Five things you need to know about Mexico’s controversial justice reforms

President Andrés Manuel López Obrador’s controversial judicial reforms, approved by lawmakers on Wednesday, make Mexico the only country in the world where all judges are elected by popular vote.

The leftist leader has frequently criticized the judiciary, particularly the Supreme Court, which has hampered some of his reform plans in areas such as energy and security.

The judicial reforms were approved by a Congress dominated by the ruling coalition, following presidential elections in June won by Lopez Obrador’s close ally Claudia Sheinbaum, who takes office on October 1.

Five things you need to know about the reforms:

– Judicial elections –

The most important – and most controversial – part of the reform plan is the popular election of judges and magistrates at all levels, including Supreme Court judges.

They will be elected in extraordinary elections in 2025 and 2027, from candidates nominated by the executive, legislative and judiciary branches.

Until now, the members of the Supreme Court were nominated by the President and confirmed by the Senate, while the Federal Judicial Council appointed judges and magistrates based on examinations and merit.

According to Lopez Obrador, the reforms are aimed at purging the judicial system of corruption.

Opposition parties, human rights groups and the United States have expressed concern that the changes will undermine the independence of the judiciary and leave judges at the mercy of drug cartels that use bribery and intimidation to influence officials.

– World first –

According to experts, Mexico is the only country in the world where judges and magistrates are elected at all levels.

“This does not exist in any other country,” said Margaret Satterthwaite, United Nations special rapporteur on the independence of judges and lawyers.

“In some countries, like the US, some state judges are elected, and in other countries, like Bolivia, high-ranking judges are elected,” she told AFP before the bill was passed.

According to Satterthwaite, Lopez Obrador’s reforms “put Mexico in a unique position in terms of its judicial selection methodology.”

– Supreme Court Cuts –

The reforms will reduce the number of Supreme Court justices from 11 to nine, while shortening their terms of office from 15 to 12 years.

The plan also ends the lifetime pension that judges receive after their term ends, and prohibits them from earning more than the president. This measure already exists but is not enforced.

– New watchdog –

The reforms abolish the Federal Council for the Judiciary, which supervised the conduct of judicial officers. In its place, an administrative body and a judicial disciplinary board are established.

The tribunal will evaluate and investigate the performance of judges, can refer potential criminal cases to the Attorney General’s Office, and can request Congress to impeach judges.

According to the Supreme Court, impunity in Mexico is 90 percent. About 80 people are murdered every day.

The Supreme Court has called for improvements in the capabilities of investigative bodies in place of what the Chief Justice called a “dismantling” of the judiciary.

– Anonymous judges –

A system of anonymous judges is used to ensure their safety and identity in cases involving organised crime.

The measure has been criticized by the Office of the United Nations High Commissioner for Human Rights in Mexico, which says it obscures the suitability and competence of judges.

A similar system was also used in other countries in the region, including Colombia, when the country suffered a wave of drug-related violence in the late 1980s.

In El Salvador, following a state of emergency declared by President Nayib Bukele, authorities have arrested thousands of suspected gang members without warrants and are being brought before anonymous judges.

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