Highlights
− Mexican Congressional lower house passes new justice reform bill, giving police greater legal means to battle drug cartels
− Removal of a warrant-less search provision and inclusion of an organized crime loophole leave mixed feelings of support
− Bill will do little to address larger problems of police corruption in the fight against drugs
On February 25, 2008, the Chamber of Deputies in the Mexican Congress passed the “Justice Reform Bill.” The bill had been set as a high priority item by Mexican President Felipe Calderón and aims to transform the Mexican judicial system from antiquated, back-room dealings to an open, Anglo-American style process as the nation continues to face a rising threat from organized crime groups, primarily drug trafficking cartels.
One of Mexico’s largest and most visible crime problems continues to be drug-related violence. Despite President Calderón’s deployment of over 20,000 Mexican troops to key areas along the United States-Mexico border in December 2006, thousands have been killed in clashes between the drug gangs and police. Further, Mexico remains a major trans-shipment point for illicit drugs passing from South America to the US (Previous Report).
Provisions of Reform
With the inclusion of constitutional amendments, such as the establishment of public trials, the bill aims to give greater rights to both victims and suspects, and speed up the judicial process. Under the proposed bill judges will be present for every step of the process and attorneys permitted to present oral arguments. Additionally, the bill contains amendments to guarantee the presumption of innocence, reduce maximum limits on pre-trial detention, and create alternatives to jail time for minor crimes.
However, the inclusion of alternate penalties for minor crimes and the decrease of holding times before trials are likely more of a necessity than a move towards liberalizing justice. Mexican jails have seen major overcrowding in recent years, with over 40 percent of those currently incarcerated still awaiting trial. Additionally, 70,000 people are serving time for stealing less than US$500.
Warrants Still Needed
After attaining first-round Senate approval, a new amendment that would have allowed security officers to conduct searches without a warrant was removed by lower Chamber legislators. Human rights activists praised this removal, which would have permitted security personnel to enter private homes if they believed a crime was being committed or that someone was being injured.
Although the removal of the warrant-less searches provision delays the passage of the overall bill, we contend it will make for a fairer reform.
The Cartel Loophole
The bill did manage to survive with a new controversial definition of organized crime groups. Under the reform, “organized crime” is any group of “three or more people formed with the intention of repeatedly breaking the law.” If law enforcement officials determine a suspect is part of an organized crime group, they can be lawfully detained for up to 40 days without bail prior to being charged. In addition, if officials determine that their crime meets other standards, it is possible the individual could be denied the newly instated public trials. While this provision gives greater leeway for law enforcement officers to counter cartel groups, continued concerns of police corruption could lend this loophole to exploitation.
Future Outlook
While the bill has passed the Chamber of Deputies, the edited version, including the exclusion of the warrant-less searches provision, must be re-submitted to the Senate for a second vote, where it is expected to pass without hindrance. President Calderón must also sign the final bill. Keeping stride with his hard-line stance on security measures, there will likely be little protest.
Upon passage, state governments will have eight years to implement the required changes. We expect many states will have difficulty meeting this deadline, as time will be needed to construct courtrooms large enough for public attendance, re-train lawyers in oral argument skills, and hire hundreds of new judges.
The larger issue in question is the impact that this reform will have on the ability to combat the primary problem of narcotics trafficking. Much of the problem lies in corruption among local police personnel, rather than any previous legal hindrance. The reform does little to offer substantial change in rooting out corruption; therefore, we expect little change in the cartels’ ability to carryout illicit activities in the near- to mid-term.