MEXICO: Amnesty reform unlikely to solve Ayotzinapa problems
Mexico’s lower chamber of congress approved a reform to the Ley de Amnistía or Amnesty Law on 24 April. The reform gives the president power to grant amnesty to convicts who can provide information in cases of special interest to the Mexican State. Opposition politicians warn the reform is dangerous and concentrates too much power in the hands of the executive. However, President Andrés Manuel López Obrador has argued the reform could help the government to solve one of the country’s most notorious cases: the 2014 disappearance of 43 students from the Ayotzinapa rural teacher training college in Guerrero state.
Under the amended law, the president can directly grant amnesty to any imprisoned or prosecuted individuals who can shed light on cases relevant to the State. To do so, the president would not have to obtain the approval of any commissions or judges. There is also no regulation on granting amnesty to those accused of serious human rights violations. Up until now, the possibility of amnesty was limited to women imprisoned for abortion or vulnerable people convicted of lesser crimes such as sedition. Before conceding the amnesty, a commission formed of representatives from various entities needed to grant approval.
The reform therefore vastly widens the scope of those who can benefit from an amnesty while reducing the checks and balances involved in granting one. Federal deputy Rubén Moreira, coordinator of the centrist opposition Partido Revolucionario Institucional (PRI) parliamentary group, called the reform “Stalinist”, warning it could allow the government to declare the innocence of “the worst of killers, the worst of criminals”. The PRI and other opposition parties are preparing to challenge the constitutionality of the reform.
Human rights groups have also raised concerns about the reform. The human rights commission of Mexico City (CDHCM), an autonomous public body, warned that the reform deprived victims of their right to reparation. Local human rights organisation Centro de Derechos Humanos Miguel Agustín Pro Juárez (Prodh) said the reform created a “presidential pardon” system like those seen in other countries, which it said was often used in a discretional manner.
However, López Obrador has extolled the potential of the amended amnesty law in helping to solve the Ayotzinapa case, which saw 43 trainee students abducted from the city of Iguala in September 2014. Almost ten years on, the motives for and circumstances around the crime remain unknown and the students’ bodies have not been found. In a press conference on 24 April, López Obrador said there was a “pact of silence” around the disappearance of the students, which is believed to have taken place in collusion with authorities. He suggested that the new law could encourage people to come forward with new information.
There is scepticism as to how helpful the reform will be. Prodh, which is accompanying the legal case of the students’ families, stated that all attempts to find more information were welcome. However, it noted that the pact of silence around the case extended to the armed forces, which it said continued to refuse to fully open its archive to investigators. Prodh claimed the amnesty law was being used to distract from this.
Tensions
The armed forces have been at the heart of tensions between President López Obrador’s government and the students’ families in recent months. The families, supported by the findings of an investigation by independent experts [SSR-23-09], claim that the armed forces are deliberately withholding information that would shed light on the case. López Obrador has denied this, repeatedly stating that the armed forces are fully cooperating with the investigation and have handed over all relevant information.
On 6 March a group of protesters knocked down the door to the presidential palace in Mexico City (CDMX), demanding López Obrador meet with the students’ families. The president has since said he will meet with the families after the 2 June presidential elections to avoid the meeting being politicised. On 14 April, the Asamblea Nacional Popular (ANP), a grouping of social justice organisations including the students’ families and current Ayotzinapa students, agreed to boycott the electoral process due to the lack of progress in the Ayotzinapa case. Vidulfo Rosales Sierra, a lawyer representing the families, accused López Obrador of wanting to delay the meeting to gain time and avoid facing the political costs of his failed campaign pledge to solve the case.
An incident that took place the day after the protests in CDMX further fuelled tensions around the case. On 7 March Guerrero state police officers shot and killed Yanqui Kothan Gómez Peralta, an Ayotzinapa student, on the outskirts of state capital Chilpancingo. Initially, Guerrero’s public security ministry (SSP) claimed the police officers were responding to gunfire that Gómez and his two companions had initiated. This version of events was later debunked, with López Obrador stating that there had been “an abuse of authority” and Gómez had not fired a weapon.
The fallout from the case continued. On 14 March, Guerrero state governor Evelyn Salgado Pineda announced that she had accepted the resignations of the secretary general of Guerrero’s government, Ludwig Marcial Reynoso Núñez, and the state public security minister, Rolando Solano Rivera. She also announced the dismissal of state attorney general Sandra Luz Valdovinos, who refused to leave until the state congress approved her removal, which it did on 19 March.
Three state police officers have now been arrested over Gómez’s murder. The first two officers were arrested on 13 March while the third officer – the one suspected of pulling the trigger – fled. This officer, identified only as David ‘N’, remained on the run until 10 April, when authorities arrested him at a ranch near the city of Acapulco on Guerrero’s Pacific coast. The arrest took place after protesters, believed to be Ayotzinapa students, set alight a state government building in Chilpancingo by throwing firecrackers and incendiary objects through the windows on 8 April, the one-month anniversary of Gómez’s death.
Protests
Another protest took place in Mexico City (CDMX) on 26 April to demand justice and progress in the Ayotzinapa case. In a press conference on the morning of the protest, President López Obrador defended the installation of fences outside the national palace in anticipation of the demonstrations. While saying people were free to protest, López Obrador said it was also important to protect the palace as there were “a lot of troublemakers”.
Amparo response
In a column for Mexico’s Excelsior newspaper on 24 April, journalist Yuriria Sierra wrote that the reform to the Ley de Amparo “represents a critical turning point in the relationship between the powers of the State and the right of citizens to protect themselves against governmental outrages or abuses”. Sierra warned that the reform consolidates power further in the hands of President López Obrador and carries “profound and possibly dangerous implications for Mexican democracy”.
Ley de Amparo
On the same day as it approved the amendments to the Ley de Amnistía, the lower chamber also reformed the Ley de Amparo. This is the law governing the use of the ‘amparo’, a legal mechanism that enables citizens to appeal unconstitutional statutes or actions of the State before the courts.
If an amparo is accepted, courts can grant a suspension to prevent the application of the measure in question. The reform reduces the scope of these suspensions, meaning they only affect those who filed the amparo, rendering them largely useless.
Amparo lawsuits filed by environmental, indigenous, and business groups have enabled judges to suspend work on some of the president’s flagship infrastructure projects, such as the Tren Maya railway, as well as reforms to the electricity sector and electoral system. Opposition politicians and business and legal groups argue the mechanism is crucial to providing checks and balances to the government and ensuring access to justice. However, the government claims the mechanism allows biased judges to suspend laws that benefit the public.