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The Perils of Writing

What are the perils of writings? For a storyteller, it’s when reality is more frightening and bizarre than anything you could ever invent. Or is it that historical violence has become no longer historical in that it is just around the corner, down one block, behind the garden gate, driving slowly by the building on whose roof you do yoga and wish all mankind peace of mind? Once, it was interesting living in a country where the rule of law was not something you could take for granted, was not a concept widely understood. You had to rely on your fellow citizen to protect you, to offer you cordiality, advice and warnings regarding where it was not safe to go at night, or even during the day.

Violence and lawlessness are less interesting now. It is just a matter of time before it touches you. Or hits you, as the case may be. It will come again after a long period of civic calm. It will be a policeman, or three, with dark glasses. A troubled young man, or three, twisted with resentment at those who have an education, a job, and, most important of all, respect. It will be Hannah Arendt’s banality of evil—no longer just limited to this beautiful old land of forgotten mines and ancient trails, of hidden springs and clumps of shade-giving trees, of great painters and gifted musicians. It will not come from a hungry man walking a distant trail, carrying a frayed knapsack, moving over a non-Sierra Club trail between two small towns whose streets are dirt and whose pickups are old. Evil will come in a brand new pickup that has never had a shovel thrown in its bed, or in a black limousine followed by black SUV chase cars.

Or it will come at the end of an instructive index finger, ordering you to step out of the line at Customs, because the computer has shown you to be man critical of two, maybe several, governments. You know what it’s like to be singled out. You have already had a passport application “lost” in the time of Reagan, or what it Bush? Your privileged education and therefore your expectation of just treatment as a citizen allowed you raise a hue and cry with your Senator and Congresspersons. Through its obedient Kafka-esq Intermediaries, the State claimed that someone with your exact name and paper trail owed the Foreign Office, the State Department or some other governmental Auslandsamt, a sum of money. Your elective representatives intervened, raised questions and parted curtains. Grudgingly, the anonymous they’s gave you a passport, not for ten years, but for eight months. But what would have happened to you if the Representatives could not part curtains, since they themselves languished on lists?

But now the they’s have gotten a lot smarter. Their machines hear more, pluck it out of the ether, record it and compile it for future reference. The people in power are renewing the old game of looking for political enemies. This was always the case in most of the countries in the world. East Germany comes to mind. There, one chose one’s friends carefully, you laughed together over food, but quietly. Important information was exchanged in lowered voices in a modest greenhouse, while you admired the host’s crop of English cucumbers, a luxury in his gray country. And yet, it did not matter. There were always ways to coerce one friend against another. Inform, they would murmur, or your daughter cannot attend the university. A harmless bargain, citizen.

And yet writers kept writing, books were banned, and the few contraband copies, hidden from the censors, traveled from hand to hand, until they grew stiff from Scotch Tape and were held together by rubber bands.

You write a letter on behalf of a writer held in solitary confinement in Azerbaijan. He was critical of his government, and so they arrested him and gave him nine years. He is not allowed to see his wife and children. He has tuberculosis. You hope your letter will help stone-faced men decide to let him go. You argue that a government wins more respect by not imprisoning writers. But governments have trouble hearing this. That is because its ministers are also afraid. You wonder whether this writer, if he survives, will one day have to write a letter for you. To a camp in Cuba or a salt flat in Utah.

And so the question is can a writer write when he is afraid, when he knows they’re listening? Can a storyteller tell stories? Stories that warm the heart, or give hope, or speak of love? How brave they must have been, the writers in the time of dictatorship, who have written at the peril of ending up in a cold, small cell without light, cut off from those they love and who love them.

I know this is dark. I am sorry, but the banality of evil seems to be on the upswing, and storytellers must write about it.

In Latin America, Mexico Ranks Among Most Dangerous Countries for Journalists

The 2017 World Press Freedom Index warns that in Latin America, journalists are persecuted and murdered for investigating issues that affect political leaders.

Mexico City: Mexican journalist Cecilio Pineda Brito covered drug trafficking issues in a region of the southern state of Guerrero where criminal groups are extremely powerful.

In September 2015 he survived an attempt on his life and because he was deemed at “very high risk” he became a beneficiary of the federal mechanism for protection for human right defenders and journalists created in December 2012.

The protection measures he was assigned consisted basically of police patrols. They offered him a place in a shelter in Mexico City, but he refused.

In October 2016, the protection measures were cancelled; five months later, Pineda Brito became the first journalist murdered in 2017 in the most dangerous country for reporters in Latin America.

Pineda Brito’s March 2 murder was followed by six weeks of terror in which three more journalists were killed and two others survived after being shot, in different parts of this country of 127 million people.

The highest-profile murder was that of Miroslava Breach, on March 26, a veteran journalist who covered political news for the La Jornada newspaper in the northern state of Chihuahua along the US border.

But Pineda Brito’s killing reflected the inefficacy of institutional mechanisms for protecting journalists in the region.

