Mexico.- This Monday, October 25, the Supreme Court of Justice of the Nation (SCJN) resolved to invalidate the precautionary measure of informal preventive detention for the crimes of tax fraud, use of false invoices and contraband.
The Chief Justice of the Supreme Court, Arturo Zaldívar Lelo de Larrea, stated that the informal preventive detention violates human rights, since it affirmed that this is “unconventional”.
In the public session of this day, the plenary session of the SCJN, by majority vote, ruled in favor of what was issued by the National Human Rights Commission (CNDH), as well as a group of senators opposed to the Fourth transformation, who presented appeals against the changes made in November 2019 to the National Security Against Organized Crime laws and the National codes of Criminal Procedures and the Federal Prosecutor.
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The autonomous body headed by Rosario Piedra Ibarra filed an action of unconstitutionality against the reforms, considering that they violate various rights of the accused.
“This National Human Rights Commission considers that the aforementioned provision violates the right to legal certainty, as well as the principles of presumption of innocence, legality in its strictness aspect, of minimal intervention in criminal matters (last ratio) and of proportionality of the penalties ”, indicates the action of unconstitutionality 130/2019.
Among other individuals, the modifications classified as organized crime the issuance of false invoices for an amount greater than the 7 million 800 thousand pesos.
“The catalog of crimes that deserve informal preventive detention cannot simply be expanded. It is not a question of not abiding by the Constitution but of taking seriously the human rights that are part of the first article of the Constitution, “said Zaldívar Lelo de Larrea.
The also president of the Federal Judicial Council (CJF) argued that the catalog of illicit crimes that are subject to informal preventive detention cannot be extended, since the issue of human rights must be taken seriously.
“The Inter-American Court of Human Rights has held that neither the characteristics or appearance of the subject nor the seriousness of the crime that is imputed to him are sufficient for a preventive detention. The procedural danger cannot be presumed. It has to be justified ”, he emphasized.
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Likewise, he stