Capital punishment in Mexico
Encyclopedia
Capital punishment
in Mexico
last non-military execution in Mexico was in 1937, and was officially abolished in 2005. Despite the existence of an abolitionist movement dating back to the 19th century, the popularity of the punishment has increased due to the increasingly violent drug war
.
There is significant history of abolitionism in Mexico, dating back to the 19th century. Following the Plan of Ayutla
, the 1857 constitution was drafted, which specifically outlawed the death penalty for political crimes, and allowed abolition for ordinary crimes in the future. Mexico's government at that time was quite unstable, and the express abolition of political crimes could have been linked to concern that the lawmakers themselves could become subject to the punishment if there was an uprising. Personal experiences too may have been a factor, as many Mexicans had experienced political repression. There was widespread condemnation of the death penalty in the media, and many Mexican literates were familiar with the work of Cesare, Marquis of Beccaria
. Following the rule of Porfirio Díaz
, the death penalty article was amended in the reform which led to the current Constitution of Mexico
.
The last non-military execution (of a soldier charged with insubordination and murder) was in 1961, so the official abolishments of military execution in 2005 and of military execution in 1976 lagged the de facto
cessations by 68 and 15 years, respectively.
Mexico is a majority Roman Catholic country, with 88% of the population identifying themselves as Roman Catholic. The Vatican
has made numerous statements criticizing capital punishment, and this may be a factor in the debate in Mexico.
has fueled rising rates of violent crimes such as kidnapping
and murder
, prompting a reemergence of capital punishment into the political discourse. The Ecologist Green Party of Mexico
(PVEM), now the fourth biggest political force in the country, is waging a campaign to promote restoration of the death penalty, including the use of billboards, as part of promotion of the party for the 2009 election for seats in Congress. There have been proposals to amend the 1917 Constitution
to allow capital punishment from both the PVEM and the Institutional Revolutionary Party
(PRI), but both were rejected.
Although recent surveys have revealed that up to 70% of the population support the restoration of the death penalty, it is unlikely that the constitution will be changed, as both religious and human rights groups have strongly opposed restoration.
, a treaty of the Organization of American States
, which stops the death penalty from being restored if eliminated. Mexico does not extradite to countries that are seeking the death penalty, and has successfully defended 400 of its citizens charged with a capital offence in the United States
. This has in the past led to American fugitives crossing the border into Mexico in order to avoid the death penalty.
In 2002, President
Vicente Fox
cancelled a trip to the United States
to meet US President
George W. Bush
, in protest of the then imminent execution of a Mexican national, Javier Suárez Medina, in the U.S. state of Texas. Medina had been convicted in 1989 for killing an undercover police officer in Dallas
. According to Mexican officials, Suárez was not informed about his right to consular access, and fourteen countries lobbied the United States Supreme Court on behalf of him.
In 2003 Mexico filed a complaint against the United States at the International Court of Justice
, alleging that the US had contravened the Vienna Convention
by not allowing 54 Mexicans sentenced to death to contact diplomatic officials.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
last non-military execution in Mexico was in 1937, and was officially abolished in 2005. Despite the existence of an abolitionist movement dating back to the 19th century, the popularity of the punishment has increased due to the increasingly violent drug war
Mexican Drug War
The Mexican Drug War is an ongoing armed conflict taking place among rival drug cartels who fight each other for regional control, and Mexican government forces who seek to combat drug trafficking. However, the government's principal goal has been to put down the drug-related violence that was...
.
History
Plan of Ayutla
The Plan of Ayutla was a plan aimed at removing Antonio López de Santa Anna as dictator of Mexico. Initially drafted on February 24, 1854, by Colonel Florencio Villarreal, it was proclaimed on March 1, 1854, in Ayutla, Guerrero...
, the 1857 constitution was drafted, which specifically outlawed the death penalty for political crimes, and allowed abolition for ordinary crimes in the future. Mexico's government at that time was quite unstable, and the express abolition of political crimes could have been linked to concern that the lawmakers themselves could become subject to the punishment if there was an uprising. Personal experiences too may have been a factor, as many Mexicans had experienced political repression. There was widespread condemnation of the death penalty in the media, and many Mexican literates were familiar with the work of Cesare, Marquis of Beccaria
Cesare, Marquis of Beccaria
Cesare, Marquis of Beccaria-Bonesana was an Italian jurist, philosopher and politician best known for his treatise On Crimes and Punishments , which condemned torture and the death penalty, and was a founding work in the field of penology.-Birth and education:Beccaria was born in Milan on March...
