Mexico Could Implement 'Faceless Judges' for Organized Crime Cases
The judicial reform promoted by Andrés Manuel López Obrador and his party, Morena is generating controversy, protests and strikes by judicial workers. The most talked about issue has been the proposal that all judges be elected by direct vote at the polls.
López Obrador’s judicial reform is ready to be approved by the full House of Representatives, where the new legislature will take office next Sunday. Morena and its allies from the PVEM and the PT have the qualified majority to approve changes to the Constitution without having to negotiate with the opposition, reduced to political irrelevance. Former President Calderón is days away from seeing one of his wishes fulfilled in a legislature dominated by the block aligned with López Obrador.
In the period from 2001 till 2020, a total of 5 federal judges were killed, two of those five occurred since 2016. In recent years, two judges have been reported killed, one by gunmen and the other by their partner in an act of domestic violence.
Faceless Judges in Other Countries
“This type of court was created in Italy, where it was implemented for trials against local Mafias,” read Deputy Lidia García Anaya, of Morena, when proposing the modification to the initiative. “These are bodies where the judges are anonymous, with the objective of safeguarding their integrity and also that of their families,” she added. The mechanism of anonymous judges exists in Brazil, Colombia and Peru and has been used mainly to combat guerrillas, drug trafficking organizations stemming from the violent era of Pablo Escobar and terrorists including Shining Path members in Peru.
In 1992, prosecutor Giovanni Falcone was blown up by a bomb planted beneath a motorway near Palermo by the Sicilian Mafia, Cosa Nostra. It killed him, his wife and three police officers. His colleague Paolo Borsellino was assassinated by a car bomb two months later.
Colombia’s chief prosecutor, Alfonso Gomez, says the system served its purpose. Not a single faceless judge had been murdered since 1991, he said. Between 1979 and 1991, 278 judges and magistrates were killed. Congress let the decree lapse following the arrests of Cali Cartel bosses and the faceless system began to phase out in 1999.
With over twenty judges threatened with death and living under police protection, the Rio de Janeiro State Court in 2019 approved the creation of a special circuit court to prosecute cases involving corruption, drug trafficking, money laundering, organized crime, and paramilitary groups. The circuit court would have a group of “faceless judges” prosecuting the cases on a 60 day rotation, instead of a single magistrate overlooking a specific case.
The Inter-American Court of Human Rights has also issued a ruling against the measure of anonymous judges. The body points out that the remedy prevents defendants from knowing the identity of the judges and therefore from assessing their suitability and competence, as well as determining whether there are grounds for requesting their recusal, which violates Article 8.1 of the Inter-American Convention on Human Rights. “Judging by judges of unknown identity does not allow the defendant to question their competence, legality, independence and impartiality,” it said.
Source: https://www.borderlandbeat.com/2024/08/mexico-could-implement-faceless-judges.html
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