and

practice of the actual kidnapping. Such “practices” are held two or three times or until the

plan works in perfect conjunction with the competition of the desired objective.

Most often this invisible maneuver or “practice” is executed under very similar

conditions and by using exact times and similar days of the actual operation. Kidnappers

ensure everything runs according to planned. In a way, kidnappers make sure every

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member participating in the operation knows their role, which helps them avoid

following orders during the execution of the actual plan.

Kidnappers are secretive within their criminal groups and will not reveal or

mention any part of their operation to strangers to avoid detection. Personal physical

security deterrence is the last resort for potential kidnap victims. It must be emphasized,

however, that a person who believes he or she is a possible target of kidnapping, must

take all the necessary security precautions to avoid being kidnapped. These precautions

will be discussed in Chapter 7. Once the kidnappers are sure that the operation has a high

chance of success they will execute their plan. While it is often believed in Mexico that

potential victims are aware of this type of crime and will do as much as they can to

protect. Once the kidnappers have successfully found vulnerabilities that a future victim

is not aware of, there is little to be done. The kidnappers have practiced their maneuvers,

confirmed dates and times in accordance with gathered intelligence, and prepared to act.

Most kidnappings occur when victims leave their office for home. The final stage of the

kidnapping plan concludes with the victim in the kidnapper’s hands.

The Ransom Call?

When it comes to preventing the kidnapping crime, many companies offer their

security services. Ironically they can not always protect the person who pays them to do

so. When protection fails and a victim is captured a negotiation must take place between

kidnappers and the victim’s family whether kidnapping insurance exists or not. Most

companies who offer protection often persuade their clients to purchase kidnapping

insurance, something clients should deem as an investment, not an expense. After

capturing a victim, most captors contact families depending on a properly fit time lapse.

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Longer times could represent the kidnapper’s confidence of not getting captured and keep

police guessing on the victim’s whereabouts (if the police is not involved that is).

According to Emilio Meluk, a Colombian writer for the Presidential Program for

the Defense of Personal Liberty, negotiation is an important factor when it comes to

saving a victim’s life. The victim’s family is where the first contact is usually made,

except in cases where the victim was in the company of another person who is left free in

order to alert the victim’s family or others to the kidnapping. Kidnappers use different

forms of communication to reach the relatives of the victim in order to inform of the

kidnapping. The kidnappers may communicate through letters, telephone calls,

messengers, classified adds in newspapers, and radio communications.

Letters are typed and left near the victim’s home in order to confuse authorities

concerning the kidnapper’s whereabouts. Letters can be left in a specific (after a call is

made to give directions to reach this location), furthermore letters can be left at the house

or office of a relative and another is simply dropping the letter off at the house of the

victim. Dropping a letter at the house of the victim sounds pathetic, but it is used by some

of the smartest kidnappers who weigh the risk of using a traceable phone over the use of

conventional correspondence. Telephone calls, according to Meluk, are becoming less

popular as he describes: “Day to day it is becoming less implemented by experimented

groups” (Translated from Spanish). When making a conventional phone call kidnappers

usually call from public payphones to avoid call tracing. Messengers are classified as the

person who was traveling with the victim at the time of the abduction. Messengers are

also considered group leaders within the kidnapping organization who establish the

demands when making contact with the victim’s family.

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When a person is kidnapped, it is very often that kidnappers will have an idea of

the amount of money that the victim will be ransomed for. This amount of money is

pegged to any information that they have gathered on the victim’s economic status.

According to Meluk (1998), is the finest option to solve a kidnapping. There is no doubt

kidnappers will demand huge ransoms when the victim is wealthy, but they will also

reduce their original ransom demand by up to 70%. In the event that a person is covered

by kidnapping insurance, one must not disclose this information to anyone. This is

because, by having insurance, a person would be more prone to kidnapping since a

ransom payment is guaranteed by possessing ransom insurance. Before any ransom

payment is made a person must seek help from authorities, despite what the kidnappers

have demand, and all serial numbers in ransom money must be recorded. A plan of action

must be pre-established for high profile possible victims (Fisher & Green, 2004).

Making the Ransom Payment

In general kidnappers prefer that payments be delivered personally by one of the

victim’s relatives. Why do they designate a family member to deliver the money?

Kidnappers believe they will have more control of the situation because of the family

member’s relationship to the victim and the risk of a surprise attack and can also control

the designated family member psychologically. Payment deliveries are preferably made

at night time because it obviously disrupts visual contact and identification. The places of

ransom payment delivery may vary. Kidnappers most often choose rural and urban areas.

Some kidnappers use urban settings because it makes them more difficult when they plan

to flee. Kidnappers who choose rural settings prefer wide open spaces that are dark and

isolated from any type of police response. Rural settings also allow for better control of

the designated family member and the odds of fleeing are much better (Meluk, 1998).

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Moreover, most kidnappers will not make contact with the designated family member at

the first location, but will rather make him move many times to make sure he is not

followed by police or other types of enforcement.

Kidnappers will often ask for a list of family members in order to root out the best

candidate to become the designated family member who will deliver the ransom payment

at the designated location. Specifications of the ransom drop are made by kidnappers

when it comes to the type of vehicle in which the drop will be made, if the windows on

the vehicle should be tinted or not, who will drive the family member or if he must go

alone. Demands are taken very seriously because kidnappers will go to great lengths to

avoid police intervention. In Mexico these demands are always followed with intricate

detail. There are different strategies that kidnappers employ to avoid capture. One

strategy is following an array of notes that are left by kidnappers for the designated

family member to follow along with the payment. Kidnappers do this again to determine

whether the designee is being followed.

Another tactic used by kidnappers is the hotel check-in. The designee will check

into the hotel with two suitcases, one empty and the other containing the money. At the

time of check-in he will abandon the money suitcase according to instructions left at the

counter, usually in written form, and move up to his room where he will find another set

of instruction as to how and when he will exit the hotel. A third form is delivering the

money personally in an isolated area and in a different city. Other ways to receive ransom

payment include debit cards that are credited with money and given to the kidnappers,

abandoning the money in a completely isolated area.

Negotiation is perhaps the most important factor in a kidnapping case. It becomes

the difference between life and death. Despite how successful or unsuccessful a

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kidnapping event, there are always aftershocks that family members will eventually live

with their entire lives. The following chapter will describe the emotional and

psychological effects of a kidnapping event. Although it is not part of the kidnapping

process itself, this section attempts for the reader to experience what these families go

through after a kidnapping event.

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Chapter 5: Emotional and Psychological Effects of Kidnapping

In this chapter the thesis will discuss the possible outcomes of kidnappings and

get into the psychological effects that victims face during and after a kidnapping event.

Moreover, psychological terms will be defined for the sake of the reader’s

comprehension.

Possible Outcomes of a Kidnapping

Protecting one’s family is always the priority of any household member. It is not

always a possibility that can be fulfilled, especially with kidnapping. Perhaps the most

damaging part of a kidnapping case is the huge amounts of money requested by captors.

These huge amounts of money bring a family to financial ruin, a possibility that not many

families think about when they are a high profile target. For this reason many companies

like Kroll Inc, Ackerman Group, Lloyds of London, and most insurance companies have

begun to offer kidnapping insurance throughout the Latin American region. According to

statistics in the websites of these companies, about 50% of all kidnapping insurance in

the world is sold in Latin America and have Mexico, Colombia and Brazil as their top

clients.

