47
that “judges opt for the precautionary measure that places the heaviest burden on the
right to liberty during prosecution, in order to demonstrate efficiency and avoid
158
complaints from society, the news media, and the political sector itself.” On a similar
note, after meeting with judges from several different levels of the judiciary during its
2006 visit to Ecuador, the WGAD reached the conclusion that:
[T]hey apparently do not enjoy the required independence to ensure
the protection of detainees’ rights and to resist pressure, in particular
pressure brought to bear by political parties and the media. Some
even expressed fear that they would be transferred, overruled,
dismissed or even subject to criminal prosecution if politicians,
reporters, the police authorities or prosecutors disagreed with their
159
decisions.
Also under the umbrella of the United Nations, the Report of the Latin American and
Caribbean High Level Expert Group Meeting on the Standard Minimum Rules for the
Treatment of Prisoners acknowledged the intense influence that public opinion has in
bringing pressure to bear on judicial authorities for “imposing pre-trial detention in
160
anticipation of conviction.” Similarly, the Special Rapporteur on Torture noted how
media pressure can be a factor that influences the securing of confessions by the
161
police.
110.
As an example of this kind of pressure on the Judiciary from senior
public officials in other branches of the government, in Mexico, the previous President
had the habit of publicly criticizing the judges in certain high-profile cases. In his
declarations, the President equated the action of state and federal judges of releasing
people arrested by federal authorities with “impunity,” deliberately ignoring the fact
that those judicial orders did not represent the final decisions in the proceedings. The
head of the executive branch went as far as to say publicly: “I have nothing against
judges; I respect them, but one gets tired… There is a problem there with impunity; they
158
IACHR, Press Release 64/10 – IACHR Rapporteurship Confirms Grave Detention Conditions in
Buenos
Aires
Province,
Washington,
D.C.,
June
21,
2010,
available
at:
http://www.cidh.oas.org/Comunicados/English/2010/64-10eng.htm. In connection with this, speaking of the
pressure brought to bear on criminal judges, Argentine Supreme Court Justice Eugenio Raúl Zaffaroni made
the following public statement: “Today, any judge who releases a person from prison is afraid. There is a
bureaucratic preference that can lead to the idea that these matters are better handed by the Chamber”
(court of criminal cassation). He also underscored the risk posed by “the media and irresponsible politicians
attempting
to
stigmatize
judges.”
Interview
available
in
Spanish
at:
http://www.puntojus.com/index.php?option=com_content&view=article&id=2678:zaffaroni-hoy-en-diacualquier-juez-que-excarcela-a-una-persona-tiene-miedo&catid=236:seccion-justicia.
159
UN, Working Group on Arbitrary Detention, Report on Mission to Ecuador, A/HRC/4/40/Add.2,
published October 26, 2006, para. 80.
160
UNODC, Report on the High Level Expert Group Meeting on the United Nations Standard
Minimum Rules for the treatment of prisoners, held August 3 to 5, 2011, in Santo Domingo, Dominican
Republic, para. 14.
161
UN, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Interim Report, A/64/215, published August 3, 2009, para. 41.
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