Federal government accuses the SCJN of violating national sovereignty through informal preventive detention

During the La Mañanera conference, this Tuesday headed by President Andrés Manuel López Obrador, the topic of informal preventive detention on which the Supreme Court of Justice of the Nation (SCJN) will issue a resolution in the coming weeks.

The head of the Ministry of the Interior (Segob), Luisa María Alcalde Lujánin his participation in the morning conference, warned that the SCJN intends release around 68 thousand alleged criminals linked to criminal organizations and that have economic and operational capacity, among others.

“We believe that the SCJN not only exceeds, but also makes the decision without considering what this means for the peace and security of our country,” he said.

The official said that this decision violates national sovereignty and puts citizens at riskamong whom are the witnesses and victims, who are the people who have accused these people, as well as the police, staff of the Prosecutor's Office, judges, among others.

Due to the above, he reported that the security cabinet sent a letter to all ministers to inform them that their decision would release 68 thousand alleged criminals, that is, they plan to invalidate article 19 of the constitution.

What does article 19 establish?

In the Constitution is established in article 19, second paragraph, that people accused of a serious crime will be considered as high impact for society. Among these crimes are organized crime, drug trafficking, kidnapping, homicide, feminicide, torture, human trafficking, child sexual abuse, among others, and They must take their process in preventive detention to ensure that the accused appears for trial, that there is no escape and to safeguard the safety of the victims.

However, the Supreme Court of Justice of the Nation (SCJN) proposes to invalidate this constitutional article and order all judges in the country to disapply preventive detention ex officio.

This decision is made by the SCJN from a resolution issued in January 2023 by the Inter-American Court of Human Rightswhich belongs to the Organization of American States (OAS), and requests that Mexico adapt the laws and eliminate preventive detention.

“Although the resolution of the Inter-American Court binds the Mexican state, the Court unofficially attracted the ruling to interpret it and unilaterally order how Mexico should comply with it without taking into account other institutions, one of which would be the Congress of the Union, which should analyze the possibility of these modifications,” explained Mayor Luján.

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