“Last year it became clear that the state’s protection model exported from Colombia to Mexico and recently to Honduras had failed,” said Ricardo González, security and protection officer of the London-based international organisation Article 19, which defends freedom of expression.

“The cases of journalists murdered in Mexico, who were under the protection of different state mechanisms, as well as the Freedom of the Press Foundation’s refusal to take part in the assessment of cases under the Colombian mechanism are things that should be of concern,” he told IPS.

For González, the lack of a functioning justice system and redress makes the model “ineffective, apart from financially unsustainable.”

The numbers in Mexico prove him right: according to Article 19’s latest report, of the 427 assaults on the media and journalists registered in 2016, 99.7% went unpunished.

Meanwhile, the Special Prosecutor’s Office for Crimes Against Freedom of Expression has only managed to secure a conviction in three cases.

Most of the attacks were against journalists who work for small media outlets outside the country’s capital and at least half of them were committed by state agents.

The federal protection mechanism currently protects 509 people – 244 journalists and 265 human right defenders.

But even though the dangers are growing rather than decreasing, the government and the legislature cancelled the funds available for protection and since January the mechanism has been operating with the remnants of a trust fund whose 9.5 million dollars in reserves will run out in September.

According to Article 19, violence against the press is still one of the main challenges faced in Latin America and something to be reflected on when World Press Freedom Day is celebrated on May 3.

“In addition to Mexico, Honduras, Brazil and Colombia, the situation in Paraguay and Venezuela, in particular, reflects the deterioration of freedom of expression in the region,” said González.

In the same vein, the 2017 World Press Freedom Index published by Reporters Without Borders on Wednesday, April 26, warns about the political and economic instability seen in several countries of Latin America, where journalists who investigate questions that affect the interests of political leaders or organised crime are attacked, persecuted and murdered.

“RWB regrets the pernicious and continuous deterioration of the situation of freedom of expression in Latin America,” said Emmanuel Colombié, the head of the RWB Latin America desk, presenting the index.

“In the face of a multifaceted threat, journalists often have to practice self-censorship and even go into exile, to survive. This is absolutely unacceptable in democratic countries,” he added.

The RWB report underscores the case of Nicaragua, the country that experienced the largest drop in the index because since the controversial re-election of President Daniel Ortega, the independent and opposition press has suffered numerous cases of censorship, intimidation, harassment and arbitrary arrests. The country fell 17 spots, to 92nd among the 180 countries studied.

The report also describes Mexico as another worrisome case: in 15 years it dropped from 75th to 147th on the index, putting it next to Syria and Afghanistan. Mexico is still torn apart by corruption and the violence of organised crime, says RWB.

In fact, it is the second worst ranked Latin American country, after Cuba, which is 173rd, after dropping two spots.

At a regional level, the countries best-positioned in the ranking are Uruguay (25th, after falling five), Chile (33rd, after dropping two) and Argentina (50th, after going up four).

Increasingly sophisticated means of control

Despite the threats and risks, independent journalism is making progress in the region. In 2016, the organisation Sembramedia created the first directory of native digital media in Latin America which has listed more than 500 independent platforms.

But at the same time, the means of control of the independent press are getting more sophisticated, said González.

Legal, labour and online harassment, as well as indirect censorship through the control of state advertising are tools that governments and political and economic groups use ever more frequently around the region.

In Mexico, the most emblematic case is that of journalist Carmen Aristegui, who was fired together with her investigative journalism team from the MVS radio station after publishing an investigation about corruption implicating President Enrique Peña Nieto.

But there are even more unbelievable cases, such as a judge’s order for psychological tests for political scientist Sergio Aguayo, after he published well-substantiated information about massacres in the Mexican state of Coahuila, connected to former governor Humberto Moreira.

The organisation FUNDAR Centre for Analysis and Research has documented that this country’s central government and 32 state governments spend an average of 800 million dollars a year on official advertising and announcements in the media.

Another Mexican organisation committed to the defence of digital rights, R3D, reported that various regional governments have bought programmes from Hacking Team, an Italian cybersecurity firm that sells intrusion and surveillance capabilities to governments and companies on websites, social networks and email services.

According to R3D, online intimidation and monitoring have increased in Mexico during the Peña Nieto administration.

This pattern repeats itself in other Latin American countries, where attacks are increasing and presenting new challenges.

“In the last year, we have seen how the risks of violence which in the past were limited to questions such as drug trafficking are now faced by those who cover issues related to migration and human trafficking, the environment or community defense of lands against the extractive industries,” said González.

Another flashpoint is the coverage of border issues. “Donald Trump’s election as president of the United States has had quite a negative effect in terms of freedom of the press, both domestically and internationally, in the entire region,” he said.

