By Jorge Luis Camacho Ortega, National Director of Coparmex
Mexico is in the prelude to a deep – and dangerous transformation of its judicial system. The reform proposed by the election of judges and magistrates through an electoral process so that the “people” choose them with their vote has been presented and sold by the ruling as a democratic advance. However, in reality it represents a Direct risk to the independence of the Judiciary, to justice itself and the rule of law.
In Coparmex we said it from the first moment: We oppose the reform of the Judiciary. It is essential to have an autonomous, professional and impartial judiciary. This reform, far from strengthening democracy, Open a dangerous door to politicization, improvisation and, most worrying, to the infiltration of organized crime.
A judge must be elected for his career, knowledge and commitment to legality, not for his ability to campaign. Today, justice runs the risk of being treated in the same way as in other electoral processes, in which power groups, friendism, nepotism and payment of favors determine candidates, and political marketing and the mobilization of structures define the winners. We already know what can happen when justice is bought or earned by sympathy and not by merit: it becomes a tool at the service of power, not the law.
The proposal so that the best are chosen is unfeasible: on June 1, thousands of applicants will compete for 881 judicial charges. Many of them have no experience in the Judiciary or solid legal formation. The ballot will be extensive and the information of the candidates, scarce. How can we distinguish between profiles? How to choose the one who will do a good job and who will learn by making legal decisions about our lives and heritage? How to prevent political parties or criminal interests from “sponsoring” candidacies with money and influence?
A few days ago I agreed with a magistrate who aspires to have a place in court. During his more than 25 years of experience in the Judiciary he was preparing, forging a meritorious judicial career and conducting studies in Mexico and abroad of masters and doctorates. Today, in the election, people who have never litigated or worked in the Judiciary will never face them, and who are probably elected not because of their merits, but by those who are sponsoring them. I noticed his frustration and his concern that the Court is in the hands of incompetent people.
We have pointed out the risks and, in the same way, organizations such as Mexicans against corruption, the IACHR, Human Rights Watch, the US Senate And even the American ambassador Ken Salazar, who warned that this reform can facilitate the interference of organized crime in the judicial system. And it is logical: without technical filters and without effective surveillance, Justice becomes a more electoral booty.
From Coparmex we have taken a firm posture. We will not promote the vote in this electoral process. We cannot legitimize a vitiated design from its origin. But we will be present. Let’s observe. Through a group of volunteers we will follow up on the electoral day to document irregularities, monitor the use of public resources and, above all, ensure that, as far as possible, The process is carried out with transparency and legality.
This reform weakens the Judiciary and its autonomy, It exposes it to political interests and puts the rule of law and citizen trust at risk.
Justice is not improvised. It is formed, it is built, defends.
And from Coparmex, we will continue to do it.
The opinions expressed are only the responsibility of their authors and are completely independent of the position and the editorial line of Forbes Mexico.
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