Judicial reform in Mexico: Is it enough without changes in the public prosecutors' offices?

In the midst of growing concern over impunity and the ineffectiveness of the justice system in Mexico, President Andrés Manuel López Obrador has proposed a reform to the Judiciary aimed at improving the management of judges and magistrates. However, an emerging consensus among politicians, human rights advocates, and specialists suggests that this initiative is insufficient if it is not accompanied by a comprehensive review and improvement of local prosecutors' offices and the Attorney General's Office (FGR). Opacity and a lack of results have characterized the FGR since its creation in December 2018, which many consider a crucial obstacle to advancing justice in the country. The reform to the Judiciary has focused on the rulings and effectiveness of judges, but another equally critical aspect has been sidelined: the performance of prosecutors in the initial stage of the criminal process. According to Marisol Mendez, advocacy coordinator at the Justice Foundation, much of the impunity in the country originates from the poor quality of investigations carried out by the prosecutors' offices, which often present cases with scant evidence to judges. This, in turn, leads to acquittals that the public commonly attributes to judges, when in reality the problem may lie in the quality of the initial investigations. A look at the data from the National Census of State and Federal Prosecutorial Services 2023, published by INEGI, reveals the magnitude of the crisis in the prosecutors' offices. In 2022, there were 2 million 915 thousand 899 unresolved preliminary investigations and investigation folders, a 10.9% increase compared to the previous year. Of these overwhelming figures, only 1.7% belonged to the FGR, while 98.3% were the responsibility of state prosecutors. This situation underscores the urgent need to address the functioning of these entities before expecting significant results from the judicial reform. Emblematic cases, such as the purchase of the Agronitrogenados plant and the Odebrecht corruption scandal, highlight the FGR's inability to bring key actors to trial. Despite the arrest of Emilio Lozoya, former head of Pemex, the effectiveness of the reparatory agreement reached and the lack of strong sentences for other implicated officials have been questioned. Additionally, investigations into human rights violations, such as the disappearance of the 43 Ayotzinapa students, have languished, reinforcing the perception that the FGR is failing to fulfill its duty. Germán Castillo Banuet, head of the Specialized Prosecutor's Office for Regional Control, has argued that delays in the administration of justice are attributable to the lack of scheduling of hearings by the Judiciary, sidestepping criticism of the deficiencies in the investigations carried out by the FGR. However, experts like Marisol Mendez warn that this attempt to shift responsibility does not help resolve the crisis facing the justice system. The dialogue about judicial reform has largely excluded the FGR, whose head, Alejandro Gertz Manero, has opted for silence instead of actively participating in discussions. This has led to the perception that the Prosecutor's Office benefits from the lack of attention to its performance amid the debate over the judicial system, raising serious questions about accountability in this key institution. The Justice Foundation has advocated for a comprehensive reform that addresses the barriers faced by vulnerable groups in accessing justice. This includes ensuring that migrants, women, and indigenous communities have the opportunity to assert their rights. Human rights organizations have pointed out that the current proposal does not meet these needs and lacks the depth necessary to bring about real change. Recognized voices within the Morena party have admitted that after the reform to the Judiciary, it will be essential to evaluate the work of prosecutors and police for true access to justice. Elected Senator Ernestina Godoy Ramos has emphasized that changes in the prosecutors' offices are a step that must follow the judicial reform, indicating that this is a process that cannot be ignored. President López Obrador has stated that if the reform to the Judiciary progresses, the need for changes in prosecutors' offices could be considered. However, this phased approach has generated skepticism among those advocating for immediate and robust action to address the failures of the justice system. From the perspective of specialist Jorge Carrasco, it is essential to understand that both the Judiciary and the criminal justice system are interdependent and require specific adjustments. The quality of the work that prosecutors deliver to the courts is crucial for reducing impunity and improving public trust in the justice system. Without a comprehensive change that encompasses all links in this system, the proposed reform could end up being merely a band-aid for a problem that demands a deeper and more committed solution.