Mexico is weighing the use of masked judges to preside over organized crime trials, a measure aimed at shielding members of the judiciary from potential retribution by drug cartels. This proposal, added this week to a contentious package of judicial reforms, comes in response to a surge in murders of police chiefs, prosecutors, and judges as cartel power has expanded since 2018.
🇲🇽 Mexico's courts could use masked judges for cartel trialshttps://t.co/Qvt3nlSmVH
— The Telegraph (@Telegraph) August 28, 2024
According to The Telegraph, the amendment to the planned overhaul of the court system calls for "judges without faces," leaving the implementation details to senior judges. This consideration follows several high-profile attacks on judicial figures, including the murder of Judge Roberto Elías Martínez in the central state of Zacatecas in December 2022. Prosecutors allege that Martínez's assassination was ordered from within a prison where two defendants in cases he was overseeing were being held. In Zacatecas, 103 judges have reportedly received threats.
The proposal draws parallels to measures employed in Peru during the 1990s to try alleged members of the Shining Path terrorist group. However, the Peruvian system, which involved masked judges or those seated behind screens, proved highly controversial and led to numerous miscarriages of justice.
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The United Nations has cautioned that the use of anonymous judges could potentially violate suspects' rights to due process. Despite these concerns, the judicial reform package, which also includes provisions for the election of judges, appears to have sufficient support in the Mexican Congress to pass.
Critics have labeled the reforms as populist and authoritarian, arguing they could undermine judicial independence and allow political control over the courts. The proposed changes have sparked economic concerns, with the Mexican peso's value declining as investors worry about the rule of law in the country.
US Ambassador Ken Salazar has taken the unusual step of publicly criticizing the reforms, describing them as a "threat to democracy." This statement prompted a sharp response from outgoing President Andrés Manuel López Obrador, who announced on Tuesday that he was putting relations with the United States and Canada "on pause" after both countries questioned the legal reforms.