In 2025, Mexico reached a staggering figure: more than 100,000 people imprisoned without having received a sentence.
This raises serious concerns about human rights, prison overcrowding, and the legitimacy of the country’s judicial system.
The Abuse of Pre-Trial Detention
Pre-trial detention was intended as an exceptional legal measure.
Yet in practice, it has become the rule rather than the exception.
Thousands of individuals accused of minor offenses spend years behind bars before a judge decides whether they are guilty or innocent.
Violation of the Presumption of Innocence
According to the National Human Rights Commission (CNDH), this widespread practice clearly violates the constitutional principle of presumption of innocence, as enshrined in Article 20 of the Political Constitution of the United Mexican States.
In many cases, detainees spend more time in pre-trial detention than the actual sentences they would have served if found guilty.
The Human Cost of a Slow Justice System
Judicial delay in Mexico is not merely an administrative failure — it is a human tragedy.
- Many inmates are first-time offenders accused of minor crimes.
- Families face severe financial and emotional crises while awaiting trial.
- Prison overcrowding exacerbates violence, extortion, and health risks in penitentiary facilities.
Take the case of Juan Pérez, who spent four years in pre-trial detention for a minor theft charge, only to be acquitted.
By the time he was released, he had lost his job, his family, and his mental stability.
The Principle of Presumption of Innocence
This fundamental right —recognized in the American Convention on Human Rights (Pact of San José)— states that every person must be presumed innocent until proven guilty.
The abuse of pre-trial detention directly undermines this right, turning the criminal process into a form of punishment without trial.
Judicial Bottlenecks and Systemic Failures
The Mexican judicial system suffers from a longstanding judicial crisis marked by:
- A chronic shortage of judges and public defenders.
- Administrative delays in the submission of evidence.
- Corruption cases that impede due process.
Data from the Federal Judiciary Council shows that more than 60% of criminal cases remain open for over two years without resolution.
Impact on Mental Health
The psychological consequences for inmates awaiting trial are often devastating — anxiety, depression, loss of identity, and, in extreme cases, suicide attempts.
Their families likewise endure trauma, stigmatization, and emotional instability.
Community Impact
Communities surrounding penitentiaries also suffer economic strain and social isolation, perpetuating cycles of poverty and distrust in institutions.
International Comparison
Other Latin American nations have taken active measures to reduce pre-trial detention:
- Chile imposes a maximum of six months for pre-trial detention.
- Colombia requires judicial reviews every three months.
In contrast, Mexico still averages 2 to 5 years of detention without sentencing — a direct violation of international human rights standards.
Voices of the Victims
“I Lost Five Years Waiting for Justice”
“They accused me of a crime I didn’t commit. I spent five years in prison before being declared innocent.When I got out, my son barely recognized me.”
— Testimony collected by a defense rights collective, 2025.
Such stories expose how pre-trial detention destroys lives even before justice is served.
Proposals for Criminal Reform
In 2025, the Mexican Congress is debating a criminal justice reform aimed at limiting the use of mandatory pre-trial detention (prisión preventiva oficiosa).
Key reform proposals include:
- Mandatory biannual judicial reviews for all pre-trial detentions.
- Alternative measures such as bail, house arrest, and electronic monitoring.
- Expanding the number of judges and public defenders to reduce delays.
However, political resistance remains strong.
Opponents argue that these reforms could hinder the fight against organized crime.
International Perspective
The United Nations Office of the High Commissioner for Human Rights (OHCHR) has repeatedly warned that Mexico’s reliance on pre-trial detention violates international commitments and creates a humanitarian crisis in its prisons.
Failure to reform could expose Mexico to international sanctions for breaching human rights obligations and failing to ensure fair trial standards.
Conclusion
Keeping over 100,000 people imprisoned without a sentence is not justice — it is punishment without trial.
A criminal justice reform would not weaken law enforcement; it would restore human dignity and constitutional order.
If the presumption of innocence has any value at all, no nation should imprison 100,000 people without trial.