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Of Obsessions and its Consequences

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Federico Reyes Heroles

It had to happen. Six years of defamation and destruction of institutions -explicit purpose- could not remain in history without consequences.

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There is everything in the remains of the hurricane, from the moral disappearance of the National Human Rights Commission (CNDH) to the failure of the Federal Civil Aviation Agency. And what can we say about the national health system and the supply of medicines? The lag of medications available in Mexico compared to world production is brutal. Birmex was another victim. The “largest in the world” -with 50 platforms- paralyzed, dead. The so-called food sovereignty is shipwrecked. Food prices have once again risen above inflation. And what can we say about violence: north, south, east, and west? The Civil Guard – now officially in the hands of the Army – does not seem to be able to contend with the thousand-headed monster of organized crime. As a garnish, the irruption of three new cartels in the criminal map.

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But there is more: 270,000 jobs were lost in September, and fear among investors. See the recent World Bank report on the risks of investing in Mexico. A significantly damaged relationship with Spain, the United States, and a dozen other countries. Add to this the cudgels towards multilateral organizations. But, of course, the changeover was coming, and a little hope appeared on the horizon. One month is not enough time to evaluate results and changes in reality, but it is enough to observe symbolic signs. Demanding that the Spanish monarchy ask for forgiveness has received support. Living in the Palace -incidentally, initially built by Cortes- did not deserve any reflection. Continuing with the mañanera conference, knowing the announced risk of being unable to fill the predecessor’s space, did not change course either. It was remarkable to see the Attorney General of the Republic as part of the Executive’s work team, the same Attorney General who announced the investigation of judges who dared to file appeals against the judicial reform. A prosecutor is persecuting and intimidating judges. What a Republic!

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Not satisfied with their destructive march, they continue with another obsession: to disappear the National Institute of Access to Information (INAI). The right of access to information has a very remote reference in the Swedish Constitution: 1776. However, it gained momentum in the second half of the 20th century as an extension of individual rights. The FOIA, Freedom of Information Act of the United States of 1967, gave impetus to the new citizen’s rights. In Mexico, it was enshrined in Article Six of the Constitution in 1977. However, the secondary law and mandate for creating local institutes were only achieved at the beginning of President Fox’s administration. The benefits are multiple: a new independent control of government spending, local and federal. The application of the old principle that one cannot be both judge and party. The public expenditure legitimization endorsed by an independent observer and the emergence of a citizen culture of transparency are already installed in our country today. Now, leaping back to the past half a century ago, the administration proposes to monitor itself! And those are the Democrats.

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But all of the above is peccata minuta in the face of the obsession to destroy the Judicial Branch. The same day that Pemex’s 100 billion-dollar debt was made public, the President was furious with the “huge amount” of the ministers’ retirement bonuses. Assuming that they would live 100 years, this acquired right would be erased in hours by the interest on Pemex’s debt. What a total lack of proportions, what an absurd hatred. The constitutional crisis is already here. The contempt for the different pronouncements of judges and magistrates shows it. Justice Esquivel herself warns that this will be the way forward.

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The obsession created a constitutional crisis that we have never had before. But how will we get out of it? A State without independence of the Judiciary is a fallacy, a deception. Suggestions are welcome.

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