On Tuesday, November 12, the Inter-American Commission on Human Rights (IACHR) expressed its concern over the judicial reform carried out in Mexico. During a hearing in Washington, the organization's rapporteur for Mexico, Andrea Pochak, warned that the democratization of justice cannot go against the principle of judicial independence. The hearing was held following a complaint presented by judges and workers against the judicial reform enacted by former President Andrés Manuel López Obrador in September and supported by the current president, Claudia Sheinbaum.
The judicial reform proposed by the Mexican government seeks to give citizens the possibility to elect judges. However, judicial workers denounce an interference from the Executive in the judiciary by promoting allied candidates for the scheduled judicial elections in 2025. The IACHR pointed out the importance of respecting basic principles such as the meritocracy of judges and avoiding interference from other powers in the judicial system.
Andrea Pochak indicated that similar reforms in other countries have shown risks of delegitimizing the judicial system due to the election of judges. The IACHR will continue to monitor the implementation of the reform and committed to maintaining a dialogue with the Mexican State, highlighting the importance of respect for human rights in Mexico.
If the IACHR rules against the judicial reform, the Mexican government must comply with its decision, as the resolutions of the Commission are binding for member countries. Javier Laynez, a minister, explained that Mexico is a sovereign country that must comply with international decisions. The review at the IACHR is a prerequisite before the case can be addressed in the Inter-American Court of Human Rights, whose rulings are also binding for Mexico.
It is essential to respect the independence of the Judiciary and ensure impartiality in the election of judges to strengthen the judicial system and avoid potential challenges to its legitimacy in the future.
