Shadows of Control: Navigating the Dangers of Hidden Power

Shadows of Control: Navigating the Dangers of Hidden Power

MEXICO CITY.- The voices of researchers and academics against the risks posed by judicial reform promoted by President Andrés Manuel López Obrador are on the rise and now a UNAM specialist warns about the figure of the faceless judges.

As is known, for several days thousands of workers of the Judicial Branch They blocked the chambers of deputies and senators to protest against the controversial reform, endorsed by Morena and its allies.

This Sunday the initiative will be discussed, and possibly approvedin Senate committees.

What are faceless judges?

The figure of faceless judges is included in the judicial reform proposed by AMLO and consists of protecting the identity of the judges in cases of organized crime.

However, this figure has caused controversy around the world, as international organizations warn of risks to the impartiality of the judges and the human rights of the people subjected to trial.

Judicial reform proposes faceless judges

In this regard, Carlos Pelayo Moller, PhD in Law from the Institute of Legal Research of UNAM, published a Analysis of the figure of faceless judgeswho would have a absolute power, supra-constitutional and without any kind of accountability.

“If the judicial reform is approved we would have a A disastrous scenario: arrest and preventive detentionwhere the guardians of rights would be faceless judges, without any kind of accountability“, he added.

In addition, the functions would be extended to other judicial and non-judicial officials involved in the process, such as prosecutors, which constitutes a Violation of the principle of the natural judge and a violation of the right to due process.

Risks from faceless judges

The incorporation of this figure at the constitutional level can vitiate all procedures criminal, in the broad catalogue of what is considered organized crime in Mexico today, and also of promoting the opacity of the administration of justice.

“If this figure were to be approved we would have a disastrous scenario where There would be military justice“, said Carlos Pelayo.

The Inter-American Court of Human Rights He also analyzed the figure of faceless judges in various known cases against Peru.

“This resulted in the construction of a solid line of jurisprudence in which it is considered that trials before “faceless” or identity-reserved judges violate Article 8.1 of the American Convention.”

“It prevents the accused from knowing the identity of the judges and therefore from assessing their suitability and competenceas well as determining whether there were grounds for recusal, in order to be able to exercise his defense before an independent and impartial court,” the analysis stated.

#Faceless #judges #absolute #power
2024-09-12 21:46:05

Here is ⁤a PAA (People Also⁣ Ask) ⁢related question for⁤ the title “The Risks Posed⁣ by Mexico’s Judicial Reform: Understanding ⁣the Concept of⁢ Faceless ⁢Judges”:

The ​Risks Posed by​ Mexico’s⁤ Judicial ⁤Reform: Understanding the Concept of Faceless Judges

In ‌recent ⁤days, the voices ​of researchers and academics have risen against the risks posed ​by the judicial​ reform promoted by President Andrés Manuel López Obrador. The⁤ reform, which ⁢is set to​ be discussed and ​possibly approved in Senate committees, ​aims to restructure the country’s⁤ judiciary.⁤ However, it has sparked controversy over the figure of “faceless⁤ judges” ​who would have absolute ⁣power and no accountability.

What are ⁣Faceless Judges?

The concept ⁤of faceless judges is included in the judicial reform proposed by AMLO, which consists of protecting the identity of judges in cases of organized crime. However,‌ this figure has caused controversy worldwide, as international organizations⁤ warn of risks to the impartiality of⁢ judges and the human‌ rights‍ of people subjected to trial.

Judicial ‍Reform​ Proposes Faceless ⁢Judges

According to Carlos Pelayo Moller, PhD in Law from the Institute of Legal Research⁢ of⁤ UNAM,​ the faceless judges would have absolute power, supra-constitutional and‍ without ​any kind of accountability. “If the judicial reform‍ is approved,‌ we would have a disastrous ⁤scenario: arrest and preventive detention where the guardians of rights would ‍be ​faceless judges, without⁢ any kind of‌ accountability,” he added.

Risks ‌from Faceless Judges

The incorporation of this figure at the constitutional level can ‌vitiate all criminal procedures,⁣ promoting the‌ opacity of the administration of ​justice. “If​ this figure were to ‍be approved, we would have ⁢a disastrous scenario where ⁣there would ⁢be military justice,” said Carlos ​Pelayo.⁢ The⁣ Inter-American Court of Human Rights has also analyzed the figure of faceless judges in various known⁤ cases against Peru.

