Keep Us Strong WikiLeaks logo

Currently released so far... 97115 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ETRD EAGR ETTC EAID ECON EFIN ECIN EINV ELAB EAIR ENRG EPET EWWT ECPS EIND EMIN ELTN EC ETMIN EUC EZ ET ELECTIONS ENVR EU EUN EG EINT ER ECONOMICS ES EMS ENIV EEB EN ECE ECOSOC EK ENVIRONMENT EFIS EI EWT ENGRD ECPSN EXIM EIAD ERIN ECPC EDEV ENGY ECTRD EPA ESTH ECCT EINVECON ENGR ERTD EUR EAP EWWC ELTD EL EXIMOPIC EXTERNAL ETRDEC ESCAP ECO EGAD ELNT ECONOMIC ENV ETRN EIAR EUMEM ENRGPARMOTRASENVKGHGPGOVECONTSPLEAID EREL ECOM ECONETRDEAGRJA ETCC ETRG ECONOMY EMED ETR ENERG EITC EFINOECD EURM EENG ERA EXPORT ENRD ECONEINVETRDEFINELABETRDKTDBPGOVOPIC EGEN EBRD EVIN ETRAD ECOWAS EFTA ECONETRDBESPAR EGOVSY EPIN EID ECONENRG EDRC ESENV ETT EB ENER ELTNSNAR ECHEVARRIA ETRC EPIT EDUC ESA EFI ENRGY ESCI EE EAIDXMXAXBXFFR EETC ECIP EIAID EIVN EBEXP ESTN EING EGOV ETRA EPETEIND ELAN ETRDGK EAIDRW ETRDEINVECINPGOVCS EPEC ENVI ELN EAG EPCS EPRT EPTED ETRB EUM EAIDS EFIC EFINECONEAIDUNGAGM EAIDAR ESF EIDN ELAM EDU EV EAIDAF ECN EDA EXBS EINTECPS ENRGTRGYETRDBEXPBTIOSZ EPREL EAC EINVEFIN ETA EAGER EINDIR ECA ECLAC ELAP EITI EUCOM ECONEFINETRDPGOVEAGRPTERKTFNKCRMEAID EARG ELDIN EINVKSCA ENNP EFINECONCS EFINTS ECCP ETC EAIRASECCASCID EINN ETRP EAIDNI EFQ ECOQKPKO EGPHUM EBUD ECONEINVEFINPGOVIZ ENERGY ELB EINDETRD EMI ECONEFIN EIB EURN ETRDEINVTINTCS EIN EFIM ETIO ELAINE EMN EATO EWTR EIPR EINVETC ETTD ETDR EIQ ECONCS EPPD ENRGIZ EISL ESPINOSA ELEC EAIG ESLCO EUREM ENTG ERD EINVECONSENVCSJA EEPET EUNCH ECINECONCS ETRO ETRDECONWTOCS ECUN EFND EPECO EAIRECONRP ERGR ETRDPGOV ECPN ENRGMO EPWR EET EAIS EAGRE EDUARDO EAGRRP EAIDPHUMPRELUG EICN ECONQH EVN EGHG ELBR EINF EAIDHO EENV ETEX ERNG ED
KMDR KPAO KPKO KJUS KCRM KGHG KFRD KWMN KDEM KTFN KHIV KGIC KIDE KSCA KNNP KHUM KIPR KSUM KISL KIRF KCOR KRCM KPAL KWBG KN KS KOMC KSEP KFLU KPWR KTIA KSEO KMPI KHLS KICC KSTH KMCA KVPR KPRM KE KU KZ KFLO KSAF KTIP KTEX KBCT KOCI KOLY KOR KAWC KACT KUNR KTDB KSTC KLIG KSKN KNN KCFE KCIP KGHA KHDP KPOW KUNC KDRL KV KPREL KCRS KPOL KRVC KRIM KGIT KWIR KT KIRC KOMO KRFD KUWAIT KG KFIN KSCI KTFIN KFTN KGOV KPRV KSAC KGIV KCRIM KPIR KSOC KBIO KW KGLB KMWN KPO KFSC KSEAO KSTCPL KSI KPRP KREC KFPC KUNH KCSA KMRS KNDP KR KICCPUR KPPAO KCSY KTBT KCIS KNEP KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG KNNB KGCC KINR KPOP KMFO KENV KNAR KVIR KDRG KDMR KFCE KNAO KDEN KGCN KICA KIMMITT KMCC KLFU KMSG KSEC KUM KCUL KMNP KSMT KCOM KOMCSG KSPR KPMI KRAD KIND KCRP KAUST KWAWC KTER KCHG KRDP KPAS KITA