- I promised to comment on further actions in the Mexican congress
on the sweeping judicial reform bill. As it stands now at the end of
February, the Chamber (House) has debated the bill as voted by the Senate
and has eliminated some of the language that permitted searching without
warrants of homes by police "if human life was threatened". In addition,
language was taken out extending how long those arrested could be held
before charging to 80 days. The bill has been sent back to the Senate with
these changes. These changes have been strongly requested across the board
by various human rights groups here. In my opinion, the Senate will ratify
these changes.
One thing that is not very well appreciated by those not living in
México is the universal distrust that all Mexicans have of our present
justice system and in particular our enforcement system. Legalizing
searches without warrants and holding, without charges, of suspects for
that long go over like a lead balloon here. It is also a fact that these
practices have been regular events in the present legal system. And is it
is now, waiting in jail for 6 or 8 years for your case to even be heard is
not unusual under the "guilty until you prove you are innocent" system now
in place.
From the administration's position on asking for these provisions, we
have to realize that Mexico is in fact at war. A war against the drug
cartels that is killing almost 3,000 people a year presently. It is the
old story of trying to balance rights of the people against fighting a
war.
In an excellent column in our new local English language newspaper,
The News, Ronald Buchanan points out the long and expensive process
that the changeover will take.
Since this will require changes in our constitution, this must be
ratified by 17 of our 31 states. While the overwhelming votes in the
congress portend to ratification, it will take time.
We have an existing legal profession here that must be retrained to
an entirely different concept of the law. And since only actual lawyers
will act as public defenders (not so now), lawyers will have to be
educated for the requirements of the new justice system. Of note, the
defense lawyers will now receive equal pay as the prosecutors do in a
great leveling of the playing field. And, of course, judges have to be
retrained and actual courts have to be built for public access to trials.
Some estimates on the time to convert the justice system is that it
will take at least eight years. What is not mentioned in this new reform
is a reform of our police system.
Mexicans have long recognized that the police systems here are
hopelessly corrupt. As an example of this, it is almost standard practice
for the Mexican army, when taking over a city police department in border
cities, to seize all police arms. The weapons are given ballistic tests
against drug assassinations in the area.
In the past, when a particular police agency was admitted to be
corrupt, a new police agency was instituted to take over the duties of the
old one. But the old corrupt agencies weren't replaced, only new agencies
were formed. This leaves México with a multitude of police agencies that
not only do not share information but also operate in conflict with other
similar agencies. In some documented cases, competing police agencies have
actually entered open shooting actions against other police agencies while
conducting investigations. In public! How's that for instilling public
trust in the police?
It is a joke in Mexico that the traffic police have one division for
charging you if your left turn signal is not working. And a totally
different agency would be involved if it were the right signal.
I remember an incoming federal attorney general, promising to clean
up one of the main federal police agencies, who fired outright almost
3,000 police (and in the meantime forming another police agency to take
over many of the duties). He was asked if these firings would make that
agency free of corruption and he replied that if he fired all of the
corrupt police there would be no police left. The problem was that the
fired cops simply went into a life of open crime by organizing kidnapping
gangs.
But we must remember that a legal and enforcement system that has
been allowed to sink to such a level of inefficiency and corruption will
require time and money to correct. It took decades for us to reach this
nadir of justice. This is only the first step. But the rewards to the
country of México are worth it.
One final note is that I have not seen any specific reference to any
right to confront your accusers, as is one of the mainstays of the common
law codes. I am assuming that this is in the reform in process. Let's hope
so.
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Richard N. Baldwin T., a HispanicVista.com (http://www.hispanicvista.com/)
contributing columnist, lives in Tlalnepantla, Edo de México. E-mail at:
R1041643422@aol.com
By
Richard N. Baldwin T. /HispanicVista.com