Condemning Mexican President’s Investigation of Judges

The New York City Bar Association expresses serious concerns about remarks made by Mexican President Andrés Manuel López Obrador during his daily press conferences, most recently on Tuesday, July 19, 2022 in which he announced the investigation of a federal judge for issuing a temporary injunction in a case involving the government.[1] The New York City Bar Association opposes any action or statements by President López Obrador or his supporters that improperly interfere with the independence of the judiciary in Mexico.[2]

INVESTIGATING JUDGES FOR THEIR DECISIONS

The President’s July 19 remarks were delivered in the context of a question about judicial reform and judicial immunity. The reporter asking the question mentioned a few cases and the name of a federal judge, to which the President responded: “We are investigating this judge for the Iberdrola case, we are reviewing how he granted an amparo so that the company does not pay a fine of (almost) 10 billion pesos.”[3] (The judge referred to in the reporter’s question was not the judge in the Iberdrola case,[4] who had granted an injunction in an amparo proceeding, a type of case involving constitutional claims.[5])

In March 2021, the President, during a morning press conference, also asked the Chief Justice to investigate a federal judge for a decision suspending the validity of a legal reform to the energy law, one of President Lopez Obrador’s priorities.[6] In April 2021, the President publicly criticized the same federal judge for another decision, suggesting corruption.[7] On this occasion, the Undersecretary for Public Security referred to the judge as “used by groups of interest,” referring to the political opposition.[8]

After President Lopez Obrador requested that this federal judge be investigated, although ostensibly independent of the executive branch, the Federal Judicial Council[9] opened an investigation. On May 1, the Chief Justice announced that the investigation had found nothing irregular.[10] Nonetheless, the same day, a Mexican journalist publish an article about an investigation that the Mexican financial intelligence unit, which is an agency under the control of the Executive branch, was carrying out in relation to the judge and the judge’s family members.[11]

PRESIDENT’S ACTS BREACH INTERNATIONAL LAW

These acts contravene several fundamental principles and standards of international law.[12]

The United Nations Basic Principles on the independence of the Judiciary[13] state that “it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary” to ensure that courts can decide “matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.” Moreover, the American Convention on Human Rights, specifically Articles 8 and 25, encompasses the right to a fair trial and judicial protection; and the Inter-American System has established the independence of the judiciary as fundamental.[14] The Inter-American Court of Human Rights has developed jurisprudence emphasizing the importance of an independent judiciary to guarantee the right to a fair trial.[15]

Publicly announcing investigations of judges who have ruled against the government violates these international standards because such conduct directly undermines the respect and independence of the judiciary and intimidates the judges involved and deters them from independently carrying out their judicial duties. Regardless of the legality of a judge’s decision or alleged misconduct,[16] if any party in a proceeding before a judge, including the government, disagrees with a ruling, legal processes are in place to reverse or modify the decision. Furthermore, in the event of credible allegations of judicial corruption or misconduct, appropriate and non-political channels should be pursued, while avoiding public and overt threats from other branches of government.

BAR ASSOCIATIONS REACT IN CRITICISM

Mexican bar associations reacted to the President’s accusations. The National Association of Corporate Counsels, The Mexican Bar Association Foundation[17] and the General Council of Mexican Lawyers issued statements[18] calling for the executive branch to respect judicial independence.

NEW YORK CITY BAR ASSOCIATION CALLS ON MEXICAN AUTHORITIES TO RESPECT JUDICIAL INDEPENDENCE

The New York City Bar Association calls on all parties to recognize the importance of the  independence of the judiciary for the rule of law. The New York City Bar Association urges the Mexican government and its elected officials to respect judicial independence in a manner consistent with international law and Mexico’s international commitments.