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Friday, October 28, 2016

Proposal to have "faceless" judges in Mexico for protection against organized crime

Translated by Chuck B Almada for Borderland Beat from an Actualidad RT article

Proposal to have “faceless judges” in Mexico in an attempt to protect them from el Narco

The National Commission for Human Rights has requested the analysis that was used in Italy, Colombia, and Peru to protect judges.

With the objective of protecting Judges in Mexico, the spokesperson for the National Commission for
Human Rights has recommended studying the possibility of implementing the “faceless judge” program.

The suggesting came three days after the murder of Judge Vicente Antonio Bermudez that was killed in the middle of the street in the municipality of Metepec. Judge Vicente Bermudez is the judge responsible for hearing high profile cases such as those of El Chapo, and several key figures from Los Zetas, this according to Excelsior.

The president of the National Commission for Human Rights, Luis Raul Gonzalez Perez justified the proposal by stating, “It’s a mechanism that has to be evaluated. Indeed, judges have to be provided with all types of security so that they can carryout their duties with impartiality.”


Next week, the Revolutionary Democratic Party (PRD) will present an initiative to institute this program in Mexico. According to the PRD parliament coordinator, Miguel Barbosa, “the murder of the judge in Mexico State who presided over several cases related to organized crime, is an example of how exposed the judicial authorities are in Mexico.”

The faceless judges originated in Peru during the 90’s as a result of the state’s war against the Shining Path guerilla group. After Peru, this program was also implemented in Colombia with the purpose of guaranteeing the security of judges that were involved in cases related to the FARC or narcos. This program was also used in Italy after the murder of Judges Giovanni Falcone and Pablo Borcellino in 1992.

State of Emergency

However, members of the very same Mexican Judicial Power told Milenio that the challenge would be to accept that the country is currently living under a State of Emergency such as when the previously mentioned countries were at the time when they implemented this program. Additionally, they also clarified that this is not a new proposal and that it was brought up during the Calderon presidency (2006-2012). Members of the Judicial Power recommended analyzing the proposal “with much caution.”

According to Excelsior, at its moment in Mexico, it was considered that it was enough to rotate the judges and provide them with security. And that it would be beneficial not to know the identity of the judges once they preside over a case.

Criticism in Peru

Even in Peru, the implementation of the “faceless judges” was criticized. In 1996, the United Nations Rapporteur recommended that the Government eliminate the system. A columnist of Peru21 newspaper recalled that the measure caused the release of 500 innocent people that have been convicted by faceless judges. “The truth is that they became machines of approval of the investigations by the police and district attorneys,” this according to columnist Carlos Tapia.  
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 Note From Chuck: Do you think that implementing a "faceless judge" program in Mexico, where judges become anonymous, is a good idea? Or do you think that this is a dangerous idea that will eventually be abused as it was the case in Peru when 500 people were proven to be innocent? Please comment below and tell us your thoughts.

20 comments:

  1. It's good and bad!

    ReplyDelete
    Replies
    1. --The Ku-Klux-Klan used that method, it did not work.
      --The Santa Inquisicion tried it, it worked, many falsely accused lost their life and patrimony to their masked interrogators and judges and executioneers...
      --mexico is full of police officers and soldiers that get masked and also work as narcs and sicarios, masked too.
      --mexican pooliticians will need to be masked because of the same problems judges are having,
      --justice needs to be local, and contained locally supervised by the state at the minucipal and federal levels, it can't be centralized and politicized depending on the sexual persuasions of the government in power that has never worked.
      --The state needs to convict and execute its enemies with imlunity, and does not want to risk getting caught like in ayotzinapa, atenco, el charco, Acteal, Aguas blancas, el mozote, la macarena, la Venda sexy, la ESMAR, EL INFIERNILLO, were some of the victims were masked during torture to spare their victimizers, but they still were murdered and disappeared.
      --The federal governments have usurped the job of justice, they can't do it properly, have resorted to state sponsored terrorism after they also created drug trafficking and traffickers after they were done with the excuse of communism and their islamofascism that begat islamophibia is not workin either...
      Pero ahi andan de calientes
      --FUERA MASCARAS!!!
      The US government could drop the mask of pretense about being the godly saviour of the world too.
      --listening to henry kissinger and milton friedman's BS for more than 70 years has not worked either.
      Pero ahi andan de calientes

      Delete
  2. If the Mexican government refuses to protect the public then why should anyone protect public officials. Just like the narcos, judges chose that life. So with your choice comes all the things that come with it. Do you really think a person in Mexico wants to be a judge or a politician because they want to better society? No they do it for the bribes and kickbacks. Screw it I say sink or swim. If you get caught slipping then you get caught slipping. It's gods will.

