A group that represents Mexican federal judges said in a statement on Tuesday that 14 federal judges, both current and former, petitioned the Inter-American Commission on Human Rights for “reparation for human rights violations” that they claim were brought on by the nation’s recent judicial system overhaul.
Every level of Mexico’s courts saw a historic upheaval in September when the comprehensive judicial reform was ratified into the nation’s constitution. In order to elect all judges, voters must cast ballots in elections next month and again in 2027. Critics claim that by obfuscating the division of powers and leaving the court vulnerable to the influence of external groups like organized crime, the change jeopardizes the judiciary’s political independence.
The UN High Commissioner for Human Rights and the Inter-American Commission on Human Rights have cautioned that the reforms threaten to undermine the judiciary’s capacity to ensure the rule of law and guarantees of fair trial. Legal experts and groups, such as the Mexican Bar Association and Stanford Law School’s Rule of Law Impact Lab, contend that the reforms violate Mexico’s international human rights obligations and create a perilous precedent for politicizing the judiciary.
The reform requires all state and federal judges-including members of the Supreme Court to be replaced via popular elections. Opponents claim this destroys judicial independence by politicizing the judiciary, exposing judges to political and criminal pressure, and dismantling the separation of powers.
A new, popularly elected Disciplinary Tribunal with broad power to penalize or remove judges has been created. Rights activists caution that the body might target judges for politics, adding yet another threat to impartiality and due process. The use of “faceless” judges-the judges decide cases anonymously in crimes against organized groups, threats to transparency, fair trial guarantees, and rights to challenge prejudgment by parties.
The reforms are faulted for infringing on the rights of women, indigenous peoples, and other vulnerable groups by not providing for their representation in the reform process and by undermining hard-fought legal gains, particularly in gender-based violence and reproductive rights cases.
Although the commission, an independent division of the Organization of American States, would not have the authority to revoke the reform, its rulings would have symbolic significance. As her government negotiates trade difficulties with Washington, criticism of the change, which President Claudia Sheinbaum supports, comes at a sensitive moment.
“This petition offers an opportunity for the Inter-American System to address alleged violations of judicial independence in Mexico and broader questions regarding judicial reform processes in the region,” said Jaime Chavez Alor, associate executive director of the Cyrus R. Vance Center for International Justice, which filed the petition in representation of the judges. “Although it appears neutral, the reform constitutes a mechanism for politicizing and capturing the judiciary,” the petition states.