Reform of the Judiciary in Mexico: Debate on True Justice and Impunity

The recent proposal for reforming the Judiciary, presented by President Andrés Manuel López Obrador, has sparked a broad debate about the effectiveness of the justice system in Mexico. Despite attempts to improve the operations of judges and magistrates, a growing consensus among politicians, human rights defenders, and specialists indicates that the reform alone will not be sufficient to eradicate impunity unless comprehensive improvements are made to local prosecutors' offices and the Attorney General's Office (FGR). The most compelling criticism of the justice system lies in its inability to respond adequately to reported crimes. According to Marisol Mendez, coordinator of advocacy at the Foundation for Justice, impunity in the country is largely due to the lack of evidence with which prosecutors present cases before judges. This, in turn, leads to many cases remaining unresolved and judges being unable to uphold charges based on insufficient evidence. The popular narrative tends to blame judges for the impunity; however, Mendez emphasizes that deficiencies begin at the investigation stage. The numbers are striking. According to the National Census of State and Federal Justice Prosecution 2023, in 2022, prosecutors accumulated nearly 3 million pending preliminary inquiries and investigation files, of which 98.3 percent were for state prosecutors. This increase in unresolved investigations shows an alarming trend and highlights a systemic crisis that is not limited to a single institution but encompasses the entire justice system. Particularly, the FGR has faced strong criticism for its handling of emblematic cases such as the investigation into the overpriced purchase of Agronitrogenados and the Odebrecht scandal. Despite initial expectations, the investigations have languished without reaching concrete sentences, leading to questions about the will and ability of the Prosecutor's Office to bring high-ranking officials to trial. Moreover, in matters of human rights violations, the FGR has shown poor performance. Cases such as the disappearance of the 43 Ayotzinapa students and the massacres of migrants in San Fernando remain without justice, exacerbating public distrust in the institutions tasked with protecting their rights. In this context, calls for a comprehensive reform of the justice system are becoming increasingly urgent. In an attempt to justify its lack of progress, the FGR has attributed responsibility to the slow pace of the Judiciary in scheduling hearings. Germán Castillo Banuet, head of the Specialized Prosecutor's Office for Regional Control, has insisted that the backlog in delivering justice should not fall on the Public Ministry. However, this argument has been met with skepticism by those analyzing the situation from a more holistic perspective. Throughout the dialogues organized around the judicial reform, the participation of Attorney General Alejandro Gertz Manero has been almost nonexistent. This absence has left many questioning the FGR's commitment to transparency and accountability. Instead, lower-ranking officials have tried to represent the Prosecutor's Office, but without offering concrete solutions to the challenges posed. The Chamber of Deputies has approved the reform to the Judiciary, but many question whether this change will truly be significant without addressing the structural problems affecting the prosecutors' offices. Elected Senator Ernestina Godoy Ramos has suggested that, following the reform, a review of the functioning of the prosecutors and police will be necessary to ensure true access to justice. For his part, President López Obrador has acknowledged that if the reform to the Judiciary progresses, it would be appropriate to follow up with changes in the prosecutors' offices. However, this statement has been received with caution, as many believe a clearer and more urgent action plan is needed. Distrust in the judicial system not only translates into a lack of reports but also affects the most vulnerable groups in society. Ultimately, the current situation of the justice system in Mexico presents a complicated landscape. The lack of trust in institutions, the increase in impunity, and the ineffectiveness of the prosecutors' offices are problems that directly affect the quality of life of millions of citizens. A reform of the Judiciary, without accompanying structural changes in the prosecutors' offices, could be seen as a mere symbolic exercise, distant from the real justice needs of the population. Thus, the call for a comprehensive reform becomes not only pertinent but necessary for the country to move towards a more equitable and effective justice system.