The Supreme Court of Justice of the Nation (SCJN) began on Monday the discussion on whether informal preventive detention, as a precautionary measure, should or should not remain in the Constitution of the country.
On Monday, five ministers expressed their intention to vote on the non-application of article 19 of the Constitution on pretrial detention.
After the intervention of the fifth minister, President Arturo Zaldívar adjourned the session to continue it tomorrow, Tuesday.
Read: AMLO’s government asks the Court to keep the informal pretrial detention
Luis María Aguilar’s project proposes to eliminate this figure under the argument that it violates the rights of people. On the other hand, the federal government considers that it is necessary to preserve it.
In his participation, Minister Luis María Aguilar began by making the following precision: “In the project only informal preventive detention is analyzed, not justified and it is not studied if it is necessary or valid.”
He assured that it is not proposed that preventive detention disappear, but that it only be dictated by the judge as long as the Public Ministry justifies the reasons.
That is, he said, pretrial detention will continue, but in a justified manner.
According to Luis María Aguilar, the proposal aims to protect the most vulnerable who do not have access to an adequate defense.
“This bill, if approved, does not mean that the Supreme Court attempts or seeks to hinder the prosecution or investigation of crimes. On the contrary, it only seeks to protect the rights of people, especially the poorest and most vulnerable.”
In her participation, Minister Yasmín Esquivel indicated that she does not agree with the project of Minister Luis María Aguilar; he argued that the Court cannot “disapply” the Constitution and that ministers are not responsible for drafting or amending the Constitution.
Meanwhile, Minister Loretta Ortiz said she will vote against declaring informal pretrial detention unconstitutional, since the Constitution cannot be declared unconstitutional.
He warned that to disapply Article 19 of the Constitution as proposed by the bill would be to question the division of powers marked by the Magna Carta.
Find out: “I don’t think they dare”: AMLO on ministers discussing removing informal preventive pressure
Minister Alberto Pérez Dayán said that there are causes to review the way in which the figure of preventive detention is designed, but the exercise corresponds to Congress and not to the Court.
“It is not for me to take on a task that was not given to me. I’m not the one to drop leaves of the Constitution,” he said when announcing his vote against.
Minister Juan Luis González Alcántara considered that the informal preventive detention violates the presumption of innocence and announced that his vote will be in favor of the project.
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