You can protect your family from having to pay such huge ransoms by buying

such insurance. Insurance experts say that a 1,000,000 dollar insurance policy costs about

$9,000 up to $20,000 dollars depending on many factors. Like for instance, the country a

person lives in and how high or low your profile is. Assuming that a family does buy

insurance, in Mexico it is implied that police involvement is minimal. This is to ensure

that the ransom pay goes as planned. Insurance companies’ insurance policies include not

only the amount of rescue money, but the hiring of anti-kidnapping specialist who handle

the case and make sure the money is correctly delivered to the captors in order for the

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victim to be successfully returned. Making sure that families are safe is the objective of

these insurance companies, who apart from charging such a cheap fee to the rich, also

give them piece of mind when they are walking the streets.

Obviously and unfortunately the results of having insurance are not always happy

endings. There are many different possible outcomes that can result from a kidnapping

scenario. Table 5.1 below, has designed to explain these possible outcomes. Table 5.1

describes 3 different final outcomes under different responses resulting in several

outcomes. The chart below will help the reader better understand the many different

results of kidnapping.

Table 5.1 Possible Kidnapping Outcomes

Initial Situation Response Final Situation Victim's Final OutcomeVictim captured Ransom paid Victim released AliveVictim captured Ransom paid Victim severed

Critically wounded (can live or die)

Victim captured Ransom paid Victim killed DeadVictim captured Victim escapes Victim lives Alive

 Other Outcomes    

Victim captured Ransom paid

More ransom demanded

Critically wounded (can live or die)

Victim captured

Ransom not paid Victim killed Dead

Victim captured

Ransom not paid Victim released Alive

It is obvious that every victim that is caught must be released or must be rid of. Assuming

that under every situation of kidnapping a victim is captured; there are a number of

responses from family. These responses can include paying the ransom or not paying the

ransom. Other responses include a successful escape by the victim from the captor’s

hands. Escape is not always the final outcome, but victims do escape their captors from

time to time.

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Psychological Effects of Kidnapping

People who are recently kidnapped can suffer from, what Meluk (1998) calls,

“survivor’s syndrome” which is composed of frequent headaches, recurrent nightmares,

and periodic sadness. According to research, victims of kidnappings suffer from an array

of psychosomatic and psychological problems. During kidnapping a victim can develop

the following: phobic anxiety, obsession-compulsion disorders, depression, psychotic

symptoms, psychosomatic problems, general anxiety and paranoia or hyper vigilance

(Diaz del Castillo, 2001).

First, Phobic anxiety are frequent fears to stimulations and situations that are not

really threatening and bring great difficulty to a person’s life on a day to day basis. Then,

Obsession-Compulsion disorder causes a victim to have recurrent thoughts (somehow

related to the kidnapping event) without any control whatsoever. Depression is another

common mental disorder; it causes a loss of enthusiasm for life and a constant sensation

of hurt and sadness. Psychotic symptoms cause a tendency in victims to retract and

isolate in a world of their own. The fifth disorder is composed of psychosomatic

problems which can include headaches, asthma, gastritis and other that are the result of

tension or psychological problems. Finally, paranoia or hyper vigilance is another

developing psychosomatic disorder that gives victims a sensation of being followed by a

“someone” who does not exist (Diaz del Castillo, 2001).

Do kidnapping victims also have the possibility of developing psychosomatic

illnesses? Yes, kidnapping victims can develop psychosomatic illnesses like phobic

anxiety, obsession-compulsion, and depression. Another, yet rare, psychological

symptom that can develop during captivity is the uncommon “Stockholm syndrome”

which causes the victim of kidnapping, usually the opposite sex of the kidnappers, but not

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limited to the same sex, to gather a sense of compassion for his or her captors. Most

people know the syndrome as simply a victim who falls in love with the captors and will

cooperate with them fully. Strangely enough it is not a false behavioral act, but a

psychological disorder that develops when the victim is under captivity for a long time.

The “Stockholm Syndrome” was a product of a bank robbery in Stockholm, Sweden in

1973. After a 6 day standoff inside a bank, the bank robbers were apprehended. Soon

after the hostages defended their captors, the media reasoned with the public that the

hostages suffered from the Stockholm syndrome (Diaz del Castillo, 2001).

The limitations to the development of this chapter is that not every issue of

psychology related to kidnapping is discussed because including the vast amounts of

psychology related material in this thesis remains outside the focus of the thesis itself and

its contents are basic.

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Chapter 6: Possible Government Mitigation

Solutions against Kidnapping

It has been established that Mexico has a problem with kidnapping. Kidnapping

takes place throughout the whole country of Mexico, with two thirds of all kidnappings

happening in the central districts more precisely in Mexico City. The actual operation of

kidnapping has previously been discussed. This chapter will attempt to provide possible

solutions to mitigate the crime of kidnapping. It is important to mention that this chapter

does not contain any preferred solutions to mitigate the kidnapping crime, but does

propose changes that can be implemented by the Mexican Government in order to

improve the current situation in Mexico. First, a description of corruption in the Mexican

police force will be provided to suggest a possible mitigation strategy. Second, a closer

look will be taken at Mexican laws; the final purpose will be to propose changes in the

law in order to further aid in mitigating the kidnapping crime. Finally, an explanation will

follow of why people often do not report crimes in Mexico. For the purpose of clarity and

because no solution is perfect in its entirety, each solution will be followed by a

rejection/limitation to that solution.

Solution 1: Elimination of Corruption

In the United States kidnapping has not been a common problem because law

enforcement officials’ potential to be corrupt is mitigated by government through the use

established overseeing anti-corruption departments. In Mexico, corruption mitigation

harshly or seldom exists. A Federal Bureau of Investigation (FBI) does not exist in

Mexico like it does inside the United States. The FBI, inside the U.S. has the power to

investigate individuals regardless of their position in the government. It is a power that

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not many institutions within international government possess. For example, in the

Mexican police force we find one anti-corruption group known as the Mars and Homer

Units. The Mars and Homer Units have the responsibility of supervising all the

metropolitan police force, the equivalent of state police in the United States. Although

these two units supervise the entirety of the police force in Mexico they are not a separate

department of the police. The Mars and Homer Units operate under the command of

internal affairs, which is in turn part of the Federal District Police force which falls under

the Secretariat of Public Security of the Federal District (Mexico City). A similar

bureaucracy command chain like that which exists inside American institutions (i.e. FBI,

CIA, and DOD). The Mars and Homer Units are the only two units investigate any

corruption claims made by any citizen. Surprisingly, it is the closest entity the Mexican

Government possesses to the FBI.

Mexico is a federation of states much like the United States. Every state has

different laws, but Mexico is governed under one constitution which all states must

follow. Like the United States both have state and federal agents. The Mars and Homer

units are part of the state police of Mexico City, but the Federal Government has no

entity whose sole purpose is to investigate individuals, at least in the federal police force.

Security reasons make it hard to disclose how many agents compose the Mars and Homer

units, it is certain they are not enough to fight the corruption that grows inside the

Mexican Police force. Corruption in Mexico costs the government about 52 billion

dollars in losses every year. Corruption also leads to lost foreign direct investment which

is lost every year, as the following explains:

According to anti-corruption czar Francisco Barrio, the cost of corruption by government officials and by everyday Mexicans surpassed the amount budgeted for education by more than three percentage points -- some 9.5 percent of Mexico's GDP of $550 billion. Recent studies by the World

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Economic Forum, an international organization that works to improve worldwide economic conditions, found that the business environment such as rule of law, transparency and corruption were disincentives for foreign investment in Mexico. Corruption, which is often described as a tax, adds to the cost of doing business. The Opacity Index, a study conducted by Pricewaterhouse Coopers, found that Mexico lost $8.5 billion in foreign direct investments in 1999 due to corruption and other suspect legal or economic practices. (Cause for Murder & Transparencia Mexicana, 2002)

In reality those 9.5 percentage points of Mexico’s GDP are in fact about 52 billion

dollars in losses every year. Mexico does have a GDP of 550 billion, but having losses of

nearly 10 percentage points is detrimental to the economy. Graph 6.1 gives better clarity

on the costs of corruption.

