The recent initiative to modify the judicial system in Mexico, which proposes that judges be elected by popular vote, has sparked debates in various areas and reveals the disconnect between those implementing the reforms and the true needs of the victims.
The last decade has been one of the most violent in the country. According to Inegi data, more than 70,000 local and federal crimes are committed every 24 hours, but the probability of them ending up before a judge is 0.8 percent.
Many victims do not even report the crime because they do not trust that they will obtain justice. When they go to the police, prosecutors, or authorities for the first contact, their pain, far from diminishing, increases with indifference, mistreatment, and impunity. Victims’ experiences with the judicial system are discouraging.
In this context, no one denies that the justice system needs improvement. However, if the goal of judicial reform is to improve, it is necessary to listen to the millions of victims of forced disappearances, extrajudicial executions, and gender violence in the country and identify their needs. Victims need justice that truly addresses the issues affecting them. This is not only a humanitarian issue but also a state responsibility.
Reforming a system as complex as the judiciary requires considering those who suffer the most from its deficiencies. It is essential to include the voices of the victims in the design of judicial reform to create an effective system; ignoring them could worsen their situation and hinder their access to human rights of justice and reparation.
The Constitution indicates that it is the state’s responsibility to provide courts that offer justice quickly, completely, and impartially. Therefore, the state must strengthen the judicial system in line with these principles and promote the rule of law according to international human rights regulations, thus avoiding traumatic situations.
Instead of subjecting the judicial system to the influences of power that have harmed other actors, the state should ensure that the justice system is the most efficient, guaranteeing that those involved have adequate technical, professional, and ethical training. Victims do not need more politicians; they need justice. It is imperative that the state acts with commitment and responsibility, implementing a strategy that addresses the specific causes of the victims, removing existing obstacles to effective access to justice on equal terms.
A strong judicial system that meets the needs of victims and eliminates everyday impunity will contribute to creating a more peaceful and inclusive society. Victims and society will be better off, and at least the state will advance in fulfilling its constitutional and international human rights obligations. Only then can trust in institutions be restored.
Source: Forbes
