Fifth journalist killed in Mexico in 2019

Journalist killed in Quintana Roo.

Francisco Romero Díaz was killed on May 16, 2019 in Playa del Carmen, Quintana Roo. Source: Notimundo.

05/21/19 (written by kheinle) — Mexico is on pace to be the world’s most dangerous country for journalists in 2019, according to Reporters Without Borders. Five media workers have been killed in Mexico in just the first five months of the year, the most recent coming in the early morning of May 16. Authorities found the body of Francisco Romero Díaz in the popular Playa del Carmen beach town in Quintana Roo. Romero was a reporter with Quintana Roo Hoy and oversaw an online Facebook page called Ocurrió Aquí through which he posted on local stories, politics, and harassment against journalists. He was the fourth journalist killed in Quintana Roo in the past 12 months, reports El Universal, and the sixth nationwide since President Andrés Manuel López Obrador took office in December 2018, according to advocacy organization Article 19.

The 28-year-old reporter and his family faced ongoing threats in response to his coverage of crime and violence. The threats were serious enough that Romero had enrolled in a federal protection program for at-risk journalists, which gave him access to body guards and to a “panic button,” among other tactics, to ensure his safety. The night of his death, however, Romero had reportedly dismissed his guards for the evening, but then received an early morning phone call about a tip on a story at the local club, to which he responded. Authorities found his body soon thereafter with at least two gunshot wounds.

Committee to Protect Journalists’ Mexico Representative Jan-Albert Hootsen responded to Romero’s death. “This brutal murder of Francisco Romero Díaz is a direct consequence of the unabating violence in Quintana Roo and Playa del Carmen, a state and city popular with tourists, but lethal for journalists,” he said. “Mexican authorities must do everything in their power to bring the culprits to justice…”

Violence Against Journalists in Mexico

Mexico has long been one of the most dangerous countries for members of the media to work. In 2018, according to the Committee to Protect Journalists (CPJ), four journalists were killed in Mexico, tying it with the United States in fourth place on their list of most journalists killed. Only Afghanistan (13 journalists killed), Syria (9), and India (5) had more. Justice in Mexico’s Memoria dataset, however, adopts a less conservative measure than CJP, considering cases of both media workers and journalists who may have been victims of intentional homicide for a variety of motives not limited to their reporting. According to that dataset, 16 such individuals were killed in 2018 — four times higher than CPJ’s tally.

The New Criminal Justice System

Despite the danger that Mexican journalists face, the government recently took a step forward in its efforts to protect this vulnerable population. On May 15, a Special District Judge (Juez de Distrito Especializado) in the Center for Federal Criminal Justice (Centro de Justicia Penal Federal) in Xalapa, Veracruz sentenced an individual for threatening a journalist. According to local sources, the defendant, Joaquín R. P., threatened reporter Edgar Juárez Gómez via social media, telephone calls, and text messages in response to a story that Juárez Gómez had published about the defendant’s brother being held in detention. The six-month sentence handed down was the first of its kind for such crimes to be given in Veracruz under the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP).

To read more about the dangers that journalists face in Mexico, check out Justice in Mexico’s annual report released in April 2019, “Organized Crime and Violence in Mexico.”

Sources:

“54 Journalists Killed.” Committee to Protect Journalists. Last accessed March 24, 2019.

Calderón, Laura et al. “Organized Crime and Violence in Mexico.” Justice in Mexico. April 2019.

Barranco Déctor, Rodrigo. “Por primera vez en Veracruz, sentencian a sujeto por atentar contra periodista.” La Silla Rota. May 15, 2019.

“Por amenazar a periodista veracruzano, lo sentencian a 6 meses de prisión.” Noreste. May 15, 2019.

J.M.C. “Asesinado un periodista en Playa del Carmen, el sexto en México en 2019.” El País. May 16, 2019.

“Reportan al quinto periodista asesinado durante el 2019 en México.” El Universal. May 16, 2019.

“Reporter shot and killed in Mexican tourist resort.” Reuters. May 16, 2019.

“Mexican reporter Francisco Romero Díaz shot dead in Playa del Carmen.” Committee to Protect Journalists. May 17, 2019.

Police lack training in the New Criminal Justice System

Data collected by INEGI show insufficient levels of training completed by Mexican Police throughout the country.

12/04/18 (written by kheinle) — Recent reports indicate that the majority of Mexican police are insufficiently trained on the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP). Just over half of all police have attended only one of three required NSJP-related trainings, according to the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI). Meanwhile, 80% of Mexican police have concerns over the system’s implementation.

