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Jalisco overhauls law and order system

Before taking over the reins as governor of Jalisco on March 1, Aristotoles Sandoval began spouting fresh ideas for restructuring the state government. Innovations in public administration that include the creation, elimination and fusion of various agencies are now well under way, with the deepest changes noted in branches related to law and order.

With reforms to the state’s constitution that were pushed through the legislature just days before his inauguration, Sandoval kicked off his administration with a top-to-bottom overhaul of the public security and criminal justice system.  

At the top of the organizational pyramid is the newly created Fiscalia General, a super-agency headed by the State Attorney General that incorporates the previously autonomous Secretaria de Seguridad Publica (Public Security Ministry or SSPJ) and the Procuraduria General de Justicia (Department of Justice or PGJE).

Man in charge

Sandoval named former SSPJ chief Luis Carlos Najera as provisional head the Fiscalia General, making the appointment permanent on March 21 after the state congress approved a fast-track constitutional amendment  to correct a minor clause that would have made him illegible for the job.

The sole high-ranking public official held over from the previous administration, Najera came into the position with an impressive curriculum vitae. He earned a law degree at the Universidad Autonoma de Guadalajara, a Master’s in constitutional law from the Universidad de Guadalajara and post-graduate diplomas in clinical criminology and criminal and forensic psychology. In a long and distinguished career in law enforcement, he rose up from the ranks of line officer to take on top command police posts in Guadalajara and Zapopan.

Structure

As attorney general, Najera’s overall field of responsibility encompasses implementation of crime prevention policy, intelligence gathering, investigation and prosecution of crimes, remand for detention and penal action, imprisonment and social rehabilitation.

Under the concept of Mando Unico (Single Command), the Fiscalia General is designed to oversee police and public safety forces statewide, bringing operations of state law enforcement officers, state traffic police and civil protection manpower under the same umbrella, supervised by the Comisionado de Seguridad Publica (Public Security Commissioner).

Though still in its draft stages, the Single Command blueprint contemplates tapping municipal police departments to boost state forces for staffing a metro area command post and 19 regional substations with the mostly highly qualified officers for combating high-impact crime. Municipal police forces will be scaled down, concentrating on misdemeanors and local ordinances infractions. The scheme has met with general approval by all of Jalisco’s 125 mayors.

A sub-agency called the Fiscalia Central has replaced the PGJE, assuming its investigative and prosecutorial duties, with specialized units for crimes such as intentional homicide, kidnapping, extortion, auto and transport theft and small-scale drug dealing, as well cases involving corruption, illegal enrichment, human trafficking and crimes against women.

Other offices have been established to handle human and victim’s rights, social reintegration and regional management.

Critics of the new system worry that it concentrates too much power in the hands of the Fiscalia General, limiting prospects for independent oversight and enhancing the potential for authoritarianism. The governor argues that its vertical chain of responsibility will propitiate greater coordination and efficacy in suppressing criminal activity, prosecuting and punishing those who break the law and securing justice for victims. 

Public opinion generally credits Najera with a good track record in police work during his stint at the SSPJ. It remains to be seen whether or not he will manage to patch up the deep cracks in the state’s less than stellar judicial sector.

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