The United Nations Working Group on Arbitrary Detention has raised concerns over widespread illegal arrests in Mexico, highlighting critical deficiencies in the country’s criminal justice system. In a report presented to the UN Human Rights Council, the group stressed that these arbitrary detentions are aggravated by issues such as prolonged pretrial detention, the militarization of public security, and external pressures on the judiciary.
Following an in-depth investigation during a visit to Mexico, the experts noted alarming trends that hinder the fair application of justice, including the excessive use of pretrial detention, known as “prisión preventiva”, and other contentious practices such as “arraigo”. These mechanisms, according to the group, represent human rights violations that must be addressed to bring Mexico’s legal system in line with international human rights standards.
Pretrial Detention: A Pressing Issue
A central point in the report was the ongoing reliance on pretrial detention, a practice that allows individuals to be held without a formal conviction. The working group criticized this approach, noting that in 2022, of the approximately 90,000 people awaiting legal resolution, nearly 50 percent were subjected to pretrial detention.
“Pretrial detention in Mexico contradicts fundamental human rights, often keeping individuals incarcerated without trial for extended periods,” the report stated. The group urged Mexico to align its policies with international human rights law by repealing informal pretrial detention from its constitution, as it unfairly penalizes individuals who have not yet been convicted of a crime.
“Arraigo”: A Continued Threat to Justice
Though the use of arraigo—a form of preventive detention that allows authorities to hold individuals without charge for up to 40 days—has diminished in recent years, the working group emphasized that its mere existence still poses significant risks for human rights abuses.
“The concept of arraigo creates the potential for arbitrary detentions and must be eliminated from the Constitution,” the experts insisted. They further cautioned that retaining such procedures undermines judicial independence and can lead to further erosion of citizens’ trust in the legal system.
Militarization of Public Security: A Rising Concern
In addition to issues within the judicial system, the working group expressed deep concern over the militarization of public security in Mexico. The report criticized the increasing involvement of military forces in policing and immigration control, highlighting the potential for this shift to exacerbate human rights abuses.
The experts called attention to the National Guard’s integration under the control of the Ministry of National Defense (Sedena), warning that this change could escalate human rights violations tied to military operations.
“There are currently 100,000 military personnel involved in police and security tasks,” the report noted. “This significant presence has been associated with a rise in violence against detainees, forced disappearances, and even homicides. Detainees in military custody are often subjected to serious acts of violence and torture.”
The working group urged the Mexican government to reconsider this course of action, encouraging a structural reform that would reestablish civilian oversight of the National Guard.
Judicial Independence Under Threat
Another critical issue addressed by the working group was the increasing pressure on the judiciary by various government actors. The report expressed concern that members of the Executive Branch have attempted to influence judges, particularly when rulings contradict government initiatives.
“The group is troubled by reports of executive interference in the judiciary, particularly in cases where judges have ruled against government proposals,” the experts stated. “The independence of the judiciary is vital for a functional democracy, and such pressures jeopardize the impartiality of the legal system.”
Call for Action
The UN working group called on the Mexican government to implement comprehensive reforms that address the systemic issues affecting the country’s criminal justice system. Key recommendations included abolishing arraigo, reforming pretrial detention practices, and demilitarizing public security forces.
The group concluded its report with an urgent plea for Mexico to prioritize human rights protections and strengthen the independence of the judiciary to prevent further deterioration of the rule of law.
The UN Human Rights Council is expected to review the findings and encourage Mexico to take swift action on these recommendations. Mexican officials have yet to provide a formal response to the report, but the international community is closely watching how the country will address these pressing issues.