Figure 6.1: Yearly Cost of Corruption in Mexico (2002)

Source: (Cause for Murder & Transparencia Mexicana, 2002)

Although the chart clearly shows corruption costs in general , it does not strictly

adhere to corruption in Mexico’s police force, but corruption within all 38 different

public services that exist within Mexico. The information above serves as evidence and

discovery linking corruption and the detrimental effects on the economy of Mexico.

People in Mexico do not feel safe; this lack of safety also causes foreigners willing to

invest their money to search for new markets elsewhere, that is, in a different country

than Mexico. Therefore, a change must take place in the organization of the police force

in Mexico, both state and federal. The Federal police operate within the entire country of

Mexico and their mission (translated from Spanish) is the following:4/11/2023

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The Federal Preventive Police is established as a central element of

the general strategy against organized crime and delinquency, not only to

prevent federal crime and anything outside of the federal outreach, but

also constituting in an institution of excellence, capable of cooperating

with local police and public ministries during investigations of crimes of

high social impact. (FPF, 2006)

When closely looking at the issue of corruption, law enforcement officials are not the

only contributors. Corruption is composed of old customs, politics, and structure within

the police force, but also society. Society plays the most important role when it comes to

corruption because bribes and money come from them. Corruption is perhaps the best and

most well-known quality among the police force in Mexico. The following text translated

from El Cotidiano, a Spanish-written Mexican magazine where author Beatriz Martinez

and her article titled “Corruption: Police and Society”; explain the relationship of

corruption between police and society:

The different habitual procedural forms that the different law enforcement bodies of Mexico use are not modern, legal, or close to rights. And they are many and of diverse nature the causes that can explain it. Low salaries, lack of public spirit, and a vague notion of separation between public and private interests, organizational structure based on loyalty, bad preparation, a society that participates in corruption, impunity, and a spirit of a misinterpreted law enforcement body are a few of causes that stand out.

The lack of compliance of the law in Mexico is given due to the fact that the police, with much frequency, being the first transgressors of the law is a product of customs, almost a traditional way of doing things and “imposing order”. Order in Mexico is not the result of compliance of the law, not the result of adherence to legality and obedience to authority. In this country (Mexico), few believe that authority should be respected because of its obedience to everyone’s interests, because it regulates political, social and economic relations equitably and legally.

The organization of police responds to interests that are not public or for compliance of the law. Particular and corporate interests then predominate and function in this way. It is coherent with a politic order like the one found in Mexico, where personal loyalties are much valued

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and with frequency above the law and of public interest; where friendshipism and influentialism have a decisive importance in social relations and clearly, in politics. Hence, in front of these values law always occupies a second place rather than a first.

This friendshipism and influentialism occurs in the same police force: the impunity, the illegal protection that police chiefs offer their subordinates have much to do, not only with the erroneous belief of preserving the police force and its members in front of external aggressions, but also with a system of a mutual exchange of reciprocal favors. Reciprocity is, in this field of interpretation, important because it guarantees stability in the relations and allows for a marginal reproduction of the law. (Martinez, 1995)

The police force in Mexico is shaped by the society around it. The right idea is that the

police force should shape society by enforcing the laws of Mexico. The article above by

Martinez gives a description of why corruption exists in Mexico. An interesting point is

that Martinez believes that there exist two types of corruption links in Mexico, A) Police

and Corruption, and b) Society and corruption. The article above is part of A, police and

corruption, the link between society and corruption is of small difference, but Martinez

continues her article with that second description. Again, translated from Spanish,

Martinez provides a description linking Mexico’s society with corruption, as she

describes in the following:

It is often true, that with much frequency the police participate in the acts of corruption from their own initiative. But it is also true that society cannot be exculpated from responsibility, even more when in occasions it is from society’s initiative that causes police to break the law. Even though this participation is of variable responsibility to make a realist analysis and take into account that this is another aspect of police corruption that occurs with much frequency. Ignorance of a person’s rights, of the rules of formal proceedings related to the functions of police, is in fact, a factor that favors corruption for it to become “customary” and for it to substitute law. It is also true that at least a good part of society accepts the irregularities as something normal, as part of the “system”, therefore a continual production of these individuals in the system, in other words, one learns to live under corruption and to maneuver inside of it to reduce unnecessary risks. In theory it is easy to reach a moral accord about corruption, it is easy that one condone it. However, the practice shows us that anyone may succumb under corruption: because it is more

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“comfortable”, because acting against it with frequency causes many types of difficulties. That is why it has been assumed (in Mexico) that corruption is what composes normality…With much frequency particular people are involved in vengeances where the executioners are police officers. This also occurs when a police officer wants to abide by the laws but the particular person offers a “setup”… Impunity, unknown by all, by which the judicial police act, is used by many particular people who will often play the role of police agents, facilitated because they wear no uniform, to commit robberies, assaults, and murders. Something that is hard enough to track because of the difficulty of distinguishing between policemen and bandits. (Martinez, 1995)

Although Martinez fails to make a link between kidnapping and policemen, a

good description how society fuels corruption is described. Society fuels corruption in

Mexico. A fact that is undeniable due to the presented evidence above. The government

of Mexico is aware of corruption in police forces, but does nothing to improve its

detrimental effects. The government is well aware for the need to eradicate corruption,

yet it does not seem to address the problem correctly. Evidence of corruption is

everywhere in Mexican news almost every day. Mexican news websites like esmas.com,

a Televisa Networks owned web news agency, never lack displaying an article on corrupt

policemen and impunity against criminals. National newspapers in Mexico like, Aficion,

Cronica, Nacional, and Excelsior constantly report on corruption and impunity as well. It

is obvious that a solution must be found to attempt to eradicate corruption which is in

turn partly responsible for the kidnapping crime.

Mitigating Corruption in the Mexican Police Force

A solution against police corruption will have considerable effects on the number

of kidnappings, but will also allow for more economic prosperity by eliminating the costs

corruption brings. To mitigate kidnapping the Federal Government of Mexico should

establish a federal agency dedicated to addressing internal affairs, perhaps something

similar to the FBI in the United States. This organization would then be responsible of

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upholding the law within law enforcement entities like the federal and state police in

Mexico. Within this new government entity there should be no one boss dictating final

decisions, but a chair of representatives with one elect leader who must in turn report

directly to the president of Mexico with final decisions over different matters. There

should be more of a horizontal, than a vertical chain of command, which allow very little

corruption. The goal of this new entity would be to decrease corruption in Mexico’s law

enforcement. The new entity would address corruption only in law enforcement having as

a second goal, responsibility and authority to investigate all other 37 public services and

any government officials regardless of their rank or position. Intense investigations of

government personnel would eventually lead to discontinued corruption allowing for the

law to remain unbroken and applied correctly. The sole success of this new internal

investigation agency would depend on how effectively it is implemented as well the

quality of training, personnel, and facilities that it would house. Eventually the very first

goal would be to make sure corruption does not become a factor within this new agency.