KTSC KPAOPREL KWGB KIRP KJUST KMIG KLAB KTFR KSEI KSTT KAPO KSTS KLSO KWNN KPOA KHSA KNPP KPAONZ KBTS KWWW KY KJRE KPAOKMDRKE KCRCM KSCS KWMNCI KESO KWUN KPLS KIIP KEDEM KPAOY KRIF KGICKS KREF KTRD KFRDSOCIRO KTAO KJU KWMNPHUMPRELKPAOZW KEN KO KNEI KEMR KKIV KEAI KWAC KRCIM KWCI KFIU KWIC KCORR KOMS KNNO KPAI KBWG KTTB KTBD KTIALG KILS KFEM KTDM KESS KNUC KPA KOMCCO KCEM KRCS KWBGSY KNPPIS KNNPMNUC KWN KERG KLTN KALM KCCP KSUMPHUM KREL KGH KLIP KTLA KAWK KWMM KVRP KVRC KAID KSLG KDEMK KX KIF KNPR KCFC KFTFN KTFM KPDD KCERS KMOC KDEMAF KMEPI KEMS KDRM KEPREL KBTR KEDU KNP KIRL KNNR KMPT KISLPINR KTPN KA KJUSTH KPIN KDEV KTDD KAKA KFRP KWNM KTSD KINL KJUSKUNR KWWMN KECF KWBC KPRO KVBL KOM KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG KEDM KFLD KLPM KRGY KNNF KICR KIFR KM KWMNCS KAWS KLAP KPAK KDDG KCGC KID KNSD KMPF KPFO KDP KCMR KRMS KNPT KNNNP KTIAPARM KDTB KNUP KPGOV KNAP KNNC KUK KSRE KREISLER KIVP KQ KTIAEUN KPALAOIS KRM KISLAO KWM KFLOA
PHUM PINR PTER PGOV PREL PREF PL PM PHSA PE PARM PINS PK PUNE PO PALESTINIAN PU PBTS PROP PTBS POL POLI PA PGOVZI POLMIL POLITICAL PARTIES POLM PD POLITICS POLICY PAS PMIL PINT PNAT PV PKO PPOL PERSONS PING PBIO PH PETR PARMS PRES PCON PETERS PRELBR PT PLAB PP PAK PDEM PKPA PSOCI PF PLO PTERM PJUS PSOE PELOSI PROPERTY PGOVPREL PARP PRL PNIR PHUMKPAL PG PREZ PGIC PBOV PAO PKK PROV PHSAK PHUMPREL PROTECTION PGOVBL PSI PRELPK PGOVENRG PUM PRELKPKO PATTY PSOC PRIVATIZATION PRELSP PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ PMIG PREC PAIGH PROG PSHA PARK PETER POG PHUS PPREL PS PTERPREL PRELPGOV POV PKPO PGOVECON POUS PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN PWBG PMAR PREM PAR PNR PRELPGOVEAIDECONEINVBEXPSCULOIIPBTIO PARMIR PGOVGM PHUH PARTM PN PRE PTE PY POLUN PPEL PDOV PGOVSOCI PIRF PGOVPM PBST PRELEVU PGOR PBTSRU PRM PRELKPAOIZ PGVO PERL PGOC PAGR PMIN PHUMR PVIP PPD PGV PRAM PINL PKPAL PTERE PGOF PINO PHAS PODC PRHUM PHUMA PREO PPA PEPFAR PGO PRGOV PAC PRESL PORG PKFK PEPR PRELP PREFA PNG PGOVPHUMKPAO PRELECON PINOCHET PFOR PGOVLO PHUMBA PRELC PREK PHUME PHJM POLINT PGOVPZ PGOVKCRM PGOVE PHALANAGE PARTY PECON PEACE PROCESS PLN PRELSW PAHO PEDRO PRELA PASS PPAO PGPV PNUM PCUL PGGV PSA PGOVSMIGKCRMKWMNPHUMCVISKFRDCA PGIV PRFE POGOV PEL PBT PAMQ PINF PSEPC POSTS PHUMPGOV PVOV PHSAPREL PROLIFERATION PENA PRELTBIOBA PIN PRELL PGOVPTER PHAM PHYTRP PTEL PTERPGOV PHARM PROTESTS PRELAF PKBL PRELKPAO PKNP PARMP PHUML PFOV PERM PUOS PRELGOV PHUMPTER PARAGRAPH PERURENA PBTSEWWT PCI PETROL PINSO PINSCE PQL PEREZ PBS

