Mexico plans reform to end criminal immunity for legislators and governors

Mexico's ruling Morena party is preparing a constitutional reform to abolish criminal procedural immunity for lawmakers and local governors. Alfonso Ramírez Cuéllar, the party's deputy coordinator in the Chamber of Deputies, announced the upcoming proposal, emphasizing its goal to strengthen the "popular mandate" and prevent officials from using their positions as temporary platforms for political gain.

Ramírez Cuéllar stressed the need for Mexico to move towards a "regime of public responsibilities" where no one is above the law. He clarified that the reform distinguishes between parliamentary inviolability, which protects opinions and votes, and criminal procedural immunity, which he described as a "privilege used deceitfully" that must end. He asserted that eliminating this immunity does not negate due process, the presumption of innocence, or the right to defense.

Instead, the proposal suggests that protection against unfounded accusations should be guaranteed through ordinary criminal procedure and constitutional controls, rather than relying on decisions made by political majorities, as is currently the case with "declarations of provenance" (declaración de procedencia).

The legislator warned that the political cost of continuing to shield politicians and governors is too high, contributing to widespread impunity. He also called for a review of judicial resolutions that can hinder the enforcement of sanctions derived from impeachment trials (juicio político). Specifically, he referenced a 2005 Supreme Court thesis that allows for the suspension of impeachment trial consequences, such as removal or disqualification, until a constitutional controversy is resolved, creating a "problem of enormous democratic significance."