Annulling the informal preventive detention would facilitate the new task of Rosa Isela Rodríguez.
The insistence of the federal government that the unofficial preventive prison prevail contrasts with the presidential decision that the head of Public Security, Rosa Isela Rodríguez, as soon as the National Guard is endorsed to the Army, speed up the release of unjustly or excessively imprisoned people.
On August 8, Andrés Manuel López Obrador lamented the slow pace with which his plausible idea is developing.
“I want something special,” he said, because “I have been issuing pardons, amnesties (sic), giving instructions for freedom for some time, and we are not moving forward…”.
And it is that the prisons are overcrowded, but more so because 14 were added in his administration (2019) to the six grounds that there were to imprison defendants with the informal preventive detention formula.
To a large extent, what was the arbitrary house arrest shows the inefficiency of the Public Ministry to integrate solid accusations.
If this early punishment were to disappear (it is carried out without concluding or even starting the trial) for women and men who could circumvent their trial in freedom and even be exonerated, the task that Rosa Isela Rodríguez will carry out would be much less complicated, especially considering that There are almost 93,000 people who should never have been behind bars.
Although there are more defendants who are not renowned, the case of Rosario Robles illustrates the marrano nature of informal pretrial detention: the lady spent three years in prison without any court deciding whether or not she committed a crime or whether, if guilty, , conviction would allow him to be released on bail. The former prosecutor Jesús Murillo Karam is already experiencing a similar early punishment, despite the fact that his control judge, Marco Antonio Fuerte (as well as Rosario Robles, Jesús Delgadillo Padierna), from the first hearing showed the pants of what follows instructions from the Office of the Attorney General of the Republic.
I do not like to exemplify how perverse informal preventive detention is with famous people but, as Minister Luis María Aguilar says in the project that will be discussed by the plenary session of the Supreme Court on September 5, the measure is unconstitutional because “it implies the deprivation of liberty during the development of a criminal proceeding, for which it constitutes a restriction on the rights of personal liberty and the presumption of innocence.” It is an “early” sentence, which should only be used “as an exceptional measure”.
In their brief to the Court, in line with what was said by their boss AMLO, the Secretary of the Interior and the legal adviser of the Executive Power argue:
“Leaving the decision in the hands of the judges (…) would generate additional pressure on those who dispense justice, exposing them to corruption and violence…”.
Apparently they ignore that this is exactly what has been happening since before the plague-ridden “neoliberalism” and in full fourth transformation that, apparently, prefers overcrowded prisons.
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