(IPS)

Black Dog Enters the Café

I’m sitting in my favorite café in my colonial Mexican city. I think of it as a very small Paris. I am going over the Spanish translation of my first novel Playing for Pancho Villa. I must have started this project a year or more ago. My wonderful translators, a Mexican poet and a French professor of French, have long since finished the translation—an enormous job. And then I have to come after them, checking each word for its fullest correct equivalent. I am on my last two chapters out of thirty-two. I am hoping the huge Spanish speaking world will read this novel more than English readers have. Its plot and general flavor may seem less foreign to them.

The dog, a bitch, tail wagging and delighted to see us all, a sort of Labrador mutt—I have since learned her name is Chia—comes through the always open door. She goes to everyone in the big room, mostly university students working at things and drinking tea. Several young women are hanging an exhibition of photographs and calling out adjustments across the room. A small film crew comes in and sets up in the middle of the gentle chaos. A young woman sits across from me, brushing on makeup. What? To make her more pale, remove any blemishes? Perhaps they are making a one-day movie. It is the end of the annual Guanajuato International Film Festival, and little groups of young filmmakers are competing to win in that category.

Everyone—including myself—reaches down to Chia, who I now realize is attached to a familiar young painter family and their two children, several months and two-or-so years old. Chia obits around this attractive young family. What strikes me is how each of us in the room wants the same thing: contact with this happy, tail-wagging ambassador. And then, after a half an hour or so, everyone except for the one-day filmmakers leaves, including Chia and her family. And I am left to listening to “Belle Nuit, Ô Nuit D’amour,” Les Contes D’Hoffmann by Jacques Offenbach and to continue with the translation Playing for Pancho Villa. When I finish, we will sit down together, the three of us, the translators and me, and we will decide on the final changes and adjustments in another quieter café.

My Friend, the Escaped Prisoner

IMG_2108.jpgMy friend has escaped from the local prison where we had visited him nine or ten times. He was there for eleven months, and then he could no longer bear the thought of a capricious ten-year sentence. What he loved most, beside his family, was his horse and riding in the mountains with his companion horsemen. They went on cabalgadas, seeing themselves as cavalry battalions in the war against Lucifer, led by the Saints San Miguel, Cristo Rey, the Virgin of Guadalupe, and the Virgin of Guanajuato. Sometimes, on such rides, as many as 1,500 men will participate. This afternoon, as an exuberant church band played and the afternoon sun beat down, we watched as a graveyard mason sealed my warrior-friend into a crypt at the Panteón (Cemetery) of the Pueblito de Rocha. My friend died of a broken heart. A heart that broke.

For more context, please scroll down to the post titled “Returning to Mexico and its Forgotten Prisoners,” published here on April 15, 2016.

Returning to Mexico and Its Forgotten Prisoners

It occurred to me, while walking along through my little colonial city again, that Mexico could be described with a few words: impunity, the absence of just law, corruption, the gracefulness of its people, kindness, cordiality, and the seamless connection with history. My friend is still in prison. There were several dates that he was supposed to have committed his crime. After eight months of captivity, he finally had a hearing. The prosecution dropped all but one of the dates, because of the lack of credible evidence. The one date, for which he could serve ten years, he was off on a cabalgada. That’s when sometimes hundreds of men mount their horses and head off into the mountains on pilgrimages. They camp, talk together, tend their horses, worship at this or that shrine, enjoy each others’ company. These rides can be as large as 1,500 men. It is one reason an invader should think twice about undertaking an infantry incursion into Mexico. One of the meanings of cabalgada is cavalry raid. There are thousands of Pancho Villas and Emiliano Zapatas living in Mexico. My friend is one of them. There is nothing he loves more than to mount his horse (kept in a stall near where our car is parked) and head off with a few of his friends into the mountains that begin five minutes from our house.

The point is that there are a great many witnesses who can testify that he was with other horsemen, many of them his friends, at the time he was supposed to have committed his crime. And yet the State prosecution is reluctant to admit the testimony of these riders and friends. To save face? To keep the prisons full, their jobs necessary? Out of spite? Because they can? Because they are lazy? Because someone has gotten to the judge? The way things work, it could be another eight months before he has another hearing. Mexican judicial procedures were supposed to have been modernized by a law passed in 2008. Cases would be handled by open oral argument, and there would be the presumption of innocence. But things have not changed very much. The State prosecutor collects statements, the hands of the clock turn every so slowly, months go by, there is no speedy resolution with burden of proof on the prosecutor. In fact, over time, and because the prisoners sit in prison, the burden is perceived to have settled on him. After all, he would not be in prison if he weren’t guilty of something.

 

And so my friend is desperate, anxious, feeling trapped, forgotten and feels doomed. His daughters and grandson visit him daily, bringing him food and encouragement and love. They have become his most reliable and, in my opinion, capable lawyers.

He is one of Mexico’s many victims of corrupt law, uncaring law—law without justice.