Browse by classification

Community resources

courage is contagious

Viewing cable 08MEXICO1889, MEXICAN PRESIDENT CALDERON SIGNS CRIMINAL JUSTICE

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #08MEXICO1889.
Reference ID Created Released Classification Origin
08MEXICO1889 2008-06-20 22:22 2011-08-25 00:00 UNCLASSIFIED Embassy Mexico
VZCZCXRO4752
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #1889/01 1722222
ZNR UUUUU ZZH
R 202222Z JUN 08
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 2297
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEAHLA/DEPT OF HOMELAND SECURITY
RHMFIUU/CDR USNORTHCOM
RHMFIUU/CDR USSOUTHCOM MIAMI FL
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC
UNCLAS SECTION 01 OF 03 MEXICO 001889 
 
SIPDIS 
 
AID 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM SNAR KCRM MX
SUBJECT: MEXICAN PRESIDENT CALDERON SIGNS CRIMINAL JUSTICE 
AND PUBLIC SAFETY CONSTITUTIONAL REFORMS 
 
1.  SUMMARY: On Tuesday June 17, 2008 at 8:30am, President 
Felipe de Jesus Calderon Hinojosa signed the decree 
promulgating constitutional reforms for criminal justice and 
public safety. The amendments must now be published in the 
official gazette, and will become effective 30 days after 
publication. 
 
2.  BACKGROUND. On February 26, 2008, the Chamber of Deputies 
approved the Senate version of the constitutional justice 
reforms (463 votes in favor, 6 against and 1 abstention). 
Mexico requires Constitutional reforms be ratified by at 
least 17 state legislatures (50% plus 1). To date, 23 states 
have ratified the reforms and no state has rejected them. 
The remaining states have not voted on the reforms because 
their legislatures are not in session. President Calderon 
announced that since 23 states exceeds the majority required 
for ratification, that he would sign said reforms into law. 
 
 
KEY ASPECTS OF CONSTITUTIONAL REFORMS 
 
 
3. Ten Articles of the Mexican Constitution (Articles 16, 17, 
18, 19, 20, 21, 22, 73, 115 and 123) were amended. The rights 
of due process are inherent, in that no person may be 
sentenced before a final judgment has been entered at a fair 
trial; and that all pre-trial hearings must be heard by a 
judge pursuant to the principles of orality (defined as 
transparency, speedy trial, continuity, and confrontation of 
witnesses). 
 
 
4.  The reforms will facilitate the use of better 
investigative techniques, with greater emphasis on the 
collection, analysis, and presentation of scientific 
evidence.  There will be less reliance on confessions as a 
basis for conviction, which should lessen the motivation to 
obtain confessions by any, including, illicit, means. 
Confessions obtained through illicit means, i.e. torture, 
will not be admissible.  Prosecutors will direct 
investigations, but police will have investigative powers as 
well. Prosecutors will have the power to designate which 
federal and/or state police force(s) will conduct 
investigations under their oversight and guidance. 
 
 
5.  All police forces must adhere to strict certification 
procedures which will be established in the secondary laws 
governing them. 
 
6.  The constitutional justice reforms introduce alternative 
means of resolving lesser criminal cases.  Under the existing 
system, all cases proceed to trial regardless of community 
impact, and the courts are notoriously congested. The 
introduction of alternative means of disposing of cases will 
permit prosecutors to focus their attention on major crimes, 
such as those perpetrated by organized crime related to 
narcotics and trafficking in persons. 
 
7.  The reforms also expand the use of alternatives to 
pre-trial detention.  As in the U.S. system, Mexican judges 
will determine whether or not a defendant may be released on 
bail based on factors including the seriousness of the crime, 
flight risk, propensity to perform another delinquent act, 
and so forth. 
 
 
8.  Under the constitutional justice reforms the public 
defense will be strengthened. The reforms dictate that the 
public defense will earn the same salary as the prosecutors. 
(At the state level this is more meaningful since most state 
public defenders do not earn the same salaries as state 
prosecutors. However, at the federal level, the public 
defense earns more than most prosecutors.) 
 
 
9.  Post-sentencing guidelines.  Judges will preside over the 
felons in all post-conviction issues -  including ensuring 
that sentences are complied with, and that no felon will 
over-serve his/her sentence. Also, it foresees the active 
participation of victims in criminal cases. 
 
