Mexico has a little over three years to make the nationwide criminal justice reform operate, which forces state governments, legislatures and courts to speed up the pace for implementation of pending "essential actions", say officials and analysts.
With enactment of the reform in June of 2008, a period of eight years was established for, among other things:
- Congress to pass secondary legislation at the federal level, for the
- Thirty-two states to adjust their laws, and for
- Judicial authorities to remodel their facilities and train personnel.
MV Note: Mexico's judicial system has been an inquisitorial one, in which judges review in private documents of evidence and arguments presented by prosecutors and defense lawyers. Based on this, they then rule on the guilt or innocence of the accused. The reform mandates public trials in which prosecutors and defense lawyers present evidence and make oral arguments before the judges, who still decide guilt or innocence.Nearly five years after its publication, however, the Congress has not yet approved the key regulations like the new Federal Criminal Procedure Code. Meanwhile, the reform has begun to operate in fewer than half of the states, stated María de los Ángeles Fromow, head of the Technical Secretariat of the Coordination Council for Implementation of the Criminal Justice System (SETEC) in an interview conducted last March.
"There is much to do. We see states where we all need to push ourselves to get the system to work by 2016. We are in a situation that demands a greater effort. We have three years to accomplish a series of essential actions for the system to be truly effectively implemented throughout the country," she said.Among other things, the reform requires that:
- Trials be public and oral rather than based on written records [statements]; it
- Establishes minimum rights for detainees and victims; it
- Orders the State to strengthen its public defenders; and it
- Creates alternative mechanisms so the two parties might agree on a solution to a conflict, instead of having to litigate everything.
By May of this year, the number of states in which the reform is operating had risen to thirteen (Chihuahua, State of Mexico and Morelos are the furthest along), while seven more states will begin its operation in the coming months, stated Fromow.
The SETEC, which is part of the Secretariat of the Government Relations (SEGOB), was established to monitor the implementation of these changes and to coordinate the delivery and implementation of federal grants to local governments.
The Fifth Forum for Security and Justice, organized by the National Network for Oral Trials and Due Process, began on Tuesday [May 7]. Alejandro Martí, president of Mexico SOS; John N. Silva Meza, president of the Supreme Court of Justice of the Nation, and President Enrique Peña Nieto will participate in the opening ceremonies.
The three-day forum seeks to create commitments from the major players in the criminal justice system for implementation of the new criminal justice system.
Legal and Technical Challenges
Some experts believe that the immediate challenge facing the reform is that the federal Congress complete and approve the necessary secondary legislation; and, in the local environment, that the legislatures make appropriate policy adjustments.
A second challenge is that federal and local lawmakers must approve sufficient resources for renovation of court facilities and the training of prosecutors, defense lawyers and judges, said Iliana Rodríguez Santibañéz, a law professor at Monterrey Tech. Besides infrastructure, training of involved officials is needed so they will adapt their behavior to the new rules, she said.
In 2013, the SEGOB will provide 458 million pesos [38 million USD] to the states for implementation of the new system of justice, according to the Expenditure Budget of the Federation (PEF). The figure represents an increase of 3.3% over the 2012 distribution.
Confidence in Justice
Fromow believes that the authorities should focus not only on advancing implementation of the reform, but that its operation may spread and build trust among the citizenry.
Legal and Technical Challenges
Some experts believe that the immediate challenge facing the reform is that the federal Congress complete and approve the necessary secondary legislation; and, in the local environment, that the legislatures make appropriate policy adjustments.
"The first challenge is coordination of laws. Without this legislative dimension, it is impossible for the reform to operate," said Pedro Salazar Ugarte, Professor of Law at the National Autonomous University of Mexico (UNAM).In December as part of the Pact for Mexico, the three main parties--Revolutionary Institution (PRI), National Action (PAN) and the Democratic Revolution (PRD)--agreed that one of their priorities for this year will be to approve a new Federal Code of Criminal Procedures. Last week, Senate committees began meeting with various sectors of society to gather views on the points that will have to be included in that document.
A second challenge is that federal and local lawmakers must approve sufficient resources for renovation of court facilities and the training of prosecutors, defense lawyers and judges, said Iliana Rodríguez Santibañéz, a law professor at Monterrey Tech. Besides infrastructure, training of involved officials is needed so they will adapt their behavior to the new rules, she said.
In 2013, the SEGOB will provide 458 million pesos [38 million USD] to the states for implementation of the new system of justice, according to the Expenditure Budget of the Federation (PEF). The figure represents an increase of 3.3% over the 2012 distribution.
Confidence in Justice
Fromow believes that the authorities should focus not only on advancing implementation of the reform, but that its operation may spread and build trust among the citizenry.
"I would say the first great challenge is that this system can be perceived by society as a system that gives more effectiveness to justice, a greater capacity for the society to have certainty that its justice system is working, which is something that society requires and is demanding from the authorities," she said.Law enforcement institutions receive a rating of 6% trust, among the lowest ratings given by citizens, according to the National Survey on Criminal Justice System in Mexico (ENSIJUP) prepared by the SEGOB in 2012. Promoters of the 2008 criminal justice reform state that one of its objectives is that citizens might trust the authorities by establishing a justice system that is more transparent and effective.
However, some experts warn that public distrust could even grow if the proposed changes are not implemented on schedule because, among other things, there would be no certainty about how criminal proceedings are to be carried out.
"Time is running out to implement the reform. If it isn't implemented on time, the consequences would be extremely delicate," said Salazar Ugarte.