CASE OF JAVIER DUARTE EX GOVERNOR STATE OF VERACRUZ MEXICO

The case of Javier Duarte is symbolic for many reasons. Among other things,
because it represents the most sordid and rotten of our political system. It is
the emblem of corruption and a way of doing politics that has done a lot of
damage to Mexico. Perhaps with justification, the vast majority of society
showed a huge indignation and rejection of the sentence that in recent days
imposed a penalty of 9 years in prison and a fine of close to 60 thousand
pesos. The public feeling is of stoning and gallows, of torches in the public
squares, because Duarte and the crimes of which he is accused, mean more
than Duarte himself. Today it is the banner of crime, insecurity, corruption
that kills and impunity.

And in effect, Duarte is everything that we want to get rid of and what we
want to stop being. Seen this way, the sentence seems to be totally
disproportionate to what has been publicly incriminated: diversion of public
resources for $ 60 billion pesos, forced disappearances of people and
kidnappings, including supplanting medicines for children with cancer and
replacing them with water . In addition, it is the center of accusations of
illegal electoral financing operations, such as the so-called "master scam".
Faced with such a scenario, without a contextual and objective analysis, it is
clear that the sentence of 9 years in prison is at least ridiculous, it seems a
mockery.

However, we can not lose sight of the fact that in a constitutional State of law
any accused or accused, including Javier Duarte, fortunately, has the right to
the presumption of innocence, to defend himself and, above all, to due
process, which, among many other things, implies be judged solely and
exclusively by the facts that are presented in the criminal case by the
prosecuting prosecutor. Thus, only in the event that his guilt is proven in the
facts that are imputed to him, beyond any reasonable doubt, then he is
declared guilty and condemned.
This case has three main causes of analysis: legal, political and social.
Regarding the latter, as we said, it is justified and understandable that people
feel aggrieved in front of Duarte, but the primal sustenance of justice is not
in democracy, that is, in the majority's opinion, but rather its legitimacy (
although indirectly democratic) is in compliance with the laws of procedure
and human rights. In short, to the constitution. Under that parameter should
be analyzed the case of Javier Duarte and the sentence handed down on
September 26.

The figure of anticipated termination of a criminal procedure is foreseen in

article 20 of the constitution and has two essential components. On the one
hand, the recognition of the responsibility of the accused in the commission
of the offense and the granting, as a result, of benefits in their favor in the
terms provided by law. It is a form of resolution of the criminal process, in
which given the recognition of the accused in the facts that are imputed to
him, it is not necessary to hold the oral trial hearing before the trial court for
the relief of the proposed means of proof. by the parties, but a control judge
resolves the case in advance based on the evidence presented by the
prosecution (is the reference to the content of a certain means of conviction
not yet relieved before the court, which is deemed appropriate and relevant
to establish reasonably the existence of a criminal act and the probable
participation of the accused).

When Javier Duarte came to power in 2010, the finances of Veracruz were, as
we saw, in a very delicate state. Six years later, the financial panorama of the
state is bleak: during the six years of Duarte's term, the debt went from
17.971 billion pesos from Herrera's government to 45.880 billion pesos in
2016. This is not including other debts: in total, when considering the
outstanding payments of contractors, services and liabilities to suppliers,
the total debt could exceed 150 billion pesos.

The consequences of this financial irresponsibility will be felt for years:

Duarte acquired loans leaving as guarantee the federal shares of the next
thirty years. So far, there are already repercussions in the municipalities.
Since the end of October of this year, several mayors of entities in Veracruz
took the Government Palace to demand the payment of state debts that
would serve to pay the payroll and the building operation. That means that
municipalities can not pay for garbage collection, lighting or the salary of the
police: the government of Duarte left a debt of 3 thousand 300 million pesos
in resources labeled by the Ministry of Finance for municipalities.

In parallel, the poverty rates of the state have stagnated. According to

CONEVAL figures, in 2010, 57% of the population lived in poverty. By 2014,
the percentage had increased to 58%. And these figures have not improved:
between 2010 and 2015, labor poverty went from 48.5% to 52% of the state's
population.

As for industrial activities, the picture is not much better. The government of
Duarte, like any incoming government, promised in 2010 to reactivate the
state's infrastructure and the activity of the construction sector through
public works. There were promises of 410 kilometers of roads, a submerged
tunnel in Coatzacoalcos, the Buena Vista distributor in the municipality of
Ixtaczoquitlán (work that Fidel Herrera also promised and which is still
incomplete), a modern airport and four industrial parks that would create400.
000 jobs. However, the current scenario is very different.

Exports fell from 30.2% in 2011 to -3.3% in 2014. The growth of oil activity
was 87% in 2010 and went to -16% in 2014, and that - it should be noted - has
nothing to do with the reform energy, but with lack of encouragement to the
economic activities linked to oil activity by the state government, lack of
infrastructure or investment, conditions ... In addition, the construction
sector has fallen 3.9% annual average.

In Mexico use the social network network that aims to connect citizens and
politicians. With a free Kiubo mobile app, this platform aims to serve as a
bridge between both actors so that the former know their representatives
and evaluate them, while the latter "presume" their work and their
achievements. Kiubo Mexico's mission is "to allow Mexicans to know who
their politicians are, because many complain but there are few who actively
participate." This initiative also aims to "allow communication and
expression of the needs of society so that they influence the legislative and
executive agendas of the country." How could a social network like this stop
Duarte? By allowing to qualify and denounce, both publicly and
anonymously, the work of the former governor, as well as requiring the then
official to make known his declaration # 3of3.

Assuming and encouraging sensitivity towards fraud and corruption,

becoming aware of the damage they cause and the importance of eliminating
these practices. Political parties often use corruption as a weapon against
their adversaries, but the public reaction against corruption is still too weak.
Promoting social sensitivity means sharpening the sense of responsibility
for public money, both in its collection and distribution. Responsibility that
extends to the moral duty to pay taxes and to the concern for the good use of
the collected funds.

Promoting transparency in institutions, especially in political parties and

public institutions. When the accounts are clear and understandable and
made known, the risk of doing things or acting with favoritism diminishes, if
not more, because of the risk of discovery.

Implementing dissuasive measures of corrupt behavior. Together with

transparency, they can help to deter corrupt acts, demanding laws, well-
prepared and enforced codes of conduct, and adequate means of
surveillance and control, including recordings known to all.

Achieving greater efficiency in the administration of justice and in the

performance of other public powers. It is not enough to have laws, but they
must be enforced. The fight against corruption requires well-planned
inspections and a determined performance of inspections or of the
prosecution and even creating specific prosecutorial offices, as has already
been done in various places. Justice, in addition to responding to his name,
which comes first, has to be fast and efficient.

Eliminating structures or policies that encourage corruption. This is what

happens with poor regulation of the financing of political parties, which can
encourage irregular financing alternatives. Also with unclear subsidies or
lack of effective control, which favor bribes.

Increasing social control over institutions. They can do institutions with

specific observatories, the media, or specific agencies. This control requires
avoiding conflicts of interest, and in particular that the controller has
interests over who controls it.

References

Corruption in Mexico. https://www.nytimes.com/es/tag/corrupcion-en-mexico/

Aristegui Javier duarte case. https://aristeguinoticias.com/tag/javier-duarte/

Televisa News https://noticieros.televisa.com/videos/actos-de-corrupcion-se-

cometieron-en-nombre-de-javier-duarte-dice-su-abogado/