Mexico Grants Presidential Amnesty Powers for Serious Crimes, Sparking Debate and Opposition

In a significant legal development, Mexico has enacted a decree empowering the President to grant direct amnesty for serious crimes, a move that has sparked considerable debate. The decree, published on [June 14, 2024](https://www.jurist.org/news/2024/06/mexico-publishes-decree-allowing-president-to-grant-direct-amnesty-for-serious-crimes/), inserts a new Article 9 into the country’s Amnesty Law. This article grants the president exclusive authority to dismiss sentences and halt criminal proceedings in cases deemed “relevant to the Mexican State,” overriding existing legal restrictions.

As per the newly added Article 9, two conditions must be met for the amnesty to be granted: first, the individuals must provide verifiable information that aids in uncovering the truth in cases of national interest; second, criminal prosecution against these individuals must already be in progress. The amnesty will nullify any ongoing criminal actions and sanctions against the accused.

This update directly impacts the original [2020 Amnesty Law](https://www.diputados.gob.mx/LeyesBiblio/pdf/LAmn_220420.pdf), which delineated the boundaries for amnesty, notably excluding crimes against life and bodily integrity, kidnapping involving firearms, and other federal offenses listed under Article 19 of the [Constitution](https://www.diputados.gob.mx/LeyesBiblio/pdf/CPEUM.pdf). In contrast, Article 9 overrides these limitations when the president deems the case relevant to the state’s interests.

The amendments to the Amnesty Law were passed by Mexico’s Senate in April 2024, achieving 67 votes in favor and 32 against, before moving to the Chamber of Deputies, where it was approved by a vote of 258-205, with one abstention. Its proponents, like Justice Committee Chair Olga Sánchez Cordero, emphasize the reform’s potential to address “unaltered wounds” by uncovering historical truths in stalled justice cases. Morena party leader Ricardo Monreal articulates that the reform aims to shed light on significant events such as the [Ayotzinapa](https://apnews.com/article/ayotzinapa-obrador-march-dissapearing-protest-guerrero-411f9f467a22080095c0ae301586904c) and [Tlatlaya](https://www.wola.org/2015/07/in-mexicos-tlatlaya-massacre-soldiers-were-ordered-to-take-them-out/) incidents.

Mexican President Andrés Manuel López Obrador has expressed that this law could aid in resolving major unresolved cases like the disappearance of the Ayotzinapa students. He believes it serves as a mechanism to uphold his administration’s commitment to uncovering the truth and delivering justice in these cases.

However, the decree has faced considerable opposition. The Mexico City Human Rights Commission has argued that the reform [lacks](https://cdhcm.org.mx/wp-content/uploads/2024/04/Bol-47.pdf) specific limits on eligible crimes, potentially allowing for overly broad application. Opposition senator Patricia Mercado of the Citizen’s Movement party criticized the lack of comprehensive conditions essential for truth-seeking initiatives—such as demands for disarmament, non-repetition, victim reparations, and educational efforts—as outlined in frameworks like [Colombia’s Peace Accords](https://www.cancilleria.gov.co/sites/default/files/cartillaabcdelacuerdofinal2.pdf).