. Following the rule of Porfirio Díaz
Porfirio Díaz
José de la Cruz Porfirio Díaz Mori was a Mexican-American War volunteer and French intervention hero, an accomplished general and the President of Mexico continuously from 1876 to 1911, with the exception of a brief term in 1876 when he left Juan N...
, the death penalty article was amended in the reform which led to the current Constitution of Mexico
Constitution of Mexico
The Political Constitution of the United Mexican States is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constitutional convention, during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917...
.
The last non-military execution (of a soldier charged with insubordination and murder) was in 1961, so the official abolishments of military execution in 2005 and of military execution in 1976 lagged the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
cessations by 68 and 15 years, respectively.
Mexico is a majority Roman Catholic country, with 88% of the population identifying themselves as Roman Catholic. The Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
has made numerous statements criticizing capital punishment, and this may be a factor in the debate in Mexico.
Mexican Drug War
The Mexican Drug WarMexican Drug War
The Mexican Drug War is an ongoing armed conflict taking place among rival drug cartels who fight each other for regional control, and Mexican government forces who seek to combat drug trafficking. However, the government's principal goal has been to put down the drug-related violence that was...
has fueled rising rates of violent crimes such as kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, prompting a reemergence of capital punishment into the political discourse. The Ecologist Green Party of Mexico
Ecologist Green Party of Mexico
The Ecologist Green Party of Mexico is one of the six political parties to have representation in the Mexican Congress. The party's congressional strength currently stands at 17 deputies and five senators .-Elections 2000:...
(PVEM), now the fourth biggest political force in the country, is waging a campaign to promote restoration of the death penalty, including the use of billboards, as part of promotion of the party for the 2009 election for seats in Congress. There have been proposals to amend the 1917 Constitution
Constitution of Mexico
The Political Constitution of the United Mexican States is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constitutional convention, during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917...
to allow capital punishment from both the PVEM and the Institutional Revolutionary Party
Institutional Revolutionary Party
The Institutional Revolutionary Party is a Mexican political party that held power in the country—under a succession of names—for more than 70 years. The PRI is a member of the Socialist International, as is the rival Party of the Democratic Revolution , making Mexico one of the few...
(PRI), but both were rejected.
Although recent surveys have revealed that up to 70% of the population support the restoration of the death penalty, it is unlikely that the constitution will be changed, as both religious and human rights groups have strongly opposed restoration.
International relations
In 1981, Mexico signed the American Convention on Human RightsAmerican Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
, a treaty of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
, which stops the death penalty from being restored if eliminated. Mexico does not extradite to countries that are seeking the death penalty, and has successfully defended 400 of its citizens charged with a capital offence in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. This has in the past led to American fugitives crossing the border into Mexico in order to avoid the death penalty.
In 2002, President
President of Mexico
The President of the United Mexican States is the head of state and government of Mexico. Under the Constitution, the president is also the Supreme Commander of the Mexican armed forces...
Vicente Fox
Vicente Fox
Vicente Fox Quesada is a Mexican former politician who served as President of Mexico from 1 December 2000 to 30 November 2006 and currently serves as co-President of the Centrist Democrat International, an international organization of Christian democratic political parties.Fox was elected...
cancelled a trip to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to meet US President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, in protest of the then imminent execution of a Mexican national, Javier Suárez Medina, in the U.S. state of Texas. Medina had been convicted in 1989 for killing an undercover police officer in Dallas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
. According to Mexican officials, Suárez was not informed about his right to consular access, and fourteen countries lobbied the United States Supreme Court on behalf of him.
In 2003 Mexico filed a complaint against the United States at the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
, alleging that the US had contravened the Vienna Convention
Vienna Convention
Vienna Convention can mean any of a number of treaties signed in Vienna. Notable are:* several treaties and conventions resulted from the Congress of Vienna which redrew the map of Europe, only partially restoring the pre-Napoleonic situation, and drafted new rules for international relations*...
by not allowing 54 Mexicans sentenced to death to contact diplomatic officials.