The crusade against corruption of the Mexican President, Andres Manuel Lopez Obrador (“AMLO”), takes a decisive turn: the Supreme Court of the country has validated, Thursday 1er October, his popular consultation project on the question of whether or not to judge five former presidents. An unprecedented initiative, motivated by a series of alleged embezzlements on the part of its predecessors. But the politicization of the future plebiscite is contested in the name of the balance of power.
The magistrates of the highest judicial body of the country created, Thursday, the surprise: the initial draft resolution proposed by their peer, Luis Maria Aguilar, ensured that such a popular consultation represented “A concert of unconstitutionality”. Mr. Aguilar argued in particular that justice cannot be submitted to the opinion of a majority of voters, risking “To undermine the presumption of innocence” and the right to “A fair trial” litigants.
However, six of the eleven senior judges ruled the initiative constitutional. They nevertheless reformulated the question, proposed by AMLO, to make it more neutral. The latter expressly mentioned the names of five former presidents: Carlos Salinas de Gortari (1988-1994), Ernesto Zedillo (1994-2000), Vicente Fox (2000-2006), Felipe Calderon (2006-2012) and Enrique Peña Nieto (2012) -2018).
Mexicans will be called upon, during the legislative and local elections in June 2021, to vote on this question: ” Do you agree or not to lead, in compliance with the law, a process of clarification of decisions taken in the past by political actors to guarantee justice and the rights of possible victims? “ The judges based their decision on respect for participatory democracy, justified according to them by the public character of the former heads of state.
Promise to break with corruption
A few hours earlier, AMLO had declared itself ready to propose a draft reform of the Constitution in the event of the Court’s refusal. Political pressure that has been denounced by some judges opposed to his initiative. Elected triumphantly in 2018 on the promise of breaking with the corruption and impunity of political elites, AMLO tabled in the Senate, on September 15, its popular consultation proposal. The latter was accompanied by a long argument in which he revealed the alleged crimes of his predecessors during the last thirty years.
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