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This document explores the kidnapping crime in the country of Mexico, thus explaining the implications that drugs, money and power can have over the legal and political aspects of a never-ending cycle of violence.
Citation preview
Dip 1
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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