Juan Antonio Vera Carrizal (Photo: [email protected])
Lilly Téllez, senator for the National Action Party (PAN), announced that the first initiative that she will present in the next regular session (which begins on Wednesday, February 1) will be the elimination of informal preventive detention and detention as a precautionary measure. during criminal proceedings, at least, that’s how he announced it on his social networks.
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Through a publication that she made on her official Twitter account, the federal legislator announced this Monday, January 30, that she will seek to eliminate these legal figures from the Political Constitution of the United Mexican States (CPEUM), since they are violations of human rights. and, at the same time, they feed ineptitude in the authorities.
“The first initiative that I will present in the next period of sessions is to eliminate from the Constitution the arraigo and informal preventive detention, figures that violate human rights and promote the ineptitude of the Prosecutor’s Offices. The presumption of innocence must be protected.”
The first initiative that I will present in the next period of sessions is to eliminate from the Constitution the arraigo and informal preventive detention, figures that violate human rights and promote the ineptitude of the Prosecutor’s Offices.
The presumption of innocence must be protected.
— Lilly Tellez (@LillyTellez) January 30, 2023
And it is that Article 19 of the Constitution specifies that no detention should last more than 72 hours, so the authority must proceed with precautionary measures to guarantee the judicial process against any accused, in such a way that it opens the possibility to pretrial detention as an alternative; however, it must be applied under some specific characteristics.
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In this sense, the Magna Carta is very clear when specifying that this precautionary measure will be applied if the accused is being investigated for a particular crime, for which, it enabled a catalog of crimes in which there is a probability of responsibility in them, preventive detention is applied immediately. In addition to this, the judge is obliged to assess the context of said event to determine if said measure is applied or not, this after the request of the Public Ministry (MP) and the argumentation that supports it.
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In relation to the context, the CPEUM specifies that the MP may request pretrial detention from the judge when “other precautionary measures are not sufficient to guarantee the appearance of the accused at trial, the development of the investigation, the protection of the victim, of the witnesses or from the community, as well as when the accused is being prosecuted or has been previously sentenced for the commission of an intentional crime”.
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The catalog of crimes is: sexual abuse or violence against minors, organized crime, intentional homicide, femicide, rape, kidnapping, human trafficking, house robbery, use of social programs for electoral purposes, corruption in the case of crimes of illicit enrichment and abusive exercise of functions, theft of cargo transport in any of its modalities, crimes related to hydrocarbons, oil or petrochemicals, crimes related to forced disappearance of persons and disappearances committed by individuals, crimes committed with violent means such as weapons and explosives , crimes related to firearms and explosives for the exclusive use of the Army, Navy and Air Force, as well as serious crimes determined by law against the security of the nation, the free development of personality, and health.
However, in recent months the elimination of this precautionary measure or, at least, a cut to the crimes in which it is applied unofficially, has been put on the agenda, this with the purpose of respecting human rights, promote a judicial agenda that ponders the presumption of innocence and that reduces prison overcrowding, since in Mexico it is estimated that close to 40% of prisoners do not have a sentence.
Lilly Téllez will seek to defend the presumption of innocence (Photo: Cuartoscuro)
In addition to this, emblematic cases of alleged political persecution in Veracruz made it clear that this measure is an violation of human rights; In addition, the implementation of house arrest against Juan Antonio Vera Carrizal, the alleged mastermind of the acid attack against the saxophonist María Elena Ríos in 2019, made society pay attention to the fact that the existence of informal preventive detention in the Constitution is not a guarantee that, in the event of an attack, the alleged attacker will remain in prison.
On the one hand, in Veracruz, informal preventive detention was systematically implemented against those people who are investigated for the crime of “insulting authority”, which sparked numerous criticisms against Governor Cuitláhuac García. In addition, the case against José Manuel del Río Virgen for allegedly having committed the crime of intentional homicide, also pointed out the ineffectiveness of said measure.
Contrastingly, the control judge Teódulo Pacheco Pacheco ordered house arrest to an alleged aggressor with acid as a precautionary measure, which corrupts the ultimate goal of this type of investigation, which is to bring justice to the victim, for what it is in this context , where Téllez García could bet on justified preventive detention as a precautionary measure instead of the judges applying it unofficially.
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