Once established, through internal investigations on the Mexican Police force, this

agency would eventually diminish corruption and allow for constitutional law to be

applied. First, it is important to mention the logic behind the establishment of righteous

law enforcement within a country before enforcing constitutional law. Laws need

righteous law enforcers in order to work.

Limitations of Mitigating Corruption

Eliminating corruption is not an easy task and has its drawbacks. Corruption is

composed of the friendshipism and influentialism customs. These composing elements

are what make corruption unique. Thus, creating an agency similar to that of the FBI in

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the United States could certainly fall under corruption itself. Concern to whether this

entity would be rejected or not by all 38 public services including the National and

Federal Police is uncertain. The successful implementation of this solution would be

limited to the willingness of policymakers to give such a power to one single entity.

Another drawback would be a possible lack of funding. Separate entities require a

separate budget every year. Finally, having corruption within their border, puts Mexico in

the advantage of receiving aid to combat corruption from organizations like the

International Monetary Fund (IMF) and The World Bank.

Solution 2: Improvement of Anti-Kidnapping Laws

The laws in Mexico have established a fight against kidnapping. But are the laws

in Mexico enough to discourage criminals against kidnapping? In the following section of

this thesis the current anti-kidnapping laws established in Mexico will be described and

analyzed. A description of these laws will provide better knowledge of what types of

laws exists within the realm of Mexico’s penal code and constitution. Further,

suggestions will be made in order to improve these already existing laws against

kidnapping. A note must be made that existing laws in Mexico are generally applied to

kidnapping as a whole and not to any particular type of kidnapping and can include other

types of crimes as well.

Until 2001, lawmakers in Mexico have attempted to impose laws believed to be

harsh, fair and attempting at the same time to deter kidnappings. In 2001, Kidnappings

increased up to 500% in comparison to 2002 (Legislacion Codigo Penal Federal, 2001).

Kroll Inc, one of the leading risk consultant companies in Mexico and Latin America,

denounced a total of 3,000 kidnappings in 2003. Mexican authorities disagree as the

following shows: “José Luis Santiago Vasconcelos, Mexico’s Deputy Attorney General

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for Organized Crime, denounced the Kroll statistics as “deceiving and far from reality.”

Santiago said that 2,165 kidnappings were committed between 2000 and 2003

(Thompson, 2004).”

Not only does Santiago find the Kroll Inc.’s findings erroneous, but also rejects

Colombia as the kingpin of kidnappings. Facts and figures become cloudy and unclear

when it comes to kidnapping. The only certainty is that kidnappings are not decreasing

and the crime out of control in Mexico.

The law in Mexico however, is clear when it comes to kidnapping. The federal

penal code in Mexico specifically addresses punishment for kidnapping in articles 2, 97,

137, and 366. These articles pertain to kidnapping as a whole and dictate jail sentences

for those accused of the crime. A translation from Spanish into English of articles 2, 97,

137 and 366 from the Mexican federal penal codes follows:

Article 2: When three or more people agree to organize or organize to execute, in permanent or reiterated, conducts that on their behalf or along with other conducts, have as an end or result of committing any one or many of the following crimes, will be sanctioned just for such action, as members of organized delinquency:I. Terrorism, previewed in article 139, first paragraph; against the health, previewed in article 194 y 195, first paragraph; falsifying or alteration of coinage, previewed in articles 234, 236, and 237; operations with resources of illicit precedence, previewed in article 400.II. Stocking and weapons trafficking previewed in articles 83 and 84 of federal law on fire and explosives;III. Trafficking of undocumented persons previewed in article 138 of the general population laws;IV. Trafficking of Organs, previewed in articles 461 and 462 of general health laws and, V. Assault, previewed in articles 286 and 287; kidnapping, previewed in article 366; trafficking of minors, previewed in article 366, and vehicle theft, previewed in article 381 of the penal code for the federal district, federal and state or corresponding dispositions of state penal legislations….Article 97: Federal penal code. First book. Fifth title, extinction of penal responsibility chapter IV: Recognizing innocence and pardons. When observed conduct by the sentenced person(s) reflects a high grade of social re-adaptation and his liberation does not present danger to peace and

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public security, conforming to the ruling by the federal judge of the original sentence and that the sentenced person has not been treated for treason against his country, espionage, terrorism, sabotage, genocide, health crimes, rape, intentional crime against one’s life and kidnapping, or repetition of intentional violations, (he) can be pardoned by a federal judge.Article 137: Federal penal code. Second book. First title: violations against security of the nation, chapter 5, article 137. When during a rebellion there are crimes of homicide, theft, kidnapping, raiding, fire, and other violations, applicable laws will follow. The rebels will not be responsible of the homicides or injuries during combat, but those caused outside such combat those who command as well as the person who allows and who immediately executes these.Article: 366- Federal penal code. Second book. Twenty first titles: Illegal depravation of freedom and other guarantees. Unique Chapter. Article 366.That who deprives another from his/her liberty shall be applied with: I. From fifteen to forty years of prison and five-hundred to two thousand days of fines if the depriving of freedom has the sole purpose of: a) obtaining ransom; b) detaining a person as a hostage and threaten to deprive such of life or with harming them, in order for authorities or a relative to acts or stop acting within a certain activity, or c) causing harm or prejudice to the person being deprived of liberty or thereof.II. From twenty to forty years of prison and from four-thousand to eight-thousand days of fines, if in the depriving of liberty that is referred to in the previous portion (I) the following action or actions occur under the following circumstance: a) it is executed in public way or in an unprotected place or lonely area; b) that the author is or has been part of any public security institution, or pretends to be part of such; c) that those who commit such crime operate in a group of two or more individuals; d) that it is executed with violence, or e) that the victim is younger than sixteen years of age or older than sixty years of age, or that for any other circumstance he is found, in inferior physical or mental condition when in custody of the executioner of the depriving of one’s liberty. III. There will be applied twenty-five to fifty years of prison and four-thousand to eight-thousand days in fines, when the depriving of liberty’s goal consists of removing a minor of sixteen years of age outside of national territory, with the sole purpose of obtaining unrighteous earnings through the sale or upon delivery of the minor. A penalty of thirty to fifty years of prison to the kidnaper or kidnappers, if the victim of the kidnapping results with any injury previewed in Article 291 to 293 of this code. In case that the kidnapped is deprived of life by his kidnapper or kidnappers, a penalty of up to sixty years in prison will be assigned. If the captured person(s) are released within the first three days that the depriving of liberty began, without any of the purposes found in segment I and III of this article and without any presented circumstance previewed in segment II, the penalty will be of two to six years prison and fifty to one-hundred and fifty days fines. In any other case that the captured is

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spontaneously released, without achieving any of the purposes referred to in segments I and III of this article, the penalty of applicable prison will be from five to fifteen years and two-hundred and fifty up to five-hundred days fine. (Legislación Código Penal Federal, 2001)

The law in Mexico appears logic, clear, descriptive and conscience enough to attempt a

fight against the kidnapping crime, enough to declare it a working legal law enforcing

document. The federal penal code appears to cover almost every aspect of kidnapping,

from crimes of rebellion, trafficking of organs, and rejection of pardons to detailed

sentencing during different kidnapping events. Article 2 briefly addresses organized

crime and organ trafficking. Article 97 provides exception to pardon when one is directly

or indirectly involved in kidnapping. Article 137 describes kidnapping during times of

rebellion. Article 366 gives explicit detail of prison terms and criteria and circumstances

that determines those prison terms.

