From November 22nd to the 25th of 2009, the Due Process of Law Foundation (DPLF) led an international mission to the state of Guerrero to gather first hand information on the judiciary system in that state.
- Deficiencies in the system prevent access to an impartial and speedy justice.
- There is no comprehensive strategy to tackle the endemic corruption of the Judiciary.
- A justice system that is impartial, prompt, and accessible will only be achieved with greater transparency and independence of the Judiciary.
From November 22nd to the 25th of 2009, the Due Process of Law Foundation (DPLF) led an international mission to the state of Guerrero to gather first hand information on the judiciary system in that state. The mission was organized in coordination with the International Commission of Jurists and the Mexican research center FUNDAR, Centre for analysis and research, A.C. This mission followed the model of a DPLF mission carried out in 2008 in the State of Oaxaca, Mexico (Report published in October 2009: http://www.dplf.org/uploads/1256055467.pdf).
The international delegation included: Judge José Antonio Martín Pallín, of the Supreme Court of Spain; Susana Villaran, former Commissioner of the Inter-American Commission on Human Rights and member of the Child Rights Committee of the United Nations (Lima, Peru); Jose Zeitune, Legal Adviser for Latin America at the International Commission of Jurists (Geneva, Switzerland); Cécile Lachenal, Researcher and Project Manager of the Access to Justice Project of FUNDAR, Center for Analysis and Research (Mexico City); Mirte Postema, Judicial Transparency and Accountability Program Coordinator and Emilie E. Joly, Equal Access to Justice Program Coordinator, both of DPLF (Washington, DC, USA).
The delegation, which met with organizations and Guerrero state officials, noted "the troubling security and justice crisis that exists in the Guerrero society and its institutions caused, among other things, by the structural weaknesses within those institutions that administer and enforcement justice".
Judicial independence and transparency. The delegation noted the lack of a clear, transparent, and merit based system for the appointment and promotion of officials. The main issues related to the appointment of State Supreme Court (Tribunal Superior de Justicia) Justices are the absence of a comprehensive analysis of the nominees for justices by the legislature, the concentration of power in the State's Executive Branch and the discretion with which it acts towards the judiciary.
Justice. The process of appointment and easy removal of the State's Attorney General is of concern to the delegation, as it does not guarantee the security of tenure for that position, which prevents the development and full implementation of organizational policies and the division of responsibilities for a better prosecution.
The delegation noted that the courts and the Attorney General's office did not apply international conventions and treaties ratified by the Mexican State as mandatory standards in performing their duties. Additionally, problems were found in the legislative harmonization between local laws and the criminal code, which particularly affects women victims of discrimination and violence.
Access to justice. In the State of Guerrero, there is no constitutional recognition of indigenous justice. Moreover, the delegation heard testimony of serious obstacles for victims to access justice in the state. These obstacles were identified at various stages of the process, but particularly during the investigation phase. Testimony from members of indigenous groups, women victims of violence, human rights defenders, and social leaders highlighted the serious limitations that exist in protecting these citizens
Public Defender's office. The delegation noted important flaws in the Public Defender's Office, which is within the scope of executive power, as it lacks the human and financial resources sufficient to guarantee the right to an adequate defense for that part of the population that finds itself vulnerable, poor, discriminated against, and marginalized.
Criminal reform. The delegation found that the plans for criminal procedure reform are limited to long range plans to change from an inquisitorial to an adversarial system, while not responding to the most pressing issues of justice and security. The alarming crime statistics in the State of Guerrero require an immediate response and can not wait for future reforms.
Press Conference Videos:
Susana Villarán
http://www.youtube.com/watch?v=cVrhOA2cASQ
José Antonio Martín Pallín
http://www.youtube.com/watch?v=7IXNzC3AWW4
http://www.youtube.com/watch?v=8DFB6Zdh-p4&feature=related
Abel Barrera
http://www.youtube.com/watch?v=xDkz8CD795M
http://www.youtube.com/watch?v=Pb0803Jp08M&feature=related
Newspaper articles:
Noticias MVS
Vive Guerrero una crisis de seguridad y justicia
http://www.noticiasmvs.com/ver_noticia.cfm?id=12023#
La Jornada
Justicia imparcial y expedita en Guerrero, obstaculizada
http://www.lajornadaguerrero.com.mx/2009/11/26/index.php?section=sociedad&article=006n2soc
Gobierno de Guerrero
El encargado de despacho de la Procuraduría General de Justicia del Estado, Albertico Guinto Sierra y funcionarios de la dependencia, se reunieron con integrantes de la Fundación Para el Debido Proceso Legal de Washington, en Estados Unidos, con la finalidad de conocer la función de la PGJE en relación a la Reforma Constitucional Penal.
http://www.guerrero.gob.mx/?P=leearticulo&ArtOrder=ReadArt&Article=6136
Diario 21
Diputado y fundación para el "Debido Proceso Legal", dialogan sobre justicia
http://www.diario21.com/?module=displaystory&story_id=49517&format=html