Only Ten Defense Attorneys in Mexico Speak an Indigenous Language Jesus Aranda - La Jornada
go to original February 1, 2013

The first chamber of the Supreme Court of Justice of the Nation (SCJN) approved criteria aimed at guaranteeing to the country's indigenous people their right to equal access to justice, taking into account their 'uses and customs', social and economic circumstances, and general state of vulnerability. However, the top court's good intentions clashed with a stark reality: the Federal Institute of Public Defender (IFDP) has only ten defenders "certified'' in indigenous languages.

This reality was reflected in the five amparos [protective orders, injunctions] that the justices handed down, in which they approved criteria on the subject of justice for indigenous people. [The justices ruled] after asking the IFDP [Federal Institute for Public Defenders] for a report on the number of defenders who meet the requirements established in the Constitution for defense of indigenous people.

The IFDP's report to the Supreme Court indicated that ten federal public defenders support indigenous people subject to criminal proceedings. The reported noted that the ten defenders are certified in the Chinanteca, Maya, Purépecha, Rarámuri , Tzeltal, Tzotzil, Triqui, Yaqui and Zapotec languages.

A Complex Task

In the report, the institute itself acknowledges that it has so far been unable to "find speakers of all languages that are in each state.'' It adds that "the task of constructing a reliable base of legal professionals certified in indigenous languages and culture is a bit complex.'' The ideal is that the public defender speak the native language and know the customs of their clients.

In its official catalogue, The National Institute of Indigenous Languages notes that there are sixty-eight linguistic groups in the country and three hundred sixty-five linguistic variants (although the document clarifies that each one should be treated as a distinct language).

Last Wednesday, justices of the first chamber resolved five legal actions [amparos] filed by indigenous defendants in Guerrero and Chiapas (sentenced for drug crimes, murder and attempted rape), which granted amparo para efecto, which dictates a new sentence, because of violation of the defendants' right to due process. This violation included failure to comply with Article Two of the Constitution, which establishes that indigenous [defendants] must be able to rely on an interpreter for their proper defense.

See Spanish original

Posted by Jane Brundage at Mexico Voices

We invite you to add your charity or supporting organizations' news stories and coming events to PVAngels so we can share them with the world. Do it now!