Recommended Changes in the Federal Penal Code

From all the articles in the federal penal code, perhaps it is article 366 that can be

found as the most direct when it comes to a jail sentences for the crime of kidnapping.

Article 366 contains the main body of the anti-kidnapping laws because it dictates

specific sentences. Within article 366 there are 3 segments which dictate different

amounts of prison times depending on the severity of the kidnapping. In general, article

366 contains the minimal prison sentence, found in segment I, of 15 years, then it dictates

greater imprisonment terms as the kidnapping crime gets more violent or the victims

meet a certain criteria (i.e. age). The law in Mexico ultimately serves as too lenient

because it has a maximum sentence of 60 years for individuals committing the

kidnapping crime (found in segment 3 of Article 366).

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In order for the law to become deterring to kidnappers, it should become known, enforced

and respected. The current situation calls for a reform in the allowable legal prison terms

that criminals should serve when committing a kidnapping crime. Not only has this

anti-kidnapping law in Mexico not been serving its purpose of deterring kidnappers, but

policymakers have not made the substantial changes needed to reduce the increasing

crime. Therefore, it must be proposed that minimal prison terms be elevated to 40 years

of prison regardless of any circumstance, but less severe for accomplices of the main

executioner(s) of the kidnapping crime. Then, it must be suggested that a life term

without chance of parole be introduced, removing the previous maximum of 60 years.

Mexican policymakers should consider adapting the death penalty into their legal

system as it is the ultimate and final guarantee of a greater response towards the reduction

of the kidnapping crime. When severing or harming a person the executioner of the crime

should be given the maximum sentence of life. Severing the body parts of a victim should

increase the penalty even further by having the executioner of the crime do community

service while serving his sentence. Severing a person’s body parts is a cause for

suffering; therefore it is a form of torture.

First, the basis for life imprisonment when severing a person’s body parts is

justified because the victim does not deserve the loss of such organs in the first place.

Second, life imprisonment seems fair due to the fact that kidnapping operations are

highly organized and planning is extensive, have a premeditated motive and inflicts

damage to the victim’s family members, be it emotionally, economically or in other

ways. For, example, a family can fall into financial ruin if a highly extortive kidnapping

is successful, hence economically bringing this family into financial ruin. It is evident

that the penalty imposed for committing kidnapping to work as a deterrent and jail time

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must be increased in order to obtain positive results. The result of these implementations

into the Mexican federal penal code should result reducing the crime rate for kidnapping.

Limitations of Recommended Changes to the Mexican Federal Penal Code

Attempting to implement harsher laws with increased prison terms is an

exceptional solution, but enforcing such becomes a different story. Assuming jail

sentences where increased, still no law will become deterring if it is not enforced. Hence,

if restructuring of the Mexican Police fails, laws are not enforced, and this solution would

be limited by the success of the first solution proposed in this chapter (eliminating

corruption of the Mexican police force). Policymakers’ decisions could be affected by

influences of friendshipism and would deter the policymaker from making such

decisions. One could view such as corruption at work. Ultimately, Mexico should focus

on completely enforcing current laws before imposing new ones. On the other hand,

harsher laws would become an example to society that for example, a death sentence or

life imprisonment would follow after committing a kidnapping.

Solution 3: Reporting the Kidnapping Crime

The police are much to blame for the corruption in Mexico, but the scenario is not

always true when it comes to the few honest and hard-working law enforcement agents

who are not subject to corruption. Corruption brings many problems to Mexico besides

economic loss. Corruption is to blame when it comes to reporting the kidnapping crime

primarily because Mexican people are very much afraid to report any crime and any

activity involving kidnappings, therefore thwart police efforts to prevent or stop the crime

from happening. Not only is reporting the crime a source of disruption to a kidnapper’s

planned operation, but also a source of counter-intelligence against mitigating the crime.

Mexican law should also look in-depth to find ways to punish people who are at times

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aware of the crime, but fail to report it, as well as rewarding them when they do.

Reporting a crime is a way of fighting mitigating it. In many cases the government itself

fails to enforce the law, which is certainly one of the problems in Mexico, and rather

spending money for other purposes.

Organizations such as the International Monetary Fund (IMF) provide monetary

assistance to many countries in order for these countries to deal with problems that

require funding to fix when the government cannot fund them. Money that goes into

governmental activities not always makes its way to the needs of the people and so to

protect people from people who are corrupt thieves who pocket this money should be

monitored. Mexico unfortunately falls within the much popular and well-known

corruption that exists in Latin American governments. When money is given as aid to

Mexico, auditing should be performed in order to assure that the given aid is being

implemented correctly and its objectives accomplished. Mexico has been the victim of

corruption for many years. One can recall the presidency of Carlos Salinas de Gortari,

one of the most corrupt and damage inflicting individuals in the history of Mexican

presidents. President between 1988 and 1994, Salinas took control of the government, but

also inspired fear on those who sought to undermine him and his presidency. He was

known to use CONASUPO, which was a grain subsidiary used to reduce the import price

of grains in return for the exporting of finished products, to instead traffic huge amounts

of drugs. The drug operation was headed by his brother Raul Salinas because of his lower

public profile, but still under Carlos Salinas’ command. Not only does history show the

level of corruption that Mexicans lived in, but also showed the huge disregard by an

international community who was affected soon after Salinas left the presidency, with the

Mexican 1994 Peso crisis.

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Limitations to Implementing Penalties for Reporting The Kidnapping Crime

The limitation encountered by this solution is that no person will put their life on

the line in order to save another given the circumstances. Often people who contain

valuable information will, in one way or another, not put their life on the line when

delivering important information to the police. The limitation proceeds from a reputed

belief in the involvement of kidnappings by individuals in the Mexican Police force, that

a possible informant directly assumes is part of kidnapping groups or “bandas”.

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Chapter 7: Preferred Solutions Chapter

With many kidnapping groups on the loose in Mexico, it often seems as if life is a

precious commodity that those who can afford preserving life are the ones who get to

keep it. In Mexico City alone there are 7 well known kidnapping groups, which according

to Miguel Nila, a writer for Mexican news channel Televisa, control most of the

kidnapping operations in that city (Nila, 2005). Meaning a rich and wealthy subject is

able to protect himself and his loved ones, but idealizing on such fallacies is a mistake. In

Mexico not only the rich suffer from the kidnapping crime, but society in general. People

along every level of society, who range from poor farmers to wealthy well-known

businessmen, are victim to this crime. Personal physical security is important to deter any

crime, but it not always takes physical action to prevent or stop the crime. For this reason,

this thesis will suggest what measures to take.

Life is the most precious and valuable asset that people own; not only because it

is priceless, but because it is a unique one-time asset. The loss of life cannot always be

prevented, but when kidnappers seek to harm a person, that person must take every

precaution and every deterring measure to prevent capture. Once a person falls into

captivity, the person’s future is uncertain and negotiation become the only alternative;

assuming the captors are willing to negotiate the victim’s life. To assume a worst case

scenario, such as the loss of life, is an appropriately sound basis to better protect one’s

life.

In this thesis suggestions will be made based on recommended actions that an

individual should take on a daily basis as well as on a permanent basis in order to better

protect himself from capture. This thesis will classify personal protection into two types:

a) Soft protection measures, b) hard protection measures and, c) Post-capture protection

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measures. Then, the thesis will address each of them in order to formulate a better

explanation. Finally and for the purpose of clarity, each will be followed by their unique

limitations. When Mexico’s government fails to protect its citizens, its citizens must take

every measure to protect themselves. This thesis, to achieve a shorter length, will not

look at every possible mitigation strategy, which is eventually a factor of limitation of

this thesis itself.

