At a press-conference on 5 October, international judges who comprised a Mission of Observation in Mexico reported on their primary conclusions regarding the state of justice in the country. During the five previous days, they interviewed different civil-society actors, authorities, and judicial powers from different states of the country to try to “elaborate a qualitative panorama of the state of justice in Mexico.” If within their primary conclusions they stressed advances like the recent approval of the reform on human rights as passed in June 2011 or the progress promoted by the Supreme Court for Justice in the Nation with regard to military tribunals, they also spoke to a long series of failures and deficiencies within the apparatus of administration of justice within Mexico, including among other things the following: the problem of community control (that “beyond violating the rights of the accused, is absolutely inefficiently for penal persecution“); the lack of prioritization of the focus on human rights in the proposal of public policies of reforms for the system of penal justice; the poor imprisonment conditions for those being held; the “culture of corruption” among judicial powers within Mexico; the lack of autonomy and independence for judicial powers from the states and even the absence of the separation of powers in many of these states; the lack of efficient mechanisms for the rendition of accounts in the judicial system; the absence of an adequate mechanism of training for new judges; and the persistence of torture, abuse, and other degrading treatment directed against those imprisoned.
The judges affirmed that “the present model of justice in work […] finds itself within a state that does not structurally permit the constitution of a true jurisdiction that protects Mexican workers. We indicate that the present project of labor reform […] if approved would leave without defense millions of persons who will see their aspirations for a better life frustrated; it would also gravely compromise the existing social security.” They pointed also to “the extremely high level of violation of rights that is signified by the law on migration.” In general terms, they note that the Mexican State “has attempted to construct a policy of security related to justice that degrades security for the police and military and impedes the construction of comprehensive conceptions of policies for human security, which are necessary for a democratic state that promotes the rights of its citizenry.”
Lastly, they indicated some concrete cases of the criminalization of social movements in Mexico, for example the cases of Francisco Jiménez Pablo and Eric Bautista Gómez, leader and spokesperson (respectively) of MOCRI-CNPA-MN. Lastly, they noted the situation “that is developing in part of the state of Chiapas with regard to the adjudication of lands to communal organizations as regards territory recuperated by Zapatista support bases, such as the present case of the Comandante Abel community. The commissioners call on the authorities and communities to begin a process of dialogue and not to continue with the situations which promote confrontation among communities.”
For more information (in Spanish):
Boletín de prensa completo (Misión de observación de la Justicia en México de La Red Iberoamericana de Jueces, 5 de octubre de 2012)
Video Conferencia de Prensa: Jueces Internacionales dan a conocer las Conclusiones de la Observación del Estado de Justicia en México (CENCOS, 5 de octubre de 2011)