As outlined by the Ministry of the Interior (Secretaría de Gobernación, SEGOB), one of the required workshops focuses on first responders, scene preservation, and evidence collection. Only 12 of Mexico’s 32 states and Federal District (Distrito Federal, DF) have had over 50% of its officers complete this training. The second course covers the role of police in the beginning stages of a case’s investigation. Only six states have had at least 50% of its forces trained. The third training focuses on the joint criminal investigation involving preventative and investigative police. Even fewer states – four – have had at least half comply. Only two states have had a majority of their police complete all three trainings: Chiapas and Coahuila.

One reason for the police’s insufficient training, argued Alberto Capella, Quintana Roo’s Minister of Public Security, is the flawed structural design of the NSJP’s implementation period, which spanned eight years (2008-2016). In an article by Noticieras Televisa, Capella notes that little pressure was put on local governments to ensure their police were sufficiently trained until the end of that eight-year window. Chihuahua Attorney General César Peniche also commented on the unequal levels of training among judicial system operators. He argued that the criminal justice system must adapt in order to fill these voids.

For his part, a professor of Criminal Justice at the University of Barcelona in Spain and a native of San Luis Potosí, David Ordaz Hernández commented on the overall stagnation in the implementation of the NSJP. He faulted the lack of training of justice system operators—including police—as a main reason for its delay. Insufficient training often leads to judicial processes being done by hand, he argued. The operators do not have the learned methodology or full understanding of the system, and these inefficiencies add up.

In November, several municipal mayors and local officials acknowledged the insufficient levels of training. As reported by news source Multi Medios, Cristina Díaz, the mayor of Guadalupe, Nuevo León, for example, said that in addition to fully training police forces, they also ought to work with police in the traffic division (“los agentes de tránsito”). Other local officials, however, defended the progress of their municipalities and their efficiency with processing the law.

Sources:

“México enfrenta reto de seguridad y aumento en homicidios, análisis en despierta.” Noticieros Televisa. November 8, 2018.

Villasena, Mayte. “Se comprometen alcaldes metropolitanos a capacitar a policías.” Multimedios. November 14, 2018.

Martínez, Abel. “Policías de México no han sido actualizados en Sistema de Justicia Penal.” Tribuna Noticias. November 22, 2018.

Morales, Rosa María. “El Nuevo Sistema de Justicia Penal, aún en pañales: David Ordaz.” Pulso – Diario de San Luis. November 26, 2018.

Second OASIS workshop of 2018 is completed at UANL

03/09/18 (written by Genesis Lopez) – Justice in Mexico’s Oral Adversarial Skill Building Immersion Seminar (OASIS) program held its second oral advocacy workshop of 2018 from February 23- March 3, 2018, working collaboratively with the Department of Law and Criminology (Facultad de Derecho y Criminología, FACDYC) at the Autonomous University of Nuevo León (Universidad Autónoma de Nuevo León, UANL) in Monterrey. The OASIS program, funded through the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs, emphasizes oral litigation skills, which are provided through these workshops.

The extensive two-week workshop provided critical instruction regarding the oral techniques central to Mexico’s Criminal Justice System. Approximately 85 participants, law professors and students from UANL, attended the workshop. OASIS Training Director Janice Deaton led a diverse team of instructors from Colombia, Mexico, and the United States. These instructors included: Christopher Pastrana, Bertha Alcalde, Anthony Da Silva, Jorge Gutiérrez, Michael Mandig, Albert Amado, Adriana Blanco, Carlos Varela and Iker Ibarreche.

The instructors addressed seven major topics:

Theory of the case: The strategy behind the decisions and actions a lawyer takes. This assists the participants in making strategic decisions, which help solve a case.

Opening Statements: Understanding the importance opening statements have in regards to the trial, specifically the jury. Participants learned how to prepare and present an effective opening statement.

Interrogation: Establishing the credibility of the witnesses, laying out the scene, and introducing the events that took place in relationship to the case.

Cross-Interrogation: Questioning of a witness where the opposing party looks to discredit their testimony and credibility.

Introducing Evidence: Determining whether or not the evidence one wishes to present is real, testimonial, demonstrative, or documental.

Use of Depositions: Understanding how to utilize previous statements, especially to refresh a witness’s memory during trial.

Closing Statements: Reiterating the important arguments, theories, and evidence that are relevant to the case. Participants learned how to structure their closing arguments and strengthen their communication skills.

At the conclusion of the workshop, the participants attended a plenary session on ethics and applied the skills they learned in a mock trial. The simulation was designed specifically for the OASIS program and gave the participants the opportunity to showcase what they earned over the course of two weeks. They adopted specific roles and the instructors acted as judges, overseeing the trial and providing feedback.

At the closing ceremony, the FACDYC Director, Oscar Lugo Serrato spoke with Justice in Mexico’s Program Coordinator, Octavio Rodriguez and discussed the importance of practical trainings like the OASIS workshop. They also discussed the significance of bi-national relationships between universities. The next OASIS workshop will take place at the (Universidad de Guadalajara, UdeG), ­­­from April 13 –April 21, 2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Justice in Mexico inaugurates third year of oral adversarial training at UNAM Law School

Chilean attorney Leonardo Moreno leads a small group of UNAM law professors through an oral adversarial skills practice session.