Personal Physical Security: Solutions to Kidnapping:

Solution 1: Soft Protection Measures

Governments, in the case of Mexico a democracy, are established to protect

people, but as explored in this thesis it does not seem like a priority for Mexico’s

government today. Soft protection measures are classified as those that do not directly

involve any type of physical protection, such as armed bodyguards, bulletproof vehicles

or other, and in essence are in entirety an abstract set of procedures. However, the use of

soft protection measures does not discard the possibility of a merging between soft

protection measures and personal physical security measures (which will later be

described as hard protection measures). The following are considered examples of soft

protective measures: alternate daily routes, refusing unknown telephone calls, constant

awareness, not making personal information public, and in overall any change in

behavior that will thwart a kidnapping operation. Soft protection measures are up to some

degree almost inexpensive and certainly apply to every member of society. In the field of

security measures of soft protection Ochiuzzi again refers to the different types of

behavior that people should perform in his Security Habits CD. A high number of

kidnappings occur when victims travel back to their homes. Perhaps the only explanation

is a formidable blend of facts that kidnappers collect. For instance, similar times when

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these people return to their homes, another could be the fact that victims use the same

routes back home, and then lead kidnappers to directly assume that the only possible

destination is a victim who is returning home. To implement mitigation strategies it is

important to know where kidnapping has a higher possibility of being successful. Figure

7.1 below, shows kidnapping percentages based on the place of their execution in Mexico

and up to the year 2001.

Figure 7.1

Mexico: Kidnappings by Place, 2001

Restaurants9% On the way home

5%

Near home or office57%

Other Circumstances14%

During a Hotel Stay15%

(Uribe, 2001)

As the chart points out, about 57% of kidnappings take place near the home or

office. This is a clear indicator that a victim is more likely to get captured near their home

or office rather than in any other place. Another fact is that people operate between their

homes and offices on a daily basis. 15% of kidnappings happen during hotel stays and

9% in restaurants. Hotels and Restaurant have public areas like lobbies and waiting

rooms which can perhaps justify the complexity of executing a kidnapping operation in

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common areas like these. Finally, 5% of kidnappings happen on a victim’s return home, a

relatively low, but significant figure.

The statistics above are a result of captures from people who become victims

while performing daily activities. Victims can range from the business man in his regular

hotel stay, a mother who five minutes ago dropped her kids at school, or even the father

who never returned home from his 6 am jog. The instances and scenarios are multiple,

but the solutions are not complex and include simple steps to follow in order to prevent

kidnapping. This thesis suggests the following set of soft preventive measures in order to

mitigate kidnapping.

Victims who are leaving their home should get used to watching through the

windows, always monitoring outside activity for abnormalities. Things to watch out for

are road repairs, telephone crews performing installations, and any other type of

personnel that doesn’t normally operate in the vicinity. Ochiuzzi (2003) in his Security

Habits CD suggests that victims should, “Spot people standing in the area or far away, as

if waiting for somebody. Spot vehicles, cars, vans, lorries, parked nearby or at a distance

with or without staff.” Furthermore, a victim should attempt to write down license plates

of any vehicles deemed to be suspicious which can be useful data in the future. Victims

boarding a vehicle should always look both ways and continue to perform this watchful

behavior during their daily activities.

When driving in traffic and if a victim has a driver, he/she should not read

anything that would distract him, but be must be watching vehicles in the proximity of

theirs. Leading traffic at times is the safest way to drive around. This minimizes the

possibility of being boxed in by two or more cars. In other occasions a person should try

to drive behind the traffic crowd. If a victim suspects that a chase is being conducted, he

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should stop his vehicle in order to let traffic keep flowing, then he should take a different

road from there.

Whether returning to the home or leaving for the office a person should perform

the following, “when you leave go around the block where your working place is located,

on the next day, repeat the same operation but stop at the corners, and let the traffic

advance. Then you advance. On other occasions you should repeat this operation but

before getting into your own house. This operation might be bothering, but after some

time, it will turn out to be a very good exercise, that should be considered a habitual

activity (Ochiuzzi, 2003).” After all, in Mexico there are no second chances for victims.

In case something out of the ordinary has been noticed when driving around between you

home and your office habitual actions should no longer be habitual, but different. One of

the most important tools that a kidnapper possesses is a victim’s timetables and

itineraries. Based on these two, a kidnapper will have a successful operation. To deter an

operation a person should always perform actions differently everyday. It is safe to say

that if a person is constantly being watched it is because sooner or later kidnappers will

make a move. The more time that kidnappers invest in a person should be a synonym for

their more important targets with higher extortive gains. A person who is poor does not

have the same means of protection, but can still use these recommendations, even though

poor people might not have 2 cars or 2 drivers for hire. Using a vehicle to explore if any

third party is chasing is important and can also be used to a person’s advantage by:

Sending the vehicle to a person’s home or office with a driver that shares a similar body

framework as theirs. Then, the potential victim should tail him close enough to know

what is happening, if the victim is resourceful, they can choose to hire a private

investigator to do such work (Ochiuzzi, 2003). Any of the aforementioned actions are

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considered soft protection measures because these actions involve behavioral trends.

Other soft protective measures can include briefing employees at the home and office

about the potential threat. Employees should be briefed on this type of threat because

they may unconsciously share a potential victim’s personal information which is useful to

kidnappers.

Limitations of Soft Protection Measures:

Soft protection measures are ultimately soft and will not deter a determined kidnapper.

Another drawback is, for example, a poor farmer may not be able to have a driver or hire

an investigator. Soft protection measures are only borderline defensive behavior

techniques and do not really provide any kind of protection. Finally, soft protection

measures are only behaviors as opposed to hard protection measures which can be found

as a set of deterrents from which a person has a wider choice.

Solution 2: Hard Protection Measures

RFID: Internal Micro-transmitter

Eventually Mexicans who are rich and resourceful do not put their faith in soft

protective measures. For this reason hard protective measures exist. Hard protective

kidnapping measures are those that require a physical deterrent of any type which is

known or unknown to kidnappers. A few examples of hard protective kidnapping

measures are the following: bullet proof vehicle, Global Positioning Satellite (GPS)

(bracelet), bodyguards, silent vehicle alarm, and among others that exist today. The

following section of the thesis exists only because of personal knowledge, in-depth

research and technological advances. The first hard protective measure and a favorite

choice today is not armed bodyguard or a heavy bullet proof vehicle. It is smaller than a

coin, more powerful than a gun, but has the potential of alerting many people, it is the

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recently 2004 Food and Drug Administration’s (FDA) approved Radio Frequency

Identifiers or RFID chips. These chips can be implanted in a person in order to track their

exact location. The company that manufactures them, Applied Digital Solutions, claims

that their product is being used on new born infants on hospitals as well as inside the

Mexican Police. Figure 7.2 below shows an illustration of the chip.

Figure 7.2: RFID Size Comparison to Pencil Top

Source: (Tack Track, 2005)

Applied Digital Solutions claims that, “VeriChip [which is the name of their chip], by

contrast, relies on implanted, tamperproof, microchip technology that provides access to a

database containing pertinent information about the person. This information can save

lives in medical emergencies and can facilitate security measures that would be difficult

or impossible to implement using alternative security systems (Applied Digital, 2006).”

