Monday, November 27, 2006
Proposals for Greater Law and Order in Mexico
By
Dr.
José Enrique Vallarta Rodríguez
Last November 6, a Monday, residents of Mexico City awakened to unusual news — three bombs
had exploded in the predawn hours, causing damage to a bank, the auditorium at the national headquarters of the Institutional
Revolutionary Party (PRI), and the Federal Electoral Tribunal (TRIFE). Fortunately
no human lives were lost.
The incidents however made headline news in the national and international media, and after a few
hours a guerrilla group sent a note claiming responsibility.
No one cheered the synchronized criminal acts that were surprising not only because of the precision
and frightful results, but due to their targets: the PRI, the banking system, and the TRIFE.
This shows a link between these attacks and Mexico’s presidential succession, which in turn demonstrates the
weakness of the institutions that allow criminal organizations to run wild.
An analysis of these bombings also shows that they
did not help to form a social base, especially since citizens have not rallied to join the supposed struggle of the organizations
responsible for the attacks. As well, the note claiming responsibility faded
into oblivion within a week.
Yet these actions can be compared to a similar time
that led up to the political reforms of 1977, when different political and civil groups that were unrepresented in the Mexican
political system conspired to commit antisocial acts of violence.
In today’s
Mexico, violence is clamoring for its space in the national political dispute, and it has been growing due to the lack of
reforms in accordance with reality. As such, the incoming administration will
have to include national security and public safety reforms among its most important priorities.
The
fact is that Mexico has a broad regulatory framework with respect to public security.
This as set forth in Article 21 of the Constitution, and various laws and regulations.
Some of the latter include the Organic Law of the Federal Public Administration, Article 30 bis; the Federal Preventative
Police Law; the National Security Law; the General Law of Coordination of the National Public Security System; and the Federal
Law against Organized Crime.
There
are also various controls and ordinances on these matters in the following regulations: the Interior Regulation of the Secretariat
of Public Safety/Security; the Regulation of the Federal Preventative Police; the Regulation of the Executive Secretariat
of the National Public Security System; and the Regulation of Centers of Social Retraining, among others.
However,
in spite of an existing and broad regulatory framework the laws and regulations have been exceeded by today’s realities
that we as Mexicans live. For this reason an integral state policy must be drafted
regarding public safety and law enforcement, a course of action that respects human rights; that updates Mexico’s legal
framework regarding public security, making it more efficient and functional; and that includes the following proposals.
ˇ
Creation of a new criminal justice model
that is modern, clear, efficient, transparent and respectful of human rights.
ˇ
Formation of crime related policies that
are basic, efficient and communicated between the systems of public security, procurement of justice, and enforcement of criminal
sentences.
ˇ
Eradication of impunity and duplicity
of functions, expenditures and dysfunctional government structures in the public security/safety and criminal justice systems.
ˇ
A strengthening of ethics when carrying
out duties by not only public servants but too privately employed professionals and attorneys who practice criminal law.
ˇ
Development of a just, humanist, transparent,
trustworthy and efficient penal justice system, with rapid paced rules and procedures that included specific measures for
their observance and compliance.
ˇ
Reform of the Criminal Procedures Code
in order to surmount the deficiencies in procedures that impede citizens from receiving quick and speedy justice, and compensation
for their damages, that the criminal system demands.
ˇ
Reform of the Federal Law against Organized
Crime in order to make the fight against organized crime more effective, doing so in such a way as to allow citizens greater
public participation in the filing of accusations and complaints, and providing the possibility of witness protection programs
when needed.
These
reforms, to Mexico’s public security and safety laws and regulations, are key for an effective fight against crime,
delinquency and criminal organizations. As well, this struggle against crime
and insecurity was a major point that we, as Mexicans, voted for last July — and now the new government must face this
challenge and eradicate the blight in our country.
José Enrique Vallarta Rodríguez, a MexiData.info
guest columnist, received his doctorate in Mexican Electoral Law from the National Autonomous University of Mexico. Mexico City-based, he has
worked for the Federal Electoral Institute. He can be reached via e-mail at vej_2006@yahoo.com.mx.
Translation
MexiData.info