Chilean attorney Leonardo Moreno leads a small group of UNAM law professors through an oral adversarial skills practice session.

3/2/17 (written by Ashley Ahrens-Víquez) Now in its third year, Justice in Mexico’s OASIS (Oral Adversarial Skill-Building Immersion Seminar) program just completed its first of three workshops providing oral advocacy training to law faculty and students at Universidad Nacional Autónoma de México (UNAM) Law School in Mexico City this past week.

Organized as a 40-hour intensive workshop, participants had the opportunity to further develop skills and techniques specifically adapted for Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP). The main goal of the workshops are to provide oral adversarial skills training to UNAM Law School faculty and students and support Mexico’s transition and implementation of its oral, adversarial and accusatory criminal justice system.

Workshop Structure

During the two-week workshop, various instructors gave lectures on different aspects of oral litigation, including 1) Structure of Opening Statements; 2) Sufficiency of the Evidence; 3) Closing Arguments and Sentencing; Theory of the Case; Presenting Evidence at Trial; Interrogation and Cross-examination; Objections; Use of prior statements; and Legal theory. The workshops are comprised of about 20 hours of theory and about 20 hours of practical exercises, and are taught by United States, judges, prosecutors, and/or defense attorneys, with teaching experience in the United States. Some Mexican and Chilean prosecutors and/or defense attorneys are also incorporated to provide comparative perspective. On the final day of the seminar, participants apply what they have learned in a mock trial, after which they receive feedback on their performance and suggestions for improvement.

Since 2015, the OASIS program has helped to further develop oral advocacy trial skills to over 359 UNAM law students and law professors. As the February workshop draws to a close, Justice in Mexico looks forward to the successful implementation of the next two OASIS oral advocacy skill building workshops taking place March 13-25 and April 3-7, 2017 at UNAM Law School.

Justice in Mexico publishes Policy Brief on Mexico’s New Criminal Justice System

Justice in Mexico Policy Brief: The State of Judicial Sector Reform in Mexico now available!

Justice in Mexico Policy Brief: The State of Judicial Sector Reform in Mexico now available!

07/25/16 – Justice in Mexico is proud to release its newest publication, “The State of Judicial Sector Reform in Mexico.” With Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) in full effect, the Policy Brief provides an assessment of Mexico’s judicial sector reforms, the Mexican government’s implementation efforts, and the remaining challenges and concerns. The Policy Brief also draws on previous and recent findings of Justice in Mexico to provide a concise overview and some of the policy recommendations that can help ensure the long-term success of recent reform efforts.

The NSJP, which shifts Mexico’s criminal procedure from the traditional ‘mixed inquisitorial’ model of criminal procedure to an ‘adversarial’ model, offers three principal advantages that improve Mexico’s overall judiciary. First, the NSJP introduces greater transparency, which is largely thanks to the inclusion of oral trials, or public court proceedings, into hearings. Second, the new system is far more efficient than the traditional model, as the courts’ once overloaded dockets that clogged up the court system have been relieved by including alternative dispute resolution (ADR) methods and plea bargains into the processes, among other methods. Lastly, the NSJP focuses heavily on respecting due process, which lends greater fairness to the administration of justice.

The Policy Brief builds on previous Justice in Mexico reports that covered the status of the New Criminal Justice System implementation, an eight-year phase that culminated on June 18, 2016 when Mexico’s constitutionally imposed deadline passed. Those reports include:

The Policy Brief also draws data from a forthcoming study by Justice in Mexico that will be released in September 2016. That report will be the second iteration of the “Justiciabarómetro” survey of more than 700 Mexican judges, prosecutors, and public defenders in 12 states. Several preliminary results worth noting demonstrate the important progress and hope for the future of the NSJP. First, there is overwhelming agreement in Mexico that judicial reforms are needed. Second, although judges largely agree that the NSJP will increase transparency and reduce corruption, prosecutors and public defenders do not. Third, a substantial turnover among judges in 2008 throughout Mexico may bode well for the reforms’ implementation and effectiveness because many current judges were appointed to position around the time the judicial reforms were approved in 2008, thus making them more comfortable and accepting of the judicial changes.

“The State of Judicial Sector Reform in Mexico” is made possible thanks to generous funding of the John D. and Catherine T. MacArthur Foundation. It is co-authored by Justice in Mexico’s Nancy Cortés, Kim Heinle, Octavio Rodríguez Ferreira, and David Shirk. Justice in Mexico is based at the Department of Political Science and International Relations at the University of San Diego.

The full publication is available here.