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DE RUEHME #1889/01 1722222
ZNR UUUUU ZZH
R 202222Z JUN 08
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 2297
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEAHLA/DEPT OF HOMELAND SECURITY
RHMFIUU/CDR USNORTHCOM
RHMFIUU/CDR USSOUTHCOM MIAMI FL
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 03 MEXICO 001889 
 
SIPDIS 
 
AID 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM SNAR KCRM MX
SUBJECT: MEXICAN PRESIDENT CALDERON SIGNS CRIMINAL JUSTICE 
AND PUBLIC SAFETY CONSTITUTIONAL REFORMS 
 
¶1.  SUMMARY: On Tuesday June 17, 2008 at 8:30am, President 
Felipe de Jesus Calderon Hinojosa signed the decree 
promulgating constitutional reforms for criminal justice and 
public safety. The amendments must now be published in the 
official gazette, and will become effective 30 days after 
publication. 
 
¶2.  BACKGROUND. On February 26, 2008, the Chamber of Deputies 
approved the Senate version of the constitutional justice 
reforms (463 votes in favor, 6 against and 1 abstention). 
Mexico requires Constitutional reforms be ratified by at 
least 17 state legislatures (50% plus 1). To date, 23 states 
have ratified the reforms and no state has rejected them. 
The remaining states have not voted on the reforms because 
their legislatures are not in session. President Calderon 
announced that since 23 states exceeds the majority required 
for ratification, that he would sign said reforms into law. 
 
 
KEY ASPECTS OF CONSTITUTIONAL REFORMS 
 
 
¶3. Ten Articles of the Mexican Constitution (Articles 16, 17, 
18, 19, 20, 21, 22, 73, 115 and 123) were amended. The rights 
of due process are inherent, in that no person may be 
sentenced before a final judgment has been entered at a fair 
trial; and that all pre-trial hearings must be heard by a 
judge pursuant to the principles of orality (defined as 
transparency, speedy trial, continuity, and confrontation of 
witnesses). 
 
 
¶4.  The reforms will facilitate the use of better 
investigative techniques, with greater emphasis on the 
collection, analysis, and presentation of scientific 
evidence.  There will be less reliance on confessions as a 
basis for conviction, which should lessen the motivation to 
obtain confessions by any, including, illicit, means. 
Confessions obtained through illicit means, i.e. torture, 
will not be admissible.  Prosecutors will direct 
investigations, but police will have investigative powers as 
well. Prosecutors will have the power to designate which 
federal and/or state police force(s) will conduct 
investigations under their oversight and guidance. 
 
 
¶5.  All police forces must adhere to strict certification 
procedures which will be established in the secondary laws 
governing them. 
 
¶6.  The constitutional justice reforms introduce alternative 
means of resolving lesser criminal cases.  Under the existing 
system, all cases proceed to trial regardless of community 
impact, and the courts are notoriously congested. The 
introduction of alternative means of disposing of cases will 
permit prosecutors to focus their attention on major crimes, 
such as those perpetrated by organized crime related to 
narcotics and trafficking in persons. 
 
¶7.  The reforms also expand the use of alternatives to 
pre-trial detention.  As in the U.S. system, Mexican judges 
will determine whether or not a defendant may be released on 
bail based on factors including the seriousness of the crime, 
flight risk, propensity to perform another delinquent act, 
and so forth. 
 
 
¶8.  Under the constitutional justice reforms the public 
defense will be strengthened. The reforms dictate that the 
public defense will earn the same salary as the prosecutors. 
(At the state level this is more meaningful since most state 
public defenders do not earn the same salaries as state 
prosecutors. However, at the federal level, the public 
defense earns more than most prosecutors.) 
 
 
¶9.  Post-sentencing guidelines.  Judges will preside over the 
felons in all post-conviction issues -  including ensuring 
that sentences are complied with, and that no felon will 
over-serve his/her sentence. Also, it foresees the active 
participation of victims in criminal cases. 
 
 
¶10.  Finally, the Constitutional reforms provide for 
 
MEXICO 00001889  002 OF 003 
 
 
"civil-like" forfeiture of illicit assets.  Under the 
previous law, assets can be seized only following the 
criminal conviction of the owner or in cases of abandonment. 
Under the reforms, a new asset forfeiture law can be passed 
to allow for ownership of illicit assets to be extinguished 
and transferred to the government in more expeditious and 
less onerous proceedings than a criminal trial. 
 
