Wall Street Journal Cites Justice Initiative Research in Examining Pretrial Detention in Mexico

A recent Wall Street Journal article looks at Mexico's overreliance on pretrial detention, among other problems plaguing the country's criminal justice system. The article, "Presumption of Guilt," highlights many of the issues—including the refusal to grant bail for those accused of "grave" crimes—that the Open Society Justice Initiative has been working to reform for several years through a project on pretrial detention.

The Journal article tells the story of Antonio Zuniga, a Mexico City street vendor wrongly convicted and sentenced to 20 years in prison for the shooting death of a gang member. Despite dozens of witnesses who testified to seeing Zuniga working at his kiosk at the time of the shooting, forensic tests that showed he had not fired a gun, and the recanting of the sole identification witness, Zuniga was convicted at trial—and again at a retrial. The very fact that he was in jail was used as evidence of Zuniga's guilt. When defense lawyers demanded to know what evidence the police had against their client, the lead detective said, "He's here (in prison), right? He must have done something."

Zuniga was eventually freed, but only through the intercession of lawyers turned filmmakers whose film of the proceedings became a well-publicized documentary—and only after spending three years in prison. The film of Zuniga's ordeal, Presumed Guilty, was recently screened at the Toronto Film Festival.

The Journal story cites Justice Initiative findings on the costs of pretrial detention in Mexico and quotes a Justice Initiative researcher on the impact ineffective and corrupt law enforcement has had on Mexico's crime victims, who overwhelmingly decline to report even serious crimes. According to a Justice Initiative report cited in the article, 42 percent of all those in Mexico's prisons—approximately 90,000 people—are waiting for a trial. This number is close to double what it was a decade ago.

The Justice Initiative seeks to reduce and rationalize the use of pretrial detention by documenting the problem and piloting alternatives in partnership with governments. Pretrial detention in Mexico is routinely used against defendants charged with minor crimes, who have no history of prior crimes, and who pose no risk of flight. Studies show that these defendants receive higher sentences, lose contact with their families and communities, and are at higher risk of contacting serious illnesses while in prison.