The manufacturer of these RFID tag chips claims that with the use of technology tracking

a person becomes a thing of the past. The RFID chip requires a reader which accesses its

memory which contains information on the person. RFID chip’s initial use was on

animals; the chip was implanted, and then used to return lost animals like dogs and cats

to their respective owners.

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Certainly implanting RFID chips on people in Mexico could save lives by the

thousands on the long run.

RFID Chip Limitations

RFID chips are have limited functionality because the proximity to the receiver

determines their function. Applied Digital Solutions claims that it can be used to save

lives, but does not explicitly mention kidnapping within their website. People who have

begun using it in Mexico claim that if kidnappers where to find out about a victim who

carries the chip this would create torture in order for the kidnappers to get the victim to

disclose the position of the chip soon-after followed with the possibility of

dismemberment of the victim. Other limitations are that the chip might not be fool proof

as Applied Digital Solutions claims it to be. The chip seems promising, but might fall

short of what people expect. Hence, the numbers of alternatives on the market today are

unlimited.

External Micro-transmitter

Another alternative to using RFID chips which have to be surgically implanted

into a person is a well-known device providing a common function, a watch. Breitling, a

world renowned watch manufacturer, offers a solution when a victim of kidnapping

needs help. Their watch, Breitling Emergency, was originally created for pilots who

would use it as a tracking device in case of an aerial accident. Not only does the watch

conceal itself with its common use, but it does work. Breitling claims the watch can

create a distress signal that can be tracked from ranges of up to 360 km in length and

within an altitude of 20,000 ft. Figure 7.2 below shows Breitling’s Emergency model

745, one of the most expensive models.

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Figure 7.3: Breitling Watch with Micro-transmitter

Source: (Breitling: Instruments for Professionals, 2006)

Breitling claims the following, “the Breitling Emergency Mission is an instrument watch

with built-in microtransmitter broadcasting on the 121.5 MHz aircraft emergency

frequency. Following a forced landing, for example, the Emergency will broadcast a

signal which rescuers can home in. . . .In optimal conditions, it can easily reach more

than 200 nautical miles, meaning 360 kilometers. . .(Breitling, 2005).” Astounding as it

may seem the watch is still very expensive. The affordability of the watch is a deterrent

when it comes to saving lives because its price ranges from $2,600 to $30,000

External Micro-transmitter Watch Limitations

The first limitation that comes to mind is the price tag on this watch. People with

low economic resources do not have an option to a micro-transmitter watch. Second,

even if the watch operates successfully as Breitling claims, it is the same operation that

hampers with its success because you must roll out the antenna contained inside the

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watch. Rolling out an antenna would definitely attract the attention of kidnappers. The

third and most logic limitation is that kidnappers will often remove all objects that the

victim carries even clothing and accessories. Most kidnappers remove watches so that,

when under captivity, victims lose track of time and cause their chronological

disorientation. Ultimately the watch micro-transmitter is external, in comparison to the

RFID tag which is internal, both have their drawbacks.

Bullet Proof Vehicles

Bullet proof vehicles are perhaps the most effective tool against kidnapping by

providing levels of protection against almost any type of firearm. In Mexico, many

companies offer this solution to mitigate the kidnapping crime. Companies like Global

Armor, Armor Labs, Auto Blindajes, International Armoring Corporation, and Grupo

Golan are one of the nearly 18 companies that provide bulletproof modifications to

vehicles in Mexico. Among the most bulletproofed vehicles are Sport Utility Vehicles

(SUVs) and high end luxury sedans. This choice is made because when a company

decides to bulletproof a car it must be evaluated on its final performance, eventually

bulletproofing creates a heavier vehicle which can sometimes become less maneuverable

on the road. Changes made to the vehicle can vary as Grupo Golan describes in Table

7.4, which includes the checklist of modifications done to every vehicle in their plant

followed by an illustration,

Figure 7.4:

1. Changes to the vehicle:

2. Self-sealing Fuel Tank

3. Integrated Armor Plating

4. Enhanced Suspension

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5. Advanced Braking System

6. Composite Security Glass

7. Ballistic Nylon Floor Panels

8. Run-flat Tires

9. Operable Power Windows

10. Monolithic Steel Dashboard

11. ealed Gel Battery

12. Ballistic Roof Panel/Sunroof

Source: (Grupo Golan Company, Inc., 2006)

Figure 9.4: Key Armoring Features

Source: (Grupo Golan Company, Inc., 2006)

Companies like Grupo Golan all operate with the same set of ballistics

specifications by using a ballistics table. A good example is Table 7.2 which follows in

the text ahead. By using similar tables companies can provide their clients with a

description of what kinds of weapons the car is immune or weapons the vehicle is

vulnerable against. Bulletproof vehicles are classified into 6 different levels of

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bulletproofing with each level having greater immunity to firearms than its predecessor

level. For example, level 4 bulletproofing has greater resistance to firearms than level 3

bulletproofing. Bullet proofing a vehicle is often the best solution for wealthy Mexicans

because the protection it gives Mexicans becomes second to none, that is, depending on

the bulletproofing level.

Table 9.2: Bulletproof Level with Respective Weapon Type Immunity

Ballistic chart according to Mexican levels and to its international equivalences

Level in Mexico

Europa prEN 1522

NIJ - National Institute of

Justice

UL 752Underwriters Laboratories

Curved Glass thickness

Gun and Caliber types

Level 2 B1 - B2 - B3 I - IIA L1 - L2 12 - 17 mmRev 38, 380 Auto, 40 S&W, 9mm

357 Magnum 4"

Level 3 B4 IIIA L3 - L4 19 - 24 mmAll Level 2 + 9mm Sub, 45 Auto

357 Magnum, 44 Magnum

Level 4 B5 n/a L5 - L6 - L7 30 - 36 mm All Level 3 + AK47 7.62X39 NATO

Level 5 B6-B7 III L8 39 - 45 mmAll Level 4 + AR15, M16, 7.62X51 Fall, 7.62X63

NATO, 5.56X45 NATO SS109

Level 6 FSG IVSuplement Shotgun

49 - 54 mm All Level 5 + 7.62X39 AP, 7.62X51 AP

Source: (Armor Labs, 2006)

The ballistic chart above shows bulletproofing on level 6, the highest level, which

gives protection against all available types of firearms, often an excellent defensive

measure against getting kidnapped by the unsuspecting criminal, who will usually try to

shoot the driver of the vehicle only to find out that the owner of that vehicle has

outsmarted him. For some, a bulletproof vehicle is their defensive weapon of choice. Not

only do bulletproofed vehicles provide security against external threats, but they have

paved the road for more security options. For example, installed wireless video cameras

can be used to monitor the inside of the potential victim’s vehicle and GPS tracking

modules installed to track the exact location of the vehicle. Other defensive devices like

tire busting nails and oil dispensers can be installed on the bottom-rear of the vehicle and

can be released upon initiation of a hostile car chase. No matter how well equipped these

vehicles become, limitations always exist.

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Limitations of Bulletproof Vehicles

The bulletproof vehicle delivers protection and there is no doubt about it.

However the price tag on these modified protection vehicles soars on the thousands. For

example, a used BMW 7 series, BMW’s biggest sedan, with 51,000 miles and level 6

bulletproof level has a cost of around $68,000 or for instance a Hummer H3, which is

usually priced at $50,000 for just the car, has cost of $110,000 when armored on level 6

(Armor Labs, 2006). Most companies will ask for $80,000 up to $90,000 for level 6

armoring on an SUV. Clearly a limitation of this solution is present with the large price

tag for this type of protection. Kidnapping groups today are organized and well funded so

it is to no avail that they can obtain the weapons of choice to defeat these armored

vehicles. Rocket Propelled Grenades (RPG), for example, can be used to deliver a fatal

blow to open a vehicle. Manufacturers do not claim invulnerability to heavy explosive

weapons such as the RPG even though these vehicles can withstand hand grenades.

