Indult, Amnesty and Forgiveness in Mexico

Abstract

The purpose of this text is to examine the adjustment of indult and amnesty to the rule of law model, in the Mexican case. To this end, it is argued that the duty to justify the correctness of the decision is essencial, as well as its integration into a broader process of forgiveness involving the parties to the conflict in question. First, the features of indult and amnesty are outlined in order to reflect on their legal particularities in Mexico. Second, the implications of the waiving the power to punish in these cases are highlighted, with the purpose of identifying some of the features that make these institutions so controversial. Third, the issue of forgiveness is discussed, emphasizing why the mere act of indult or the act of issuing an amnesty law cannot, by itself, be identified with forgiveness. Finally, it evaluates the use of both institutions in Mexico, criticizing, especially, the weakening of the guarantee of justification.