Impact on Sovereign Rating

Moreover, the judicial reform could impact ‍Mexico’s sovereign rating, as warned by Moody’s ⁣ [[1]]. The reform, which stipulates​ that judges be elected by popular vote, will erode checks and balances and ‌could undermine Mexico’s economic and‌ financial stability.

Recent ‌Developments

Thousands of workers from the Judicial Branch have blocked the ​chambers of deputies and senators to protest against the controversial reform,⁤ endorsed ⁣by Morena and its⁣ allies [[2]]. The‌ reform also reduces​ the number of Supreme Court ⁤judges⁢ to nine from 11, cuts back the length⁤ of their terms to⁤ 12 years, and​ abolishes a minimum age ⁢requirement.

Constitutional Reform

The 2024 Mexican judicial reform is a constitutional reform in Mexico aimed ⁣at restructuring the country’s judiciary [[3]]. It was​ passed ‍by the‌ LXVI ⁢Legislature and is now ⁤awaiting ‌final approval.

the risks posed by Mexico’s judicial reform cannot be overstated. The concept of faceless judges ​poses a significant threat⁤ to the impartiality of judges and the human rights of people subjected to trial. It is ‍essential to ⁣carefully consider ⁢the implications of this⁤ reform before ‍approving it.

References:

[1]

[2]

<a href="https://en.wikipedia.org/wiki/2024Mexicanjudicial_reform”>[3]

Keywords: Mexico, Judicial Reform, Faceless Judges,⁢ Sovereign⁤ Rating, Constitutional Reform, Human‌ Rights, Impartiality of Judges.

Here are some People Also Ask (PAA) related questions for the title “The Risks Posed by Mexico’s Judicial Reform: Understanding the Concept of Faceless Judges”:

The Risks Posed by Mexico’s Judicial Reform: Understanding the Concept of Faceless Judges

Mexico’s proposed judicial reform, promoted by President Andrés Manuel López Obrador, has sparked controversy among researchers and academics, who warn of the risks posed by the introduction of “faceless judges” [1]. This article aims to provide an in-depth analysis of the concept of faceless judges, the judicial reform that proposes their implementation, and the risks associated with this figure.

What are Faceless Judges?

A faceless judge, also known as a faceless court, is a special court of justice that allows judges to remain anonymous in cases involving organized crime [3]. The idea behind this concept is to protect the identity of judges in cases where their safety might be at risk.

Judicial Reform Proposes Faceless Judges

The judicial reform proposed by AMLO includes the introduction of faceless judges, who would have absolute power, supra-constitutional and without any kind of accountability [1]. This means that judges would be able to make decisions without being held accountable for their actions.

Risks from Faceless Judges

International organizations, such as the UN Human Rights Committee and the Inter-American Court of Human Rights, have expressed concerns about the risks associated with faceless judges [2]. The incorporation of faceless judges at the constitutional level could vitiate all criminal procedures, promoting the opacity of the administration of justice and violating the principle of the natural judge and the right to due process.

In addition, the figure of faceless judges could lead to a disastrous scenario where there would be military justice, as warned by Carlos Pelayo Moller, PhD in Law from the Institute of Legal Research of UNAM [1].

The risks associated with faceless judges are not limited to Mexico. The Inter-American Court of Human Rights has analyzed the figure of faceless judges in various known cases against Peru, highlighting the controversy surrounding this concept.

the proposed judicial reform in Mexico, which includes the introduction of faceless judges, poses significant risks to the impartiality of judges and the human rights of individuals subjected to trial. It is essential to carefully consider the implications of this reform and to ensure that the administration of justice remains transparent and accountable.

Related

1]Vance Center, “The Rule of Law at Stake”: Expert Panel Raises Concerns over Mexico’s Judicial Reforms (Sep 4, 2024) [[1]

[2] Human Rights Watch, Mexico: Proposed Constitutional Changes Threaten Rights (Aug 30, 2024) [[2]](https

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