Ciudad Juarez.- In order to improve the tools for professional performance, the State Judicial Branch provided the State Attorney General’s Office with a course on how to request precautionary measures before control judges in the initial hearings conducted by the elements of the Public Prosecutor’s Office.
This workshop, “Legal arguments and motivation for requests for precautionary measures”, was the result of a collaboration agreement between both bodies, with the aim of improving their performance before judges.
Likewise, the Prosecutor’s Office announced that the activity was carried out in response to the discussion on the imposition of pretrial detention derived from the unconstitutionality action 13/2019 and its accumulation 136/2019, as well as the amparo review 355/2021 promoted by the National Human Rights Commission and members of the Senate of the Republic.
According to an assessment of this figure in Mexico by the United Nations Human Rights Commissioner, pretrial detention “violates the right to the presumption of innocence and the right to liberty of persons subject to this measure,” in addition to the fact that its regulation and application “violates judicial independence,” and its existence is incompatible with citizen security measures, disrupts the functioning of the accusatory criminal justice system, and could encourage false accusations of crimes.
On the other hand, justified pretrial detention is “accepted in international law and can be imposed within the framework of criminal proceedings, in order to avoid certain procedural risks,” which may be obstruction of the investigation, danger to victims or witnesses, and removal of justice from the accused, in accordance with the provisions of the National Code of Criminal Procedure.
In addition to pretrial detention, which is the most serious precautionary measure due to what it represents for the accused, the same substantive code provides for 13 other options.
The training that the FGE received on August 16 and 17 was by María del Sol Vázquez, from the Collegiate Court of Appeals, and Yamir Roberto Aguirre, secretary of the Third Chamber of the State Judicial Branch, in the auditorium of the District Attorney’s Office of the Northern Zone, in Ciudad Juárez.
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