As part of the National Security Plan 2018-2024 that is proposed to face an armed conflict that has been going on for years with drug trafficking, the National Guard is created and the granting of amnesty to criminal groups.
In 2020, the Congress of the Union approved the Amnesty Law as one of the axes of López Obrador’s six-year security policy. This Plan contemplates the option of granting a second chance to prisoners who have been tortured, who are over 65 years old or who have been without a sentence for more than 10 years, for which it is estimated that there may be more than 94 thousand.
According to the Decentralized Administrative Body for Prevention and Social Readaptation (OADPRS), until March 2021, in Mexico there are 219,117 people deprived of their liberty.
Mexicans who could benefit from this proposal analyzed by the administration of President Andrés Manuel López Obrador to release detainees need to meet these conditions: Those detained for more than 10 years without a sentence, in preventive detention; older adults over 75 years of age, who have not committed serious crimes; adults over 65 years of age with a chronic disease and who have not committed serious crimes; and prisoners who have suffered some form of torture in accordance with the Istanbul protocol.
Mexico City and the State of Mexico are the ones with the largest population of older adults registered in their prisons with 765 and 518, respectively.
The amnesty has been given in other countries such as Ireland, the Basque country, El Salvador and Colombia where forgiveness has been granted under well-consolidated terms, but the conflict in Mexico is completely different from the previous ones, since the reasons that exist in Our country has a very successful commercial fund, such as the sale of narcotics.
The current government’s amnesty proposal must address several factors such as respect for the autonomy of the Prosecutor’s Office on the issue of the withdrawal of criminal action; and that the pardon, like the recognition of innocence, requires a final sentence.
On this issue, the issue of responsibilities derived from the disappearances of civilians, who have lost their lives in this war against drug trafficking and which does not simply include the members of the various criminal groups, cannot be set aside, but also to state representatives such as police officers, mayors and members of the armed forces who have different degrees of responsibility. Let us not forget that part of the failure we face in the face of the drug war is that the Mexican government has concentrated its security operations and its ability to administer justice on persecuting consumers and peasant farmers. This procedure has condemned us not to be able to dismantle the criminal networks that really control a very successful business.
Dr. Arturo Argente Villarreal.
School of Social Sciences and Government.
Tec de Monterrey.