Breathe
By Sophia Huett
The story of Carlota in Chalco sparks a debate as uncomfortable as it is urgent: What happens when you are invaded and the police do not act? Carlota, an elderly woman, shot at people who -according to her version- were occupying a property she owned. But what has caused the most indignation is not only the shooting, but the reason why she felt compelled to do it: she had asked the police for help and got no response.
Did the police fail? Did they ignore it? The reality is more complex. Municipal police in Mexico have well-defined functions by law, and when it comes to civil matters such as a possible irregular occupation (which does not fall under flagrante delicto), their hands are tied. Literally.
According to Article 21 of the Constitution and the General Law of the National Public Security System, the main function of the preventive police is to prevent crime and maintain public order. Their action must be immediate when a crime is being committed -in flagrancia-, but when it is a dispute over property, we are in the realm of civil, not criminal law.
This is where the system shows its most dangerous crack: if someone occupies your house without violence and without you being present (i.e., without breaking locks or forcing entry in front of witnesses), it is not considered a crime of trespassing or flagrant dispossession. Eviction, in these cases, can only be ordered by a civil judge, not a patrol car.
Then, when Carlota called the police, she was probably told the famous phrase: "This is a private matter, you have to go to the Public Prosecutor's Office or file a lawsuit". And while that happens -which can take months or years-, the occupants stay, and the legitimate owners are left defenseless.
Yes, the Federal Criminal Code (art. 395) and the local codes criminalize property dispossession, but only when it can be proven that someone entered with violence, threats or deception, or when they were caught in the act. If the entry was peaceful and the occupation continues, then the police can no longer act without a warrant. It is an operational loophole that leaves citizens without tools and police officers without leeway.
Most municipal police do not have legal areas to guide them on how to proceed in these legal "gray areas", nor with continuous training in civil and criminal law, nor with differentiated protocols to address possession conflicts. Added to this is the lack of personnel specialized in community mediation, and in many cases, the well-founded fear of the elements of incurring administrative or criminal liability for acting outside their legal framework. The result: frustrated citizens, overburdened police officers and, in cases such as Carlota's, a tragedy that the system could have avoided.
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