Since the integration of the political system in Mexico , justice institutions have been subjected to the Executive Branch, contrary to what occurs in consolidated democracies. This atypical situation, which has been maintained throughout the years, has led the State to slowly rearrange the link between the justice system and the political powers. This has led to the search of a legal reconfiguration fit for our current reality.
With all this as a background, we understand why Raúl Cervantes resigned to the Mexican Office of the Attorney General (PGR), a decision which was brought yesterday before the Mexican Senate. Mr. Cervantes is a man who has faced severe questionings from the opposition, mainly due to his kinship with high-ranking officials holding key positions within the Executive Branch.
On the other hand, the public debate which took place a few weeks ago was focused on the advantage of Raúl Cervantes being automatically appointed to the Mexican Office of the Prosecutor General (FGR) , institution which will replace the PGR. Opposition parties were against this initiative, questioning the autonomy the head of the Prosecutor's Office needs to have to allow the independence of the Judicial Branch from the Executive.
The resignation of Cervantes to the PGR opens up an opportunity to carry out the election process of the new Prosecutor with due transparency and accountability. The Legislative Branch has a very important task on this regard since they must choose the individual who can ensure the autonomy and independence the new Office of the Prosecutor General requires, mainly during its early stage.
Time is of an essence. We could assume the current context makes it possible to postpone the appointment of the new Prosecutor General, even if the reality is that political parties will always try to influence the process – now or after the elections; thus the importance of the appointment taking place under a transparent process accountable before civil society.
Postponing this transcendental decision for the Mexican democracy will only contribute to ratify the political parties do not consider a priority the establishment the Office of the Prosecutor, and worse, that the Judicial Power can be subjected to political interests. The efforts done in recent years to update the legal framework of the justice institutions of the State deserve a better response from the political class. The autonomy of the Judicial Branch is the basic criteria for the election of the new Prosecutor. This is what those who make the choices need to ensure, sooner or later.
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