Mexico’s government added an article to its Amnesty law in a decree on Friday allowing the head of the Executive Branch to commute sentences and halt criminal proceedings in cases deemed “relevant to the Mexican State,” regardless of the severity of the crime.

The new Article 9 states the country’s president has exclusive authority to grant amnesty directly, without following established procedures, in specific cases meeting two conditions. The first is that amnesty is granted to individuals providing verifiable information useful for uncovering the truth in cases relevant to Mexico, and the second is criminal prosecution has already been initiated against the person. Amnesties granted under this article extinguish any pending criminal actions and sanctions.

Importantly, Article 9 specifies that in cases of presidential amnesties related to proceedings relevant to Mexico, the exceptions outlined in Article 2 of the original 2020 Amnesty Law do not apply. Article 2 prohibited amnesty for crimes against life or bodily integrity, kidnapping cases involving firearms, those indicted under Article 19 of the Constitution, and other serious federal offenses.

The original 2020 Amnesty Law aimed to release prisoners processed or definitively sentenced for non-serious, non-repeat offenses like abortion, minor drug possession, poverty-driven theft, or due process violations against indigenous language speakers. However, in April 2024, Mexico’s Senate approved the bill allowing the head of the Federal Executive to directly grant amnesty benefits, with 67 votes in favor and 32 against. The bill was then sent to the Chamber of Deputies, where it was later approved by a vote of 258-205, with one abstention. According to Justice Committee Chair Olga Sánchez Cordero, the aim is ensuring the right to truth in nationally transcendent matters, as “the Mexican nation has unhealed wounds, so extraordinary measures are needed to redress rights violations by the State in cases where justice has stalled.” In that sense, Morena party leader Ricardo Monreal stated the reform seeks to clarify historical truths around collective killings like those in Ayotzinapa and Tlatlaya.

On the matter, Mexican President Andrés Manuel López Obrador has stated that amendments to the Amnesty Law may contribute to uncovering the truth about major unresolved cases like the disappearance of the 43 Ayotzinapa students in September 2014. Resolving this case was a commitment López Obrador made to Mexican citizens both while running for president and after assuming office in December 2018.

However, the Amnesty Law reform has also faced strong criticism. For instance, Mexico City’s Human Rights Commission argues it lacks limits on which crimes qualify, leaving a dangerously vague opening for amnesty in any case the president deems “relevant” for uncovering information. Opposition senator Patricia Mercado of the Citizen’s Movement party also rejected the notion it will aid truth-seeking, as it lacks conditions like disarmament, non-repetition, victim reparations, and education requirements used in amnesty efforts like Colombia’s Peace Accords.