Death Expressions

It seems it’s easier to talk about death if we make light of it, speak indirectly or make metaphor.
Hence: Some examples

He’s no longer on board (fishermen)
shipped his oars
feeding crabs
gone adrift
gone to Davey Jones
sleeping with fishes
assumed room temperature
cashed in his chips
counting worms
croaked
freed his horse
hopped the twig
pegged out
popped his clogs
riding the pale horse
taking a dirt nap
turned up his toes
wearing the pine overcoat
gone up the flume.
bit off the twig
gone out with the tide
paws up
won’t be down for breakfast
flown the coop
fallen off the burro (landed on his head)
smacked the liver
lost his shadow
stopped blinking
holding his breath a lot
visiting the worms
feeding the worms
Relaxing underground
Given in to the crows
Dedicated his eyes to the crows
Gone to avoid the sun
Caught the last train
Clothed in sea
Making the carrots jump
Pushing up daisys
Snuffed out
Got no wax left
Renting earth
On the last train to Memphis
Singing to the worms
In permanent meditation
Singing the Dirt Mass
Resting a lot
Kicked the bucket
On a pebble diet
Spitting out roots
On a dirt diet
In Donald Trumps case: a case of asses to ashes
Doing the long shuteye
Using the long hyphen
Has mud in both eyes
Be-earthed
Buried in thought
Clodding along
Clod-driven
A man clodified
Growing his hair long
Said the great good-bye
Enjoying the long silence
Kissing the Angels
Knocking at Heaven’s/Hell’s gate
Tanning below
Lying with the dogs he loved
Skidded to oblivion
Met his Maker
Suspended his creation
Supporting corn from below
Donating to worms
Given up the ghost
Dancing with worms
Having Thanksgiving with worms
Texting from below
Become the ring on his tub
Slipped on Death
King of Moles
Resting his bones
Played dead, couldn’t stop
Resigned his vertical position
Lingered among us too long
Got off at the wrong stop
At the very end, married below himself
Was breathless too long, got used to it
Sold his soul, then the rest
His clock has run out.
His sand ran out.
He’s no longer flapping.
He smells like pine.
Fluting through the last hole.
He’s thrown away his spoon.
Wearing a wooden skirt.
Wearing the green jacket.
Watching the radishes grow from underneath.
Crow food.
Gone to meet the Head of Light Entertainment in the sky. John Cheeves on the occasion of Graham Chapman’s (author of the Dead Parrot Skit) Memorial Service.
Withdrew as the final act
Still paused to gather his thoughts
Il mange les pissenlits par la racine. He’s eating the dandelions from below—Jean Pierre Buono

Left the glittering runway of life. Richard Grabman

Dissolute underground behaviorCame as carbon, lived as carbon, returned to carbon.
Had a molecule change.
Went from comma to period.
Disappeared in the final edit.
No longer takes messages.
Is on silent hold.
Rubbed out what he had painted.
Composting nicely.
On his last pair of shoes.
Staying in shavasana.
Joined the great majority.
Accepted into the big club.
Staying in the Horizontal Hilton.
Out of print.
Returned to sender.

 

The Beginning and the End of the World

It’s as if a whole army of Canadians and Americans had been parachuted into this once sleepy town. I suppose it’s the nature of occupation that the invaders bring their culture with them. At the same time, the invaded culture has struck back with its own forces, in that Mexican vacationers—largely the class with money—could well outnumber the foreigners. I am an equal opportunity snob, so it doesn’t matter to me. I can get into a snit over all of them—overlooking the fact that I am one of them.

The larger crime is that all of us have landed on this strip of coast and are putting enormous pressure on it. So many pleasure seekers, sun worshippers, escapees from grinding nine to five jobs, from car payments, mortgages and insurance, from the ongoing search for love and meaning. All of it dependent on oil for the suntan lotion, delivery trucks, aviation fuel and the surfboards themselves. Still, apart from the half-treated sewage water pouring into the ocean not far from the right-hand break, the bay seems to be holding its own. Pelicans dive twenty feet from the edge of the sand, meaning the sea is still rich in food. Farther out, the oceans boils with waves from distant Pacific storms, changing the beach every night, casting up—for this beach—rare black sand, and more than capable of drowning those who are not confident swimmers.

I find myself sitting on the beach, watching all this, calculating my surfing skills and strength against the turbulence of the sea, observing the deployment of the tourist armies and Pelicans—the former, not entirely comfortable in their exposed skin, as they stroll the beach. And I am thinking about the greater threat. All of this is part of a planet that will probably become uninhabitable, because we will not be able to keep the oil in the ground, not sufficiently understand what we have to do in order to avoid disaster for our children, grandchildren, and great-grandchildren.

And so, later and farther to the northeast, my friends and I sit on the beach and watch the light soften and the orange fade from the ribbed cloud formation suspended above us. We sit looking out at something that will not be as it was, nor support life the way it always has.

We see a gathering of people a quarter of a mile up the beach in the opposite direction. It is a sizable group, and it moves out toward the water. I say it must be religious in some way, some sort of organized superstition. Or maybe something like twelve steppers, born-agains, or boosters. In a way, I am right on all accounts. Our Mexican companion, now a resident of Madrid, formerly of Paris, before that, Guanajuato, hits on it.

