The reform to the Judicial Branch promoted by President Andrés Manuel López Obrador, as proposed, will put the rule of law in Mexico at serious risk, warned former federal magistrate Martha Elizabeth Ibarra.
In a statement, she warned that the election of judges and magistrates by popular vote would not guarantee their professionalism, impartiality and independence, in addition to the fact that the objective of “democratizing” the administration of justice would not be achieved.
If carried out in this way, one of the fundamental principles of a rule of law would be violated, which is precisely judicial independence. The neutrality of our judges is essential so that all citizens have the certainty and security that each case will be judged with total neutrality and not according to interests,” said the jurist.
Instead, she affirmed, these efforts for improvement and evolution should focus on protecting the rights of citizens and maintaining public confidence in the judicial system, which “is a bulwark that cannot and should not be compromised.”
The specialist listed the risks that judicial reform would entail, including the “politicization” of the Judiciary; the financing of candidates for judges by interest groups; and the possibility of appointing incompetent justice administrators.
Judges must make decisions that, although unpopular, are correct according to the law and justice. The pressure of public opinion in a system of popular election could lead judges to issue rulings based on what is popular, instead of what is legally correct,” warned the former magistrate.
Martha Elizabeth Ibarra stressed that in first world countries “ministers, judges and magistrates have total independence to exercise their functions, without undue interference from other powers of the state, political groups or external influences that put at risk the guarantee of a fair and equitable trial.”
In these positions, we really need women and men of great moral value, legal professionals, with vast knowledge and experience so that those governed have the legal certainty that in Mexico the judges will comply with the fundamental principles that govern judicial work in Mexico: Independence to judge, impartiality in their rulings, objectivity and professionalism, which requires a rigorous process of competitive examinations designed to ensure that those who dispense justice do so with the utmost professionalism and commitment,” she said.
The jurist acknowledged that unfortunately in these public positions there are profiles not suitable to be judges, “which is evident when, due to cronyism or finger pointing, those positions are occupied by those who do not have the slightest knowledge to dispense justice, nor do they have the jurisdictional career that is required, or much less know the laws that they must apply in their daily work.”
However, the specialist stressed that “although the democratization of the election of judges and magistrates may seem like a way to increase citizen participation, it compromises the impartiality and quality of justice and the application of the law.”
Source: lopezdoriga
