Judges of Michoacán Affirm Their Commitment to Public Security

06/27/17 (written by Lucy Clement La Rosa)- On Monday, June 12th, Marco Antonio Flores Negrete, head of the Supreme Court of Justice in the state of Michoacán, delivered a public statement before Michoacán’s Supreme Court of Justice and various judicial officials promoting the objectives of Michoacán judicial authorities. The statement directly addressed accusatory comments of judicial negligence made by Michoacán governor, Silvano Aureoles Conejo, before the Ministry of Public Security’s (Secretarios de Seguridad Publica, SSP) National Conference on Wednesday, June 7th in Morelia, Michoacán.

At the conference, Aureoles asked judicial authorities to recognize their role in public security, strongly implying a lack of juridical vigor in the state of Michoacán. The Michoacán governor emphasized the ardent efforts of the state’s executive officials on behalf of public security. However, he argued that these efforts were in vain without the joint support of the judicial administration. Aureoles argued that executive and judicial officials were not acting with “the same velocity” against violence and organized crime in Michoacán. He pointed to judicial authorities citing insufficient evidence resulting in the release of an alleged Michoacán organized crime leader on June 7th. “This significantly discourages and disheartens the efforts made [by the SSP],” declared Aureoles (El Sol de Morelia).

In response, Supreme Court Justice Marco Flores publicly defended the judiciary and insisted that the actions of Michoacán judges and magistrates were in accordance with both federal and state legislation. He stated that Aureole’s accusations were “unfounded and unsupported” (Mi Morelia). Flores emphasized the role of the judiciary within the parameters of Mexico’s democracy, highlighting the importance of justice unhampered by political agendas. “At all times, we have respected the division of powers in the State, which is the basis of democracy that protects us from unilateral and authoritarian intentions (Mi Morelia).”

The Michoacán judiciary is fully in support of public security efforts against violence and crime, asserted Flores. However, he reminded his audience that all magistrates and judges must act within the parameters of Mexico’s constitutional rule of law. Indirectly touching upon the release of the alleged criminal mentioned by Aureoles, Flores added, “Hence, if you fail to prove, with legal, appropriate and sufficient evidence, the alleged criminal act attributed to a person…the judge is obligated to release him, because the Constitution expects and demands it.”

Aureoles’ divisive accusations elicited other responses as well. Javier Gil Oseguera, president of the Association of Judges (Asociación de Jueces de Primera Instancia), echoed Flores’ public sentiments. “Justice is given in strict adherence to the law, respecting the principles of equality (Quadratín).” Furthermore, Judge Ramón Sánchez Magaña, the judge with jurisdiction over the disputed release of the supposed criminal on June 7th, continued to endorse the decision to release the individual due to a lack of evidence.

Violence and Crime in Michoacán

The heightened tensions between executive and judicial officials on the topic of public security are set among increasing levels of violence and crime in Michoacán. As documented by the latest Justice in Mexico Drug Violence in Mexico (2017) report, Michoacán was the Mexican state with the third highest number of intentional homicides in 2016 with 1,287 homicides. This number was a significant increase from 2015 with 922 categorized as organized crime group (OCG) homicides.

Additionally, the Drug Violence in Mexico report highlights a pattern of violence in Mexico against two categories of special victims: public officials and journalists.  According to the report, Michoacán ranked as one of the deadliest states in Mexico for both public officials and journalists in 2016. This trend continued into 2017 with the abduction of Salvador Adame Pardo, a journalist from southern Michoacán. Adame has not been heard of since his abduction. According to the Committee to Protect Journalists (CPJ), Adame had reached out to them with concerns for his safety.

Sources

“Drug Violence in Mexico: Data and Analysis Through 2016.” Justice in Mexico. March 30, 2017.

“Mexican journalist abducted in Michoacán state.” Committee to Protect Journalists. May 22, 2017.

“Jueces deben dar la cara para que seguridad no sea “sólo por hoy.” El Sol de Morelia. June 7, 2017.

“Exige respeto Supremo Tribunal de Justicia; ‘jueces dan la cara en audiencias públicas‘”: Flores.” El Sol de Morelia. June 12, 2017.

“Poder judicial pide al ejecutivo se respete división de poderes y trabajo de los jueces.” Mi Morelia. June 12, 2017.

“Se excedió, dicen jueces por declaración de Ejecutivo del Poder Judicial.” Quadratín. June 12, 2017.