“Turtles,” she says.

We explain this to her two and a half-year old, who is half French, half Mexican.

Tortues,” says her mother, in French. “Tortugas,” in Spanish. And since she is attending an English-speaking immersion school in Madrid, we throw in “Turtles.”

We gather up our things and head down the beach. People have placed stakes and the equivalent of police ribbons to demarcate a corridor with an opening at the end where the incoming tide has left the sand wet and gleaming. The light is dimming, the evening chosen, I suppose, to make it harder for predators—gulls and humans—to interfere and poach. We squint at the sand inside the corridor. It has been raked in order to smooth the way. There are little things, perhaps the size of a soup spoon sitting immobile. But, no, here and there, their little legs begin paddling at the sand. Each one leaves an un-straight track in the sand. (See attached video clip.) A tongue of wave and foam, a tidal impulse, sweeps up and over the most advance ones. The children and adults behind the police tape utter a collective, wondrous “Ouuuu!” And when the wave recedes, twenty or more of the tortuguitas have disappeared into the vastness of their new home. It is an uncertain future. A young volunteer from the Czech Republic says five percent of them are eaten by fish in the first day. She places more within the sea’s reach. Another tongue of foam sweeps up and across, and then those too are gone. One or two get turned around or try to cross the ribbon. Onlookers reach down and get the strays oriented again.

Finally, they are all gone. The sea knocks down the stakes holding the ribbons. Nearly everyone leaves. Except those like me who are still stunned. I see a young man, sitting cross-legged, facing the opening where the turtles left us for the sea. It occurs to me he might be praying—something that would normally touch my cynic button. Instead, though I am not religious, I feel a similar impulse. And that is to pray for their safety, that they won’t be eaten or be too lonely. Pray not to some god but to something older and more important. Perhaps pray for the earth’s wanting to continue in all her ways. If only we would make it so.

Guanajuato and Katyn

What is a day like in my little Mexican city? I stretch my spine, put on a jacket and go into the kitchen. I get on my hands and knees to light the fake wood stove in the corner. A modest gas flame surrounds modest fake logs. I switch on a small silent fan that hangs in back of the stove and pushes warm air out into the room. There are two folded cotton blankets, multicolored, in front of the stove. This is where our two cats take their positions. My position is in front of the refrigerator. I take the homemade loaf of bread out. I cut a slice and put it in the toaster. I pour Mexican Alpura corporate yogurt into a glass bowl and, on top of that, ladle out homemade, crude applesauce, spiced with nutmeg and Vietnamese cinnamon. I add seven Costco home-roasted almonds. I find a treasured implement. An inexpensive Czech butter spreader purchased in Prague, serrated on one edge. I pluck the ready slice of homemade bread out of the Chinese toaster. It is the miracle food, depending on what you read and what your culture is. We import the Winter Red Wheat berries from California in sealed three-pound plastic bags. Larger quantities are vulnerable. There are critters here that, given enough time, can bore through thick plastic and reach the rich, organic, whole-wheat egg-laying environment. I am still using the same Seventh Day Adventist or some other survivalist kit electric stone mill that I put together at least forty years ago. With the Czech butter spreader I lift old fashioned peanut butter out of a Laura Scudder’s jar we scored in the larger gringo community an hour and twenty minutes to the east of us. San Miguel de Allende. To the locals there, SMA.

 

Our black alpha cat Lilus Kikus comes up the stairs. We took the name from Elena Poniatowska’s first novel. She is the grande dame of Mexican literature. One of us has released her from her room. She wears a cat cone so she can’t lick the treated abscess on her rear end. She bumps into things. Today, we take her to the vet’s, where she will be in shared solitary, hopefully with similar species. I suppose it is like going to prison, where we have been five times since August, to visit our friend, a Mexican who loves his two horses and who might destroy himself if the false charges stick. In other places, I have written about the Mexican justice system.

 

Alpha cat used to be invisible in the dark. Now she advances like a small bull elephant with white warning ears.

 

My made-in-China iPhone dings. My dear friend and writing partner’s mother has died. It’s a Spanish I’m not familiar with. “El donde hoy falleció mi mamá.” It is sad but not entirely unexpected news. There is always the end of life waiting for us.

 

As I eat my yogurt mix, I utilize my made-in-China, slave-wages mini iPad to read my Kindle version of Phillip Kerr’s Les Ombres de Katyn, The Shadows of Katyn. I read it in French translation to maintain my contact with the language. It is riveting in a sad sort of way. I am a child of the Holocaust in the sense that, when I was eight years old and in the thrall of a couple of Walt Disney movies in Norwich, New York, the News Reel divided the two movies with footage from Dachau, or some other KZ, in black and white of an American or German bulldozer pushing white, flopping skeletal Jews, Russian prisoners of war or gays into a massive pit, with German citizens forced to look on. My fellow witnesses to something inconceivable.

