November 11, 2000

Foreigners rights and obligations while in Mexico.

Contrary to popular belief in the U.S., Mexico does not have two sets of laws - one for Mexican citizens and another for foreigners. The same laws apply to Mexican citizens as well as to foreigners in Mexico.

Both foreigners and Mexican citizens have protection under the Mexican constitution.

Constitutional protection is granted by Chapter I, Title I.

                        Article 17 III - No individual can be detained or imprisoned for a civil debt.

                        Article 19 III - While in detention, no individual shall be subject to physical abuse or intimidation.

                        Article 20 II - Under no circumstances can a person be held incommunicado while in detention.

                        Article 20 V - Persons detained may offer any proof necessary or required on behalf of their defense.

                        Article 20 IX - An attorney may be appointed at the moment of detention.

The above are basic rights afforded by the Constitution. Other rights specific for foreigners include:

                        When a defendant does not speak Spanish, the District Attorney will appoint an interpreter.

                        When the person being held is injured medical attention will be provided in a public hospital, or in special circumstances, at a private facility under the supervision of the proper authorities.

                        The person being detained can obtain provisional release from the District Attorney by awarding a surety bond, provided the case involves a traffic accident, or is within the nature of a negligence crime violation, the detained was not under the influence of alcohol or drugs at the time of the accident, and that payment of damages is guaranteed.

Obligations

Foreigners have the obligation to obey and respect all the laws, authorities and governmental institutions.