Human rights group cites 30 complaints of abuse committed by local enforcement

By Xavier Zaragoza
The Douglas Dispatch
Published/Last Modified on Friday, November 7, 2008 11:35 PM MST


A new report by a Tucson-based human rights group cited that local law enforcement agencies here have committed more than 30 acts of abuse against residents along the Douglas/Naco corridor.


Jennifer Allen, director of Border Action Network, released a report Thursday that cites the number of complaints of abuse from law enforcement.

The report comes in the wake of the recent mistrial of a Naco station Border Patrol agent who shot and killed an illegal immigrant in late 2007.

“If the justice system could not find him accountable for his actions, then the community must do the work,” said Jennifer Allen, the director of Border Action Network (BAN), whose organization generated the report.

BAN’s findings were presented in Douglas Thursday morning at Pocket Park between 1st and 3rd Streets.

The report, titled “Human and Civil Rights Violations at the Border: A Report From Cochise County,” stated that of the four major law enforcement agencies, the Border Patrol in the Douglas area has committed 39 percent of abuses toward residents.

The United States Customs in Douglas and the Douglas Police Department each account for 19 percent of the abuses. The Cochise County Sheriff’s Department account for seven percent, with US Customs in Naco, vigilantes and other groups representing two percent of abuses. Labor and employment-based abuses account for five percent.

Allen said that of all the complaints of abuses in Cochise County, 50 percent were from US citizens; twenty-eight percent were from permanent resident citizens and 10 percent were from undocumented workers.

Several members of the Douglas community who filed complaints of abuse against law enforcement gave their testimonies.

Guadalupe Ibarra said her 15-year-old son was thrown against the wall at a gas station in Douglas on 10th Street an A Avenue in October. The reason the agent did this was because the boy looked suspicious, Ibarra said. Once the agent heard the boy speak English, the agent let him go, Ibarra said.

Max Diaz said that the sheriff’s deputies jumped over his fence and damaged it when they were trying to get into his house. Diaz said they ordered him to open the door and he told them he wouldn’t. The deputies replied that they could do anything they want, so he should open the door. Diaz said that if they can do anything they want, they should break down the door instead, because he was not opening the door He said he wasn’t sure why they wanted to enter his house.

“It’s not that we have anything against the Border Patrol or any other agency, but we do want a safe and secure community,” Allen said.

The law enforcement agencies mentioned in the report offered only general responses in that neither agency received a copy.

According to the report, the Border Patrol received 39 percent of complaints by residents and 10 percent by illegal immigrants.

Border Patrol spokesman Gus Soto said he could not comment on a document that he has not seen or reviewed.

“We know that complaints will happen and any abuses that are filed with us are investigated immediately,” Soto said. “Only through investigating the complaint can we take a corrective measure.

Complaints about the Border Patrol are investigated by the Office Inspector General.

The Douglas police received 19 percent of complaints filed by people here.

Douglas Police Chief Alberto Melis said he has not seen the report although he has spoken with Allen.

“I can’t speak on something I haven’t seen, but we do take all complaints of abuse seriously,” Melis said.

Melis said he was curious about the data and the period these complaints were filed. Complaints about Douglas police can be filed at the Douglas Police Department, he said.

Chief Deputy Rod Rothrock of the Cochise County Sheriff’s Department said all complaints are investigated, even though he’s not aware of any abuses.

The spokesperson for the US Customs could not be reached.

The report said the sheriff’s department account of seven percent of abuses.

BAN offered six points of recommendation to ameliorate the problem

√ Require Human Rights certification of federal agents and local officers.

 √ Improve oversight and integrity of the complaint process.

√ Develop non-lethal response techniques and practices.

√ Develop a community education program.

√ Encourage the formation of local citizens’ review committee.

√ Implement “Public Safety and Confidentially” policies and practices.

 

Comments

    Used to live here. wrote on Nov 11, 2008 9:28 AM:

    " It's good to see that someone is keeping track of these unfortunate activities that occur on the border. I realize that all law enforcement personnel have a very difficult job to do, however, it only takes a few who think they "can do whatever they want" which gives all lawmen on the border a bad reputation. It goes both ways. Everyone needs to have mutual respect for each other. Force has it's place when it's needed. Oversteping those bounds is what causes these kinds of issues. Couple that with a different country and culture. You get this. "

    douglas resident wrote on Nov 10, 2008 8:41 AM:

    " I definitely believe this coming from the DPD. Some of these officers believe that they own the town. They need to be a little more careful on the way they portray themselves. Maybe they should concentrate more on protecting and serving the community, which is what they are suppose to be doing,than going around town trying to intimidate people acting like they are above the law. "

    Mortimer wrote on Nov 9, 2008 11:05 PM:

    " Thanks, Jennifer - your caring and understanding are a breath of fresh air. Now, tell me, where can I file complaints when illegal aliens commit abuses against local residents? Any information would be most helpful! "

    Bob wrote on Nov 9, 2008 5:11 PM:

    " I don't know if it is shoddy journalism, or Mrs. Allen not telling it, but over what time frame did the "complaints" happen?

    Also, how many of them were investigated and proven to be false allegations? If the BAN is so concerned about human rights abuses by law enforcement, why don't they go to the Mexican/Guatemalan border.

    That is where Mexican law enforcement kill, rob, rape and terrorize anyone who is not Mexican. "

    Concerned Citizen wrote on Nov 8, 2008 12:55 PM:

    " Recently reported -Fiscal year 2005 - The Border Patrol's Tucson Sector, which covers all of Arizona except for Yuma, reports that shootings and assaults against its agents are increasing. During the first six months of this fiscal year, sector officials recorded 132 assaults on agents, including 15 shootings. For all of last fiscal year, only 118 assaults were reported.
    I guess Xavier Zaragoza doesn't feel like this is worth reporting.
    BAN should stand up for the human rights of our law enforcemnt officers?
    I offer 1 point of recommendation for BAN.
    Help support the immigration laws of the USA. "

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