 
10.  Finally, the Constitutional reforms provide for 
 
MEXICO 00001889  002 OF 003 
 
 
"civil-like" forfeiture of illicit assets.  Under the 
previous law, assets can be seized only following the 
criminal conviction of the owner or in cases of abandonment. 
Under the reforms, a new asset forfeiture law can be passed 
to allow for ownership of illicit assets to be extinguished 
and transferred to the government in more expeditious and 
less onerous proceedings than a criminal trial. 
 
 
Human Rights Concerns 
 
 
11.  Human Rights Organizations criticized the reforms for 
permitting the detention of defendants accused of having 
committed an organized crime, of up to 80 days - that is, 
they can be detained for 80 days while prosecutors complete 
these complex investigations.  However, such temporary 
detention prior to being formally charged must be approved in 
advance by a judge.  This 80 day provision is actually less 
than the 90 days allowed by the old system. 
 
 
The Old System 
 
 
12. Although legal experts agree that the Constitutional 
Assembly of 1917 intended to establish an oral, adversarial 
criminal justice system, this did not occur. The previous 
justice system defied reform efforts and remained 
inquisitorial and secretive system, characterized by an 
inherently ambiguous design.  The system relied far more 
heavily on confessions than on any other form of evidence; 
police and the local, state, and federal levels did not have 
the capacity to collect and analyze forensic evidence.  The 
flaws contributed to enormous public distrust of the entire 
justice sector. 
 
 
13.  The Constitutional reforms as signed by President 
Calderon are without a doubt the most important reform in the 
field of justice and public safety since 1917. 
 
 
The Reform Timetable 
 
 
14.  Although Mexico has up to eight years to transform its 
criminal justice system into an oral adversarial criminal 
justice system, there are several aspects of the reforms that 
will become effective in 30 days. 
 
 
15.  All police are now eligible to investigate crimes. 
Unfortunately, the lack of preparation, regulations to guide 
the police and coordination between police departments, will 
make it difficult for prosecutors to build a solid case. The 
U.S. Embassy plans to support Mexican reformers as they 
provide technical assistance and training to police units, 
not just criminal investigators. 
 
 
16.  Although all articles regarding organized crime are 
effective immediately, secondary legislation will be 
necessary prior to implementation.  The GOM has requested 
technical assistance from the USG on issues such as recording 
telephone conversations and asset forfeiture. 
 
 
17.  Organized crime suspects may be detained in Federal safe 
houses for up to 80 days.  Mexican states have been given 
authority to determine the serious state crimes (such as TIP, 
homicide, rape) wherein state authorities can place 
defendants under home arrest for up to 40 days when they are 
suspects of these said serious offenses. 
 
 
18.  Prosecutors can request wiretap warrants for any method 
of communication (telephone, internet, etc.). Prosecutors 
will have more efficient and an expedited means of obtaining 
these warrants.  The reforms also allow admissibility of 
consensual one-party recordings without need for a warrant. 
Federal judges need to be trained so that the warrants can be 
rapidly obtained while placing the burden and responsibility 
on the prosecutors in order to minimize abuse of these 
 
MEXICO 00001889  003 OF 003 
 
 
practices. 
 
Mexican States, experience in Judicial Reforms 
 
19.  The 8 states that have begun implementation of oral, 
adversarial codes of criminal procedure (Baja California, 
Chihuahua, State of Mexico, Oaxaca, Puebla, Morelos, Nuevo 
Leon and Zacatecas) will need to make certain modifications 
(some less than others) to their codes, prior to officially 
becoming the first states to abide by the new Federal 
Constitution. Chihuahua is in the best of circumstances since 
it will need only to modify and create a civil service for 
its public defense and to reduce its standard of proof to 
probable cause in order to detain and/or indict an 
individual. 
 
20. CONCLUSION.  Reforms will impact the federal government, 
the Federal District and all 31 states.  All entities will 
have to reform their code of criminal procedures within the 
next eight years. USAID has provided technical assistance to 
five states (Chihuahua, Oaxaca, Morelos, Baja California and 
Zacatecas) that allowed them to experiment with judicial 
reforms.  Their experience helped inform the national 
Congress and the Administration as they drafted and passed 
the national judicial reforms.  The states and their 
experience will now serve as a model for the rest of the 
country.  The reforms are an immense task that will require 
massive investments in technical assistance, training and 
construction as people, buildings and institutions meet the 
requirements of the judicial reforms.  It will be eight years 
of intensive work which will require enormous amounts of 
human and financial resources. 
 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
GARZA