Mexico's Supreme Court of Justice on Thursday declared constitutional a referendum to prosecute former presidents.
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"The spirit of the consultation is to channel public opinion, without intermediaries," said the Court's president Arturo Zaldívar as the debate unfolded, and the referendum was approved with eight votes in favor.
On the other hand, the official statement points out that the decision “is aimed, more broadly, at consulting the public about the possibility of undertaking a process of clarification of the political decisions made in past years, to guarantee justice and the rights of victims."
Moreover, the Supreme Court decided to reformulate the question that initially appeared in the text submitted by President Andrés Manuel López Obrador by removing the names of the five former presidents that would be investigated.
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En votación 8-3 la #SCJN reformuló la pregunta a revisión en la consulta popular 1/2020, para que se consulte a la ciudadanía sobre el esclarecimiento de las decisiones políticas del pasado para garantizar justicia y #DDHH de las víctimas. pic.twitter.com/Sfg4ebokUb
— Suprema Corte (@SCJN) October 2, 2020
"In an 8-3 vote, the #SCJN reformulated the question for review in the popular consultation 1/2020, so that the public is consulted on the clarification of the political decisions of the past to guarantee justice and #DDHH of the victims."
Do you agree or disagree with the competent authorities, in compliance with applicable laws and procedures, investigating, and where appropriate, sanctioning, the alleged commission of crimes by former Presidents Carlos Salinas de Gortari, Ernesto Zedillo Ponce de León, Vicente Fox Quesada, Felipe Calderón Hinojosa and Enrique Peña Nieto before, during and after their respective administrations?" it was asked in the original text.
however, the amended question asks, “do you agree or not that pertinent actions should be carried out, by the constitutional and legal framework, to undertake a process of clarification of the political decisions taken in years past by political actors, aimed at guaranteeing justice and the rights of possible victims?"
Following today´s decision, the referendum should take place in August 2021. However, López Obrador has pointed out that he would answer in the ballot that he disagrees and disapproves of the idea of "revenge against his predecessors," and he "does not want to be an executioner."
On September 14, Mexico´s president had said that he would take the petition to the Union Congress. The required amount of signatures in the established deadline were not collected.