 

The Phillip Kerr novel is about the circumstances and intrigue surrounding the NKVD’s, Stalin’s secret police’s, execution of 4,000 – 5,000 Polish officers, along with 18,000 others, so that no organized resistance would ever arise on the Polish flank again. A single German bullet—to throw off possible future forensics—to the base of the skull, wrists wired in front, a loop of wire around the neck, being forced to the edge of the pits. How is an eight-year old supposed to understand this? Or the man who is now seventy years older? As you can see, there has been little progress. But now I test the gravity-fed water in the bathroom sink, after running it for a while. It is solar-heated. Barely. I decide to risk it and step under the miserly shower head. I am grateful when the clouds have spared me  their presence, when the water is warm enough to comfort the base of my skull.

 

In the cafe where I am writing this, an impoverished indigenous boy drifts my way. He is selling chicle, chewing gum, in tiny packages. He goes past my little table and me for some reason. He is more interested in the young woman giving haircuts in this my favorite writing cafe. The cafe is some sort of a collective of educated, bright young people, gentle and smart. Its customers are mostly students, including French, German, Japanese and Americans studying at the university or at one of the several language schools. The Indian boy with the chicles does not go to school. No one sees to it that he does. He belongs to a marginalized, forgotten group. There are adults that run him 19th century Dickensian style. He is one of many faces of poverty and neglect in a land full of billionaires. He stands close to my small, open backpack. I wonder whether my attention should be on him or on my writing. But he glides away from me and closer to the object of his interest. The twin sister of someone I know in the collective is visiting from Mexico City and is cutting hair nine feet away from me, like a visiting country priest dispensing blessings. She is capable and conducts conversation as she cuts and snips. Neither the boy nor I will need a haircut for some time, but both of us I think were imagining her gentle hands touching our hair, the comb on the back of our head. A series of her friends and their children are taking advantage of her visit. None of them marginalized. They are Mexico’s best, invisible to the largely self-serving national leadership. They are young people who want a better Mexico. I feel lucky to share their lives. This scene, this stage, is the very opposite of Katyn. The forest just east of Smolensk.

 

After a brisk shower, I dress, gather my knapsack and writing things, including a little notebook, and descend the 203 steps from our house to the Old City on the canyon floor. My love has delivered Ms. Alpha Cat to vet prison, where her abscess treatment will continue while we are at the beach on the Pacific side of Mexico. At the bottom of the stairs, I turn left and then enter what we call the Vegetable Alley. I see Pilar’s boy-like frame in front of me. Her face is strained. She is too thin. She takes something like a qigong stance and holds her hand out to me. She’s very dark, very dirty and beyond bi-polar high.

 

“Un peso!” she shouts, her voice hoarse.

 

And I always say, “Solamente tengo diez!” and hand her a ten-peso piece. I try not to touch her hand, because I don’t think she washes. She takes the coin, whirls around and spits out a curse at someone thirty feet down the alley. Someone who has mocked her. I think she’s saying, “Eeh, cabrón? Chinga a tu perro!” Or more like the plural: “Chinga a tus chingados perros!” I’m pretty sure she’s using the masculine ending. I say, “Cuídate, Pilar.” Take care, Pilar! To show her and others that I recognize her as my friend. I touch her on the shoulder to show friendship. People catch my eye, as I proceed. Crazy, dirty lady, say the grinning eyes. I smile back, betraying Pilar. But these mockers are also part of my world. It is a rare day that this exchange does not occur. Sometimes when she is more coherent and her mind is racing less, Pilar asks, “Hey, do you want a sexual?” That’s the expression, a sexual. An adjective with no noun, sort of like what she is. I thank her and say no.

 

I pass the young woman and her sister with the comal who sell warm tacos. The younger one always wears a wool cap, no matter how warm it is. She is smart. I know their names. I always make some joke when I pass. They are generous with their laughter. I think they will live out their lives selling tacos. That idea used to bother me. It no longer does. There is much to be said for work that does not shower Hellfire missiles down from your country’s drones. Their food is not popular. Even I do not eat there.

 

I enter one of the city’s few busy streets. The traffic is one-way, the sidewalk narrows to the width of about fifteen inches. You have to be aware. There is a curve and when the buses that are too big make the turn their rear ends swerve to within twelve inches of the building touching the sidewalk. It is fairly exciting unless you are someone who is both wide and  not paying attention. It helps that the buses are probably not exceeding five miles an hour.

 

I duck into the pedestrian alley where the cafe is located. Mexican and South American New Years tourists stroll toward me. They are in no hurry and don’t worry about approaching me five abreast, as if family takes the right of way. I step up into the cafe. I see the young woman cutting hair. I am surprised, but not very. I say hello to a few of my young friends. They greet me warmly. I sit down and begin to write. It is what I need. Being surrounded by these gentle people. Watching the hair cutting. Smiling inside, then also on the outside. So far from Katyn—if not from the missing and still unaccounted for 43 students of Ayotzinapa.

