Hallazgos 2023: Follow-up and evaluation of criminal justice in Mexico

Mexico is currently going through the reform of a key element of the justice system: the Judicial Branch, at both federal and state levels. Those who support this measure argue that it will eliminate corruption, democratize the system, and reflect the will of the people expressed in the voting booths. Despite these promises, the reform approved does not consider such fundamental topics as access to justice and the protection of people’s rights. In this context, evidence suggests that the right to the administration of justice will not improve with this reform, but that the initiative is driven by political interests that, by focusing solely on the Judiciary, ignore a broader, more systematic vision.

This omission is particularly concerning in the setting of the Criminal Justice System (CJS), where the courts have proven to be key actors in guaranteeing fundamental rights. Through our research projects –such as the “Observatory of the Quality of Justice: Judicial Hearings and Resolutions”– we have identified judges as the figures who really enhance the quality of justice by demanding that police and prosecutors provide solid evidence that protects both victims and defendants. This essential role is compromised, however, by the reform that, by replacing judicial personnel on a massive scale and disparaging accumulated experience without strengthening the judicial career, threatens to impede the advances achieved to date.During the past six- year presidential term, the task of articulating policies of security, justice, and human rights was ignored, and institutional efforts were fragmented. Thus, we must reflect on the real impacts, not only of judicial reform, but also of other reforms that affect the administration of justice, such as broadening the use of mandatory pretrial detention. For these reasons, I call on President Claudia Sheinbaum to take this opportunity to ensure that public policies in matters of security, including the National Guard, align with the policies of justice and respect for human rights.