Manufacturers of armored vehicles only claim invulnerability to conventional firearms

such as high powered rifles and heavy machine guns.

Vehicles that are bulletproofed are not designed to remain under fire, but used as

an escape tool, because eventually the bulletproof material gives out. This causes the

vehicle to become penetrable and opens the way for an immense threat if the vehicle

becomes boxed in. Perhaps the biggest limitation becomes the moment you obtain the

vehicle because kidnappers are already formulating how to capture you at some other

time, except when inside the vehicle or will simply attempt to blow the vehicle open.

Armed Bodyguard/Trained Driver

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Most companies that bulletproof vehicles are aware that their vehicles alone will

not prevent a kidnapping. This is the reason why in their lineup of additional services a

client can find other add-ons to their bulletproof vehicle purchase. These additional

services range from vehicle tracking to armed protection personnel. Mexico is a very

dangerous place and as discussed above, one of the limitations of bulletproof vehicles is

that kidnappers will often work their way around the victims of choice to attempt their

capture at any other time, except when inside a bulletproof vehicle. Armed bodyguards

allow for this limitation to become non-existent. The presence of armed bodyguards and

trained drivers provides a defensive-offensive threat against kidnappers. Armed

bodyguards are often well trained, wear body armor, and are usually, if not often,

excellent marksmen. Going back to bulletproof vehicles, trained drivers become a useful

tool if a kidnap attempt is made. Bulletproof vehicles, just like a gun, become a weapon

behind the hands of trained personnel.

Limitations of Armed Bodyguards/Trained Driver

The kidnapper always has the advantage in almost any situation. This is due to

intelligence gathering that kidnappers conduct and can lead to a kidnapper’s knowledge

and awareness of almost any counter security measure. Armed bodyguards and drivers

can provide protection, but are limited because kidnapper’s could well outnumber and

outgun them in any situation. Moreover, kidnappers have the ability to chose when to

attack and when not to attack. Kidnappers have a choice in how to run an operation,

which they practice for through the use of the invisible technique (maneuvers) discussed

in the problem chapter. Because kidnappers practice the operation of a future kidnapping,

bodyguards and drivers are trained for the unexpected.

Solution 3: Post-Kidnap Solutions

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Purchasing Kidnap Insurance

The recommended solutions so far range from changes in daily routines to micro-

transmitters and bulletproof vehicles. However, people in Mexico take a step further to

protect themselves and assume the worst case scenario: capture. When a person is

captured and negotiations take place a ransom is usually paid out to them. Wealthy

families have the option to purchase kidnapping or ransom insurance. Ransom insurance

provides coverage against huge amounts of ransoms that are paid out. Ransom insurance

can range up to any desired quantity that a potential victim of kidnapping requests. The

only problem is that, like almost every insurance plan, the price of insurance increases as

the person requests a higher coverage. An underwriter’s Kidnap and Ransom Insurance

Plan can be found on Appendix A. This specific plan is from Lloyd of London, which

contracts Control Risks Group as their crisis response team, offers plans for individuals

and their family as well as corporations and their employees. When a person decides to

purchase a kidnap and ransom insurance plan some of the services, as Appendix A

shows, can include: Ransom Money, Informant Money, Crisis Management Services,

Reward Money, and others monetary aids that form part to solving a kidnapping.

Additionally Appendix A contains useful information on other countries and ransoms

paid by this insurance company in those countries, it also contains percentages of people

that have been rescued, killed and among other variables. Negotiations, which should be

done by people with experience in that field is a valuable asset that insurance companies

offer. Insurance is perhaps the best option when it comes to an anti-kidnapping strategy

as whole because when every soft and hard protective measures fail and become the

ultimate guarantee that a ransom delivered to kidnappers and a victim rescued.

Limitations to Purchasing Insurance

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Insurance is always an excellent option, but it is again not good option to people

who cannot afford it, like is the case for other products explored previously (watch

micro-transmitter and bulletproof vehicle to name a few). Kidnapping affects individuals

across Mexico and certainly kidnapping insurance cannot be, at least with the costs a

person would incur today, a common solution to the kidnapping problem.

Reasoning Behind the Preferred Solutions:

The Preferred solutions show different strategies a person can take to protect

himself. These preferred solutions can be used from the most resourceful person to the

not so fortunate and impoverished. In some instances of kidnappings families who

possess the wealth and resources have the ultimate option of leaving Mexico and

migrating to other countries where governments are better able to protect citizens from

this type of crime. The limitations shown after every solution do not always imply that

the solution does not work or that it is not the best, but rather recognizes potential

weaknesses within that system of protection. In the chapter that follows (the conclusions

chapter) final thoughts on the issue of kidnapping will be discussed.

Chapter 8: Conclusion On

Extortive Kidnapping for Ransom

This thesis has exposed extortive kidnapping in Mexico by further explaining

causes, operation, psychological effects, potential solution and preferred solutions of

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kidnapping. The Mexican government has failed to protect its citizens against an ever

growing kidnapping crime. Just in the first quarter between 2001 and 2002 kidnapping

witnessed a 500% increase according to Control Risks Group. Corruption in the 38 public

services that exist within México already generate a total loss of 52 billion dollars in the

Mexican economy. Moreover, the police force which makes part of the 38 existing public

services, is often found involved in the extortive kidnappings of people. Out of the 52

billion dollars in losses, exactly how much monetary loss the police force generates is

unknown.

Another problem that Mexican government faces is the effects of the law on

criminals. From the ever-growing kidnapping crime it is fairly obvious that Mexico

surely requires new reforms in its laws. Incarceration for the crime of kidnapping only

allows for a maximum of 60 years in prison. In comparison to the United States, which

can give life sentences, Mexico is far from achieving a reform of this type. This thesis,

under the government solutions chapter, proposes changes in the police force first and

soon-after a reform in the law. The reason behind that proposal is that the Mexican

government needs effective law enforcement personnel before it can enforce its laws.

Mexico needs reform and the growing threat of kidnapping is evidence to this need for

reform.

Most Mexican people are well aware of the kidnapping crime and those who are

affected by the crime take different approaches to prevent it. Some people ultimately

decide to leave the country as a final decision, but that decision is often limited to that

person’s wealth and desire to leave the country. Other Mexicans choose to fight against

the crime and provide constant protection to their entire family. This protection can be,

but is not limited to, measures proposed in the preferred solutions chapter. Wealthy

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families will usually deal with the problem of kidnapping by implementing hard

protective measures, while on the other hand, the not so wealthy must use soft protective

measures.

Kidnapping is a crime that exists within the lives of Mexicans, it is a growing

threat to the security of the country and it must be properly dealt with. The government

must assume its role of government and protect its citizens from harm, especially those

who are underprivileged, poor or non-resourceful. It is the duty of the Mexican

government as a democracy to enforce an individual’s civil rights by protecting them

from any type of threat, like in the case of Mexico’s kidnapping problem. Mexico faces

an internal corruption problem that works reciprocally by affecting the economy

negatively and at the same time fueling the kidnapping crime. Mexicans deserve security,

peace and a functional economy.

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