Rough border town leads reform of Mexico's legal system

In Ciudad Juárez courts, the presumption is now innocence. It's a radical change that could lead to an overhaul of Mexico's criminal-justice system.

from the April 3, 2008 edition

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Oral trials will consist of a panel of three judges. But first cases are sent to mediation or pretrial hearings. In Chihuahua City last year, the far majority were solved at this stage before reaching the oral proceeding. Juries are not part of the process.

On a recent day, a man faced robbery charges for stealing money, alcohol, and cigarettes from a convenience store. Four days after the theft, the prosecution and defense resolved the case with plea bargain. Siqueiros says the same case would have taken four months in the old system – and the man charged would have sat in jail the entire time.

From Jan. 1 to mid-March, of 208 cases, 139 cases have been resolved. With four times the number of cases that Chihuahua City saw in the same period last year, Ciudad Juárez is fertile ground for testing national legal reform.

"They say that if it can work in Ciudad Juárez, it can work anywhere in the country," says Jorge Gonzalez Nicolas, a lawyer and coordinator for the criminal defense attorneys in the new system here.

The national reform, which will be reflected in the Constitution and still requires that a majority of state legislatures pass it, will also be based on oral trials and the presumption of innocence. And the real test for whether a new criminal system quells violence would come with a federal overhaul, says Ms. Gonzalez, since most crimes related to drug trafficking and organized crime head directly to the federal system, even though state courts also deal with the lawlessness it generates.

"At the end of day, sending the troops, while it has been effective and necessary, is the equivalent of applying a Band-Aid," says Armand Peschard-Sverdrup, an expert on Mexico and head of the Washington-based consulting firm Peschard-Sverdrup & Associates. "Ultimately the judicial reform gets to the root of many dysfunctionalities that have [allowed] loopholes for criminal activity to prevail."

The system in the state of Chihuahua has not come without its controversies. Among the most radical changes is the presumption of innocence.

In Chihuahua City, many residents say the new system, which jails fewer suspects before their trial, makes many feel insecure.

"If a guy stabs someone with a knife, or robs a store, why should he be let out? He's just going to do it again," says Octavio Pinon, a taxi driver in the city.

It's a concern that abounds in Ciudad Juárez, too, says Mr. Gonzalez Nicolas. Of the first 100 people detained since the new system went into place, he says, 14 were sent to preventive jail, compared with an average of 92 for every 100 people under the old system.

But many expect that residents will accept the new system. "Cases will be solved much faster, and society will perceive this, that criminals can't get away with crimes," says Maria Catalina Ruiz Pacheco, one of Ciudad Juárez's new oral judges. "It will restore people's faith in the justice system."

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