The Secretary of the Interior, Adán Augusto López, alleged that the determination of the Co IDH was nonsense (@EliudTapia)
Adán Augusto López, head of the Ministry of the Interior (Segob), opposed and described the sentence of the Inter-American Court of Human Rights (IDH Court) in which the Mexican Government had to eliminate the figure of arraigo as nonsense and a lack of respect .
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Almost half of the prisoners in Mexico have not been sentenced, for which reason the senator for the PAN maintained that this precautionary measure promotes incompetence in the prosecutor’s offices
Said sentence was issued on January 26 on the occasion of the Tzompaxtle Tecpile case, in which ex-guerrilla Jorge Marcial Tzompaxtle Tecpile along with two other people were apprehended in 2006. During the process, the International Court determined, their human rights were violated through of the figure of the pre-procedural arraigo and that of preventive detention.
For this reason, they ordered the government to eliminate the arraigo and to modify the legal system on preventive detention. And since these are found in the constitution, the Morenista official assured that no power was located above the Mexican state or its constitution.
“It is a nonsense of the Inter-American Court to put itself above the constitution and disrespect the Mexican state, nor can there be any power above the Mexican state, which is, among other things, the guarantor that there is stability, social economic policy”
I thank my friend, the governor of Tlaxcala, Lorena Cuellar, for her participation in the citizen dialogue on electoral reform and governance in Mexico. pic.twitter.com/VF1349IigX
— Adam August Lopez H (@adan_augusto) February 4, 2023
These statements were made on Friday during a press conference as part of a working visit to the state of Tlaxcala, where to support his position he recalled the debate that took place in the Supreme Court of Justice of the Nation (SCJN) during November 2022.
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Since on that occasion, the Highest Court discussed the constitutionality of the unofficial pretrial detention, but due to lack of votes it was declared in force with a few modifications: it would not apply to defendants for crimes related to tax evasion.
However, he recalled that at that time it was prefigured that the Inter-American Court would order the elimination of the precautionary measure, for which reason the constitution had to be modified.
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“And there can be no court that, no matter how inter-American it may be, commits, as I told you, that nonsense of forcing the Mexican state to modify the constitution,” said the Secretary of the Interior.
In the SCJN the legality of the informal preventive detention (special) was discussed
Therefore, he concluded by adding that the Court should respect Mexican laws and should not establish any supra-power positioned above the rule of law.
“There must also be respect for our supreme laws on the part of the international Courts (…) We do not agree and we do not accept that there is a supra power above the rule of law”
Preventive detention is a precautionary measure that is divided into two types: justified preventive detention and informal preventive detention.
This second one, contemplated in Article 19 of the Constitution, applies to a wide catalog of cases such as abuse or sexual violence against minors, organized crime, femicide, kidnapping, human trafficking, burglary and use of social programs for electoral purposes, among others also related to corruption or use of weapons exclusive to the Armed Forces.
Preventive detention has been pointed out as a way of violating human rights and the presumption of innocence (special)
In theory, it is applied when other precautionary measures are not enough to protect the victim, guarantee the appearance of the detainee and that the process develops.
But despite the fact that it is established that the prison term should not exceed two years, there have been cases of people who have spent a longer period in prison without having been sentenced. In addition to that human rights organizations argued that this violates the presumption of innocence.
Such was the situation in the Tzompaxtle Tecpile case, since the three victims were in pretrial detention for two and a half years. In 2008 they were acquitted for the crime of violating the Federal Law Against Organized Crime in the form of terrorism.
When analyzing the figure of preventive detention and detention in this particular case, the Court determined that they were contrary to the content of the Convention by violating per se the rights to personal liberty.
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