 

 

My Friend as A Caged Animal

At the prison today, the first guards told me to leave my watch in the car and come back. I complied. As I understood it, someone might want it. That meant the other guards at the next gate. It didn’t seem plausible. I think he was just trying to be helpful. We showed our Mexican driver’s licenses, had them photographed onto “grocery receipts,” and turned to leave. “You may not be able to go in with those pockets,” said a guard wearing a helmet. I was wearing cargo pants. I slapped the pockets to show how the outside pockets could be handled. But I did smile and say, “Thanks for the warning.”

We walked across an open space that the builders had tried to make into a plaza, as pretty much all towns in Mexico have them, as if the prison were also a town. We entered the main doors. There I gave up my car keys and belt. No one mentioned my cargo pants. We stepped into our respective frisking booths, his and hers, male guard, female guard. Out the other side, we went down stairs and followed the familiar tunnel painted hospital green. At the wire cage, the guard fed out grocery receipt information into a computer, said some code words, and we climbed some stairs to the visiting area.

There was one prisoner visiting through the glass and bar wall with what looked like his mother or an aunt. He had to wait after she left. I suppose so that he and our friend wouldn’t pass each other. The visiting area guard opened her high security door and passed the mother a plastic shopping basket that I could tell was light by the way she held it. Empty plastic food containers, being given back so they could be refilled and brought back. The routine: bring in filled containers in one basket, take out empties in another.

We waited for some time for our friend. Who knows what we were interrupting: lunch, exercise and sleep. The present prisoner bowed his head, looking at the floor, chewing gum. What do you think about when you have to wait in a cage? How long will you be in that cage? Fifteen days or fifteen years? Our friend arrived and entered. The other prisoner passed by him, under the eyes of the guard and climbed stairs to an area higher up.

I went first. My friend is accused of [         ], possibly in an extortion attempt. Because of the snail-like pace of Mexico’s incorporated Napoleonic/Roman law, criminal and civil law, top-down law, he sits in prison until all the “evidence” is collected and pondered by a judge. There appears to be no right to a speedy trial, no right to a vigorous defense through cross-examination etc. Something like 30% to 50% of people in Mexican prisons have not seen a judge and don’t know if or when they will ever be released. More than 85% of those charged with a crime are sentenced, according to Mexico’s top think tank, the Center for Investigation and Development, or CIDE. Napoleonic Law does not hold that a prisoner is guilty till proven innocent. That apparently is an urban legend. I thank my friend Jürgen for bringing me up to date on that. So, the presumption of guilt and the many shades of it, is something Mexican.

My friend picked up the phone but, before talking, put his left hand up against the thick glass. I put my hand against the glass from my side. He did not look well. We had seen two of his daughters and his grandson in the parking lot. They warned us that he was feeling desperate. They said that, at a minimum, it would be another twenty days before he could leave—if a judge finds in his favor. He had already been held for three months. At that is the rub. Without accusatory, cross-examine challenge by defense lawyers, in an open court in front of a jury, all kinds of skullduggery or disaster can occur over the waiting period. By law passed in 2008, the old system was to change to be more like the U.S. system, with innocence presumed from the start. But the change has been moving slowly. Thirty-one more Mexican states have yet to enact it. And actual practice may lag long after enactment.

He looked haggard. We talked about this and that. I said we had heard he was desperate. His eyes soften as he nodded. Later, he cried during D’s turn. She led him in a breathing exercise, the two of them crying softly. I had told him to redouble his physical exercise. I think he could not really let it all out in front of another man, especially in front of a man who was on the outside. He talked about liberty, and that that was what was the most precious thing in life. He said something about twenty years. I let it slide. I didn’t want to speculate with him that he might remain caged for that length of time. I believe it was a pessimist speaking, not a guilty man. We both knew that Napoleonic law is open to corruption, error and incompetence.

When it was D’s turn, the guard wasn’t in her office. She couldn’t go to the visiting window and telephones without the guard’s permission. I held up my thumb and forefinger, as if I held an invisible centavo (penny) between them. It meant, in Mexico, that it would be a minute or so before D could visit. He got up and began pacing back and forth along the row of seats and telephones on his side of the barrier. Like a caged zoo animal.

While he and D visited, two women came in. They dropped off baskets of food with the guard. There are about ten chairs for visitors to sit in while they wait their turn to visit. One of the two women sat down right beside me. That is not what happens outside. The other woman sat on the other side of her. I do not understand this readiness to sit right next to another visitor, an older gringo, a stranger, a man. But it has something to do with the need for closeness in the context of the Inside, with the assumption that we are in this together. I don’t think we even exchanged Buenas Tardes. So that too was different.

The other woman got up, the guard opened the door and handed her a shopping bag of empty food containers. Along with two framed pictures portrait-sized, one of which held as many as twelve photos of the same very young girl, presumable the prisoner’s daughter. The other, as I remember, a country landscape, perhaps from their village. I do not know why he had to give them up. Perhaps he had never got them.

Back at the guard station where I had left the car keys and my belt, in front of a woman of modest means, a guard was stirring a wooden spatula around in a plastic container of soup, looking for contraband or weapons. The woman did not look happy. How many times had she gone through that? And how many times would she again? There were several women, all poor, waiting to have each one of their containers probed.

The Difficulty With Mexican Crime Investigations

I have always wondered exactly how it worked. Mexican law is based on Napoleonic Law, and before that, Roman Law. It is, I have found, an urban legend that in Mexico you are presumed guilty until proven innocent. But if the Public Ministry finds there is enough evidence (and that is a big presumption in the way things work), you will sit in prison while not evidence but “testimony” (sometime coerced) is collected, so a judge can decide by himself/herself whether you are guilty, half guilty.

Or innocent.

Napoleonic Law as practiced in Mexico does not—and I am not a lawyer—does not provide enough protections for the defendant. The accuser(s) can add to existing “evidence” and that evidence in the form of statements accumulates under loose and often incompetent controls. 80 days is supposed to be the legal limit for what is called arraigo, detention without charge. There are many problems with arraigo here in Mexico, and in other countries. There is much room for mischief.

From p. 25 in the fine study done at the University of San Diego, “Detention Without Charge” https://justiceinmexico.org/detention-without-charge-now-available/#.ViQK5m6RHP8.facebook:

“Perhaps the government could not offer a clear requirement (around arraigo) because there is none to be found in either the criminal code or the (Mexican) Constitution. In the prosecution phase of criminal proceedings, the MP (Ministerio Público) has the burden of proving guilt, but with arraigo there is no mention of reasonable suspicion, probable cause, clear and convincing evidence, or proof beyond a reasonable doubt. This lack of a clear standard of required proof makes judicial review for reasonableness impossible.”

You can read more about my visits with my friend at sterlingbennett.com

Here is the clearest explication I’ve seen yet.

By way of Mexico Voices (http://mexicovoices.blogspot.mx/)—an English translation of the article “Mexican Judicial Institutions Don’t Know How to Investigate Crimes” from the Mexican weekly Proceso, by Sara Pantoja.

“Mexico City The Ayotzinapa case (the forced disappearance of 43 students) revealed that Mexico’s law enforcement institutions are not prepared to investigate, and legal case files* are put together not [based] on scientific evidence, but in complete dependence on formal legal statements [by detainees and witnesses].”

Footnote to the article translation by Mexico Voices’ Jane Brundage: “Mexico’s criminal justice system is very different from the U.S. system based on Common Law, where criminal cases are tried before judge and jury, with witnesses questioned and cross-examined in open court. Derived from the Napoleonic Code and Roman Law, criminal proceedings in the tradition of Civil Law are carried out primarily by means of documents submitted to the court, respectively, by the Public Ministry performing its prosecutorial and investigative functions, and (the same for) the Defense Team. The Judge reviews these documents (compiled in a formal legal file, expediente) in private, then issues a series of orders, rulings and resolutions. The Judge’s first orders ground each document in the applicable law, organized in two documents: Penal Code and Federal Code of Criminal Procedures.

When the legal file is complete, the Judge analyzes the documents in the formal legal file (which can run well in excess of 500 pages) in order to determine the Final Resolution of the case: guilt or innocence.”

My friend Don Coulter added a point I should have made (how the law is supposedly changing) in a Comment, which I quote here in full.

Don Coulter

While the footnote by Jane Brundage is accurate, I’m surprised she didn’t point out that Mexico is in a period of transition toward a criminal-justice system more similar to that of the United States. I quote from an article on insightcrime.org earlier this year:

“Mexico is in the midst of implementing criminal justice reforms passed in 2008, substituting inquisitorial court trial proceedings–in which trials are conducted mainly through paperwork and defendants have few opportunities to communicate directly with a judge–with oral-based, accusatorial proceedings more akin to those employed in the United States. The objective is to bring greater transparency to court proceedings, as well as to expand the rights of the accused and institute the presumption of innocence until proven guilty.

“However, the rollout of the reforms has been slow: only four states have completely made the switch, while 25 have made partial changes. All 31 states plus the federal district are expected to implement the reforms by June 2016.” (http://www.insightcrime.org/news-briefs/experts-warn-of-challenges-to-mexico-s-judicial-reform-rollout)

Don Coulter continues: I would add that I think it’s extremely unlikely that the reforms will be fully in place by next June. And even if they are, they will hardly put an end to the institutional incompetence and corruption that plague all levels of Mexican government. One can only hope they’ll be the start of a long-term reform effort.

Sterling continues: A good companion piece to “The Difficulty with Mexican Crime Investigations” might be the September 30, 2015 New Yorker article “Mexico’s Missing Forty-Three: One Year, Many Lies and a Theory That Might Make Sense,” by Francisco Goldman. Mexico, the author suggests, may never have seen the likes of the evidentiary narrative constructed by the team of highly respected independent foreign investigators that been looking into the case. A new forensic model Mexicans may want to adopt.