    ReplyDelete
  3. I think that the implementation of "faceless judges" in Mexico is both a good idea and bad. If they feel safe from retaliation they could start convicting criminals to the fullest extent of the law. Personally i think the results would be determined by:
    1.the severity of corruption in Mexico and how high up the chain of command does corruption reach in govt institutions
    2.the willingness of Mexican citizens to keep an active role in politics. And the ability of Mexican citizens to help keep those with power "in check"

    Many People chose to blame Mexican security forces/politicos for their misfortune. while they do play a big part in it, I believe the fault ultimately lies in the citizen lack of interest to what is going on around them. sure it's their job to protect you and your interests, but it's also your job(the most important job, might i add) to make sure that they dont start to think that they can do whatever they want.

    ReplyDelete
    Replies
    1. 11:26 blaming the people's apathy is a tired old song, you may want to see the attacks on chihuahua's palacio de gobierno because of hate and rage against cesar duarte, and the way the people was fended off, they did not get killed as in Puebla de rafael moreno valle of the famous ley Bala and new presidential contender.
      --Semei Verdia was also defended by "apathetic mexican children" that got murdered by soldiers armed witH US bullets and weapons.

      Delete
  4. I think it`s a fundamental bad idea of a legal system. Of course the government is responsible to back up the legal system and it`s citizen and therefore no need to mask up. But as we can see the government can`t/won`t secure the legal system or their citizens so... It woul`d really be a fars if the judges can wear maskes in court! But is there anything else to be expected? ;) And I doubt it really has some "protection" when it comes down to dollars anyway, someone will rat for money.

    ReplyDelete
  5. Bro, it's Mex.. Narcos can STILL find out who the judge on their case was within minutes.. mayyyyybe if it's a proposal that only the president knows the judges then maybe it may succeed but even the president have breakfast with thee most powerful traffickers of Mex.

    ReplyDelete
    Replies
    1. The "presidente" has too many dirty secret deals already, and no responsibility for any of them, he also has his own death squads, full of terroristas and murderers and torture slecialists, if the kitchen is too hot, the motherfackers should get out of the kitchen...
      "El presidente" shit.

      Delete
  6. In a country as corrupt as Mexico it won't make a difference, plus how many innocent people does one think are serving time for crimes they didn't ccommit. In Mexico before drug trafficking became a thing the corrupt politicians were the ones who committed the crimes and the rich. Today it's everyone but the rich and powerfull still get away with it while the poor that became wealthy and everyone else still get put in jail or killed and the best one yet sent to the good ol US of A.

    ReplyDelete
  7. Thanks Chuck. I think rotation would be a better idea. I haven't read about these other countries using faceless judges but I would think that would still allow the mechanism of corruption somehow

    ReplyDelete
  8. Perhaps this would keep the judges from being threatened or their families kidnapped.They MUST be vetted first, to make sure they are not already corrupt.

    ReplyDelete
  9. If the faceless judges system was used to only pursue cases of corruption it would make sense, because corruption is the root of the problem in Mexico.
    Using faceless judges for anything else is onöy addressing the symptoms of a sick system and not the root cause.

    ReplyDelete
  10. Jajaja mexico always has innocent people in prison

    ReplyDelete
    Replies
    1. In Mexico one is guilty until lucky enough to be given the privilege to prove themselves Innocent...
      "In Mexico, 92% of the charges lack evidence."
      "In Mexico, 93% of defendants never see a judge."
      "In Mexico, being innocent is not enough to be free."

      http://www.borderlandbeat.com/2013/07/video-presumed-guilty-justice-in-mexico.html

      Delete
    2. The state is inflable, I mean infallible, they can plant a few grams of kitty litter and weapons and make you guilty, as in the strange case of Dr Mireles whose lawyer expected like a marriage proposal or sompim' and got him in deeper shit, according to the government, they have no charges, except for the priscilla lawyer fack-ups.
      --The only masked juries I accept are the masked niños y niñas zapatistas del EZLN. they really can put cabrones in their place.

      Delete
  11. México has to be one of the most corrupt countries in the world. If the government wasn't so corrupt our people would not have the need to come to the United States to find a better life. Mexico has the 15th largest economy in the world. Where is that money? It's in offshore accounts belonging to corrupt politicians.

    I had a friend that used to work for me and he said to me one day, " My mother was just appointed treasurer a of a small City in Mexico, " the city had population of about 50,000 people. She came to visit him about 3 months later in Atlanta and she went to Lenox mall and bought thousands of dollars worth of clothing including a $900 handbag. About 6 months after that he says to me, " I'm sorry to inform you but I'm going back to Mexico, and I asked him why, and he responded that his mom had so much money now that she was treasurer and she bought him a nota ( job ) with Pemex making way more money than what he made working for me. "

    ReplyDelete
  12. My suggestion is No!

    We already have it bad enough not knowing if cops are actually police officers, soldiers or marines being them or not.

    If they do this, we will have faceless judges nect then, we will never know why judge using mask as a Santo handed over a light sentence or why judge using mask as a Copetón does enforce the law

    ReplyDelete
  13. NO to masked judges. Mexico is in the "Columbia Phase " at the height of the violence, corruption, murders, kidnapping, impunity , etcetc.....we need a whole different approach, no matter what.
    Mexico has a violent history but this is an avalanche.

    ReplyDelete

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