Post by Gay Titan on Jun 18, 2008 2:00:15 GMT
By JULIE WATSON, Associated Press Writer
Mexico threw open the doors to its judicial system Tuesday, allowing U.S.-style public trials and creating a presumption of innocence.
Under the long-awaited constitutional amendment signed by President Felipe Calderon, guilt or innocence will no longer be decided behind closed doors by a judge relying on written evidence.
Prosecutors and defense lawyers will now argue their cases in court, and judges must explain their decisions to defendants.
"This is perhaps the most important reform to the criminal system that Mexicans have had in a long time," Calderon said after signing the amendment.
The law is expected to go into effect Thursday, a day after it is published in the Federal Registry. But it is unclear how quickly Mexico will start having public trials.
Mexico now faces the long, tedious task of implementing the changes, which must be in place by 2016 according to the law.
That includes training thousands of lawyers and judges across the country on the logistics of holding a trial. Even courthouses must be modified to make room for Mexicans who will be able to attend trials.
It will likely take even longer to change the culture surrounding treatment of the accused in Mexico, where suspects are routinely paraded before cameras — sometimes holding weapons they are accused of using in crimes — even before they have been charged.
"Now we can offer citizens a more transparent judicial system that respects human rights and protects your rights with more speed and efficiency," Calderon said.
All trials will be open unless a judge decides a case must be closed because of national security reasons or to protect a witness or a minor.
Analyst George Grayson said the amendment brings the judicial system into the 21st century.
"This is long overdue," said Grayson, a Mexico expert at the College of William & Mary in Virginia. "It was a medieval system."
Such a reform had been in the works for more than a decade, but the two previous presidents had been unable to get it through Congress. At least 17 of Mexico's 31 states had to approve the constitutional amendment.
Calderon said the reform will also boost his fight against organized crime.
Prosecutors can now hold organized crime suspects without charge for up to 80 days, and properties seized by law enforcement will automatically belong to the state unless the accused proves they were acquired through legal means. Before, criminals could fight in court for their properties to be returned even if they were illicit.
This will allow police to hit with "more weight the operative and financial structures of organized crime," Calderon said.
Tamara Taraciuk of New York-based Human Rights Watch applauded the reform as "a historic opportunity for Mexico to overhaul a very dysfunctional justice system."
But she expressed concern about prosecutors being allowed to hold organized crime suspects for up to 80 days without being charged, saying that's one of the longest pretrial detention times in any democratic country.
"It contradicts various international human rights standards," she said.
Proponents say it's necessary to ensure drug traffickers are not freed while investigators shore up evidence against them.
Instead the law creates a new class of judges who can rule more quickly on warrant requests.
Human rights activists won their fight against a clause that would have given police the right to search homes without a warrant if officers believe a crime is being committed inside. Lawmakers dropped that clause after human rights groups protested.
Law enforcement officials say criminals now can run into their homes when being pursued by officers and police cannot do anything until they secure a warrant. Officers also cannot technically barge into a home if someone is screaming for help.
E. Eduardo Castillo in Mexico City contributed to this report.
Mexico threw open the doors to its judicial system Tuesday, allowing U.S.-style public trials and creating a presumption of innocence.
Under the long-awaited constitutional amendment signed by President Felipe Calderon, guilt or innocence will no longer be decided behind closed doors by a judge relying on written evidence.
Prosecutors and defense lawyers will now argue their cases in court, and judges must explain their decisions to defendants.
"This is perhaps the most important reform to the criminal system that Mexicans have had in a long time," Calderon said after signing the amendment.
The law is expected to go into effect Thursday, a day after it is published in the Federal Registry. But it is unclear how quickly Mexico will start having public trials.
Mexico now faces the long, tedious task of implementing the changes, which must be in place by 2016 according to the law.
That includes training thousands of lawyers and judges across the country on the logistics of holding a trial. Even courthouses must be modified to make room for Mexicans who will be able to attend trials.
It will likely take even longer to change the culture surrounding treatment of the accused in Mexico, where suspects are routinely paraded before cameras — sometimes holding weapons they are accused of using in crimes — even before they have been charged.
"Now we can offer citizens a more transparent judicial system that respects human rights and protects your rights with more speed and efficiency," Calderon said.
All trials will be open unless a judge decides a case must be closed because of national security reasons or to protect a witness or a minor.
Analyst George Grayson said the amendment brings the judicial system into the 21st century.
"This is long overdue," said Grayson, a Mexico expert at the College of William & Mary in Virginia. "It was a medieval system."
Such a reform had been in the works for more than a decade, but the two previous presidents had been unable to get it through Congress. At least 17 of Mexico's 31 states had to approve the constitutional amendment.
Calderon said the reform will also boost his fight against organized crime.
Prosecutors can now hold organized crime suspects without charge for up to 80 days, and properties seized by law enforcement will automatically belong to the state unless the accused proves they were acquired through legal means. Before, criminals could fight in court for their properties to be returned even if they were illicit.
This will allow police to hit with "more weight the operative and financial structures of organized crime," Calderon said.
Tamara Taraciuk of New York-based Human Rights Watch applauded the reform as "a historic opportunity for Mexico to overhaul a very dysfunctional justice system."
But she expressed concern about prosecutors being allowed to hold organized crime suspects for up to 80 days without being charged, saying that's one of the longest pretrial detention times in any democratic country.
"It contradicts various international human rights standards," she said.
Proponents say it's necessary to ensure drug traffickers are not freed while investigators shore up evidence against them.
Instead the law creates a new class of judges who can rule more quickly on warrant requests.
Human rights activists won their fight against a clause that would have given police the right to search homes without a warrant if officers believe a crime is being committed inside. Lawmakers dropped that clause after human rights groups protested.
Law enforcement officials say criminals now can run into their homes when being pursued by officers and police cannot do anything until they secure a warrant. Officers also cannot technically barge into a home if someone is screaming for help.
E. Eduardo Castillo in Mexico City contributed to this report.
