Thursday, January 10, 2019

AZMEX SPECIAL 10-1-19

AZMEX SPECIAL 10 JAN 2019


21 thousand military Armed Forces, left, another army in the streets
Details Published on Thursday January 10, 2019,
Written by Special

http://www.eldiariodesonora.com.mx/notas.php?nota=123320

Mexico City

The government of Peña inherits this figure from López Obrador from trained elements to exterminate enemies, only that they are defectors and expelled for misconduct, rescission of contract or request.

The newly inaugurated government of Andrés Manuel López Obrador will have to deal with at least 21,446 soldiers who left the Armed Forces during the administration of Enrique Peña Nieto. There are 9 thousand 37 deserters, 755 expelled for misconduct, 4 thousand 624 who were rescinded or terminated the contract and 6 thousand 630 who requested their own discharge, indicates official data of the Secretariats of National Defense (Sedena) ((Army)) and of Marina (Semar). ((Navy))

Trained in the military doctrine for the handling of firearms, ambushes, combat and incursion in zones of risk, and trained in resistance and survival, the more than 21 thousand ex-militaries possess combat skills and abilities, based on techniques and tactics that in no few occasions have taken advantage of by organized crime.
The Zetas are an example of this.

Most of the ex-military officers belonged to the Sedena: between January 2013 and October 2018, this institution dropped 18 thousand 580 members (88.4 percent) for these four reasons; while the Navy accounts for 2 thousand 466 of its members (11.6 percent). However, Semar would have suffered even more losses, since its data only covers the period of January 2015 - the third year of Peña Nieto's government - to May 2018.

Of the more than 18 thousand soldiers who were "lost" from the Sedena,
7 thousand 815 deserted, 618 were thrown out by the institution itself to accredit them misconduct;
5 thousand 737 applied for their own leave,
and 4 thousand 410 their individual contract was rescinded, without specifying the reasons.

For its part, the Semar indicates that between 2015 and May 2018, 1 thousand 222 of its members defected,
137 were deposed for their military indiscipline, 893 submitted their own application for leave and 214 the contract expired.

Without labor rights

Contracts between the military and institutions can be rescinded at any time or, at the end of these, the military may not be rehired, explain to Dr. Contralínea Alma Sánchez Hernández and Martha Cordova Roldán, specialists in military and maritime law in situation of retirement. That is legal: there is no unjustified dismissal, they refer.

And it is that the relationship of the military with the Semar and the Sedena is not labor, but administrative, explain the academics of the Law School of the National Autonomous University of Mexico.

Therefore, unlike public servants, soldiers and sailors do not have labor rights: their days are not 8 hours or guaranteed weekly or holiday breaks. Neither seniority nor unionization.

In an interview, the attorneys add that this derives from Article 123 of the Constitution, which in section B, section XIII, establishes that they will be governed by their own laws. Therefore, they detail, neither the Federal Labor Law nor the Federal Law of Workers in the Service of the State protect soldiers and sailors.

In this context of the military jurisdiction, as the experts call it, the desertion of the Armed Forces constitutes a crime. Foreseen in article 255, section II, of the Code of Military Justice, it happens "when they fail without justified impediment for 3 consecutive days to the lists of targets and retreats of the forces to which they belong or to the dependencies of which they are a part".

Therefore, each of the 9 thousand 37 defections that occurred during Peña Nieto's six-year term, would have generated a criminal procedure in military courts.

According to Lieutenant Colonel of Military Justice Salvador Candelario Cruz -justice control of the II Military Region, based in Tijuana, Baja California-, 99 percent of the issues that are discussed in military courts have to do with defections
(Uniradio Informa , October 16, 2018).

The military or war jurisdiction applies only to military personnel, and crimes are committed in acts of service, explain Dr. Alma Sánchez Hernández and teacher Martha Córdoba Roldán. However, they clarify that even soldiers and sailors in a situation of retirement can be called to accounts, tried and sentenced, because they are still part of the Armed Forces.

Military dead and missing in acts of service

Regardless of their contractual status, the military is required to sacrifice their own lives, says the teacher Cordoba.

"The service of weapons requires that the military carry out the fulfillment of duty until sacrifice and that puts the personal interest, the sovereignty of the nation, loyalty to institutions and the honor of the Army," says the General Regulation of Military Duties .

And in Peña Nieto's administration, 185 soldiers from different ranks complied with that slogan: they died in application of the Permanent Campaign Against Drug Trafficking and the Federal Law on Firearms and Explosives Control.

The data of the Sedena indicate that in December 2012 - the first month of the Peñista government - there were four those killed: three for assault with a firearm [armed confrontation] and one more due to an automobile accident. In 2013, 44 died; in 2014, 32; in 2015, 31; in 2016, 24; in 2017, 39; and between January and June 2018, another 11.

The information also shows that 22 incidents claimed the lives of between two and eight soldiers per case, with the armed attack of the Jalisco Nueva Generación Cartel on an Air Force helicopter the most deadly criminal act for the military. Happened on May 1, 2015 in the vicinity of Casimiro Castillo, Jalisco, this caused the death of four captains - one of them, the pilot of the aircraft, who was assigned to the Air Force - and two sergeants.

Another one of those 22 incidents happened in 2018. It was a lethal armed attack, on May 8 in the conflictive municipality of Coyuca de Catalán. According to the data of the Sedena, he claimed the life of a lieutenant, a second sergeant and a corporal, assigned to the Infantry Battalion.

The events were recorded at the El Pozo ranch, where the military had come after receiving an anonymous report that there were armed persons (El Universal, May 9, 2018).

Others who would have fulfilled the mandate of sacrifice are the missing military.
In total, there is a registry of 203 personnel who lost their lives in the fulfillment of their duty: 197 of the Sedena, between 2013 and 2014
(for the years of 2015 to 2018 there were no such cases), and six of the Semar, between 2015 and May 2018.


For most of the military, that sacrifice that is demanded is not paid in the salaries:
while the generals earn 129 thousand 489 net pesos a month, ( $. 6,800 USD )
a soldier receives only 10 thousand 953 pesos ($575 USD );
a corporal, 11 thousand 471 pesos; a second sergeant, 12 thousand 364;
and a first sergeant, 12 thousand 727 pesos.

In the case of Semar, things are not different: while the admirals get 126,792 pesos per month ( $ 6,600 USD )without discounts,
a sailor only earns 13,371 pesos; ( $700 USD ) a chief, 14 thousand 215 pesos; third master chief, 15 thousand 466.

The discipline

Among the most common affectations suffered by the military due to the availability to the higher orders, the one that impacts their residences and schedules stands out: the member of the Armed Forces goes to where he is required, the time he is asked for and at the time are established.

"We are available for service 365 days a year, 24 hours a day. Regardless if you had scheduled vacations or breaks:
if they call you, you must introduce yourself, "explains Sánchez Hernández, Ph.D.

The job uncertainty faced by members of Sedena and Semar also includes job instability. And in the case of auxiliary personnel, the contracts are annual and quinquennial. After that time, they can be dismissed without having the right to a labor trial for unjustified dismissal. In addition, the assistants do not go into a retirement situation, they simply cause a loss of job.

Still subject to military jurisdiction, lawyers Alma Sánchez and Martha Córdoba explain that the staff is organized into active, retired and reserves.
In addition, in auxiliary and permanent militiary. And only the latter can access the withdrawal.

To be part of the permanent militiary, the troops of the Sedena and the Navy must comply with a series of requirements, such as time of service, special studies -including languages- and pass medical, psychometric and military knowledge tests, they detail.

Deserting militiary or sacrificing life

21 thousand 46 soldiers left the Armed Forces in the government of Enrique Peña Nieto:
9 thousand 37 deserters
755 expelled for misconduct
4 thousand 624 with contracts rescinded or expired
6 thousand 630 requested their own discharge
18 thousand 580 (88.4 percent) were members of the Sedena
2 thousand 466 (11.6 percent), of the Navy

They are trained in military doctrine for the handling of firearms, ambushes, combat and incursion in areas of risk,
and trained in resistance and survival; possess combative skills and abilities, based on techniques and tactics

The sacrifice

185 soldiers of different ranks died in application of the Permanent Campaign against Drug Trafficking
and the Federal Law on Firearms and Control of Explosives, in the presidency of Peña Nieto

203 soldiers and sailors disappeared in the line of duty

Sources: Sedena, Semar

END

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