The UN Special Rapporteur on the Independence of judges and lawyers, Margaret Satterthwaitewarned that the judicial election in Mexico, scheduled for June 1, 2025, has risks of having economic influence from the racketeering.
In a report, presented to the United Nations General Assemblynoted that “in Mexico, where proposals are being studied for many magistrates to be selected by popular election, there is concern about the risk that economic actors, particularly large companies and organized crime, exercise undue influence”.
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Margaret Satterthwaite, special rapporteur for the independence of judges and lawyers of the United Nations, last August, asked the Mexican Government to reconsider the proposal of judicial reform and guarantee the independence of judges.
In his X account, he indicated that “as the latest judicial reform proposal is put to a vote in the Commission today, I reiterate my deep concerns about its broad implications for judicial independence throughout #Mexico. “I urge the authorities to carefully reconsider the proposal, giving appropriate weight to the human rights guarantee of judicial independence.”
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The United Nations rapporteur warned that the election of judges and magistrates by popular vote represents a risk for the independence of the Judiciary.
According to a letter from Margaret Satterthwait, special rapporteur for the independence of judges and lawyers, sent to President Andrés Manuel López Obrador, it is stated that the proposal to reform the Judiciary is worrying and asks him to clarify several doubts about the proposal.
The president must indicate to the UN whether “the measures taken to ensure that the legislative reforms herein comply with international standards and provide a non-politicized judicial selection procedure, based exclusively on the merits and qualifications of the candidates, with mechanisms supervisory forces.”
MSA
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Time.news Interview: The Future of Judicial Independence in Mexico
Editor (E): Welcome, everyone. Today, we’re diving into a critical issue regarding the future of judicial independence in Mexico. Joining us is Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers. Margaret, thank you for being here.
Margaret Satterthwaite (MS): Thank you for having me. It’s a pleasure to discuss such an important topic.
E: You recently presented a concerning report to the United Nations General Assembly regarding the upcoming judicial elections in Mexico. Can you summarize the main risks you identified?
MS: Certainly. The key issue here is the proposed move towards popular elections for many magistrates in Mexico. While democratic participation is essential, there’s a significant risk that economic actors—especially large corporations and organized crime—could influence these elections. This could undermine judicial independence and lead to a justice system that serves vested interests rather than the public good.
E: That sounds alarming. What specific implications do you foresee if these risks materialize?
MS: If economic interests exert undue influence on the judicial system, we could see biased rulings, a lack of accountability, and a significant erosion of trust in the judiciary. This would not only affect the legal framework in Mexico but could also have broader implications for human rights and governance in the region.
E: You mentioned that these proposals are being actively studied. What has been the reaction from different stakeholders, including the government and civil society?
MS: The reactions have been mixed. On one hand, some government officials support the idea of popular elections as a means of enhancing democratic processes in the judiciary. However, human rights organizations and civil society are raising alarms about the potential consequences. They are advocating for stronger mechanisms to safeguard judicial independence and transparency to prevent undue influence from economic actors.
E: In your report, you emphasized the importance of maintaining judicial independence. What measures would you recommend to ensure that the elections take place fairly and without external pressures?
MS: It’s crucial to establish stringent safeguards ahead of the elections. This includes creating an independent electoral commission specifically for judicial elections, ensuring transparency in campaign funding, and implementing robust regulations to limit the influence of private interests. Additionally, fostering public awareness and education about the importance of an independent judiciary can help to empower citizens to resist manipulation.
E: As we look ahead to the elections in June 2025, what role do you see for international observers and organizations?
MS: International observers can play a vital role in ensuring that the election process is transparent and fair. Their presence can deter potential interference and provide a safeguard against abuses. Furthermore, organizations can assist in the development of best practices and offer support to civil society initiatives that promote judicial independence.
E: Thank you, Margaret, for shedding light on such an important issue. As we approach the elections, it’s crucial that all stakeholders remain vigilant and committed to preserving the integrity of Mexico’s judiciary.
MS: Thank you for the opportunity to discuss this pressing matter. It’s essential that we collectively work towards reinforcing the rule of law and protecting judicial independence.
E: Thank you to our audience for tuning in. We hope this discussion has illuminated the challenges facing the Mexican judiciary and the importance of safeguarding its independence. Until next time!