 
Human Rights Concerns 
 
 
¶11.  Human Rights Organizations criticized the reforms for 
permitting the detention of defendants accused of having 
committed an organized crime, of up to 80 days - that is, 
they can be detained for 80 days while prosecutors complete 
these complex investigations.  However, such temporary 
detention prior to being formally charged must be approved in 
advance by a judge.  This 80 day provision is actually less 
than the 90 days allowed by the old system. 
 
 
The Old System 
 
 
¶12. Although legal experts agree that the Constitutional 
Assembly of 1917 intended to establish an oral, adversarial 
criminal justice system, this did not occur. The previous 
justice system defied reform efforts and remained 
inquisitorial and secretive system, characterized by an 
inherently ambiguous design.  The system relied far more 
heavily on confessions than on any other form of evidence; 
police and the local, state, and federal levels did not have 
the capacity to collect and analyze forensic evidence.  The 
flaws contributed to enormous public distrust of the entire 
justice sector. 
 
 
¶13.  The Constitutional reforms as signed by President 
Calderon are without a doubt the most important reform in the 
field of justice and public safety since 1917. 
 
 
The Reform Timetable 
 
 
¶14.  Although Mexico has up to eight years to transform its 
criminal justice system into an oral adversarial criminal 
justice system, there are several aspects of the reforms that 
will become effective in 30 days. 
 
 
¶15.  All police are now eligible to investigate crimes. 
Unfortunately, the lack of preparation, regulations to guide 
the police and coordination between police departments, will 
make it difficult for prosecutors to build a solid case. The 
U.S. Embassy plans to support Mexican reformers as they 
provide technical assistance and training to police units, 
not just criminal investigators. 
 
 
¶16.  Although all articles regarding organized crime are 
effective immediately, secondary legislation will be 
necessary prior to implementation.  The GOM has requested 
technical assistance from the USG on issues such as recording 
telephone conversations and asset forfeiture. 
 
 
¶17.  Organized crime suspects may be detained in Federal safe 
houses for up to 80 days.  Mexican states have been given 
authority to determine the serious state crimes (such as TIP, 
homicide, rape) wherein state authorities can place 
defendants under home arrest for up to 40 days when they are 
suspects of these said serious offenses. 
 
 
¶18.  Prosecutors can request wiretap warrants for any method 
of communication (telephone, internet, etc.). Prosecutors 
will have more efficient and an expedited means of obtaining 
these warrants.  The reforms also allow admissibility of 
consensual one-party recordings without need for a warrant. 
Federal judges need to be trained so that the warrants can be 
rapidly obtained while placing the burden and responsibility 
on the prosecutors in order to minimize abuse of these 
 
MEXICO 00001889  003 OF 003 
 
 
practices. 
 
Mexican States, experience in Judicial Reforms 
 
¶19.  The 8 states that have begun implementation of oral, 
adversarial codes of criminal procedure (Baja California, 
Chihuahua, State of Mexico, Oaxaca, Puebla, Morelos, Nuevo 
Leon and Zacatecas) will need to make certain modifications 
(some less than others) to their codes, prior to officially 
becoming the first states to abide by the new Federal 
Constitution. Chihuahua is in the best of circumstances since 
it will need only to modify and create a civil service for 
its public defense and to reduce its standard of proof to 
probable cause in order to detain and/or indict an 
individual. 
 
¶20. CONCLUSION.  Reforms will impact the federal government, 
the Federal District and all 31 states.  All entities will 
have to reform their code of criminal procedures within the 
next eight years. USAID has provided technical assistance to 
five states (Chihuahua, Oaxaca, Morelos, Baja California and 
Zacatecas) that allowed them to experiment with judicial 
reforms.  Their experience helped inform the national 
Congress and the Administration as they drafted and passed 
the national judicial reforms.  The states and their 
experience will now serve as a model for the rest of the 
country.  The reforms are an immense task that will require 
massive investments in technical assistance, training and 
construction as people, buildings and institutions meet the 
requirements of the judicial reforms.  It will be eight years 
of intensive work which will require enormous amounts of 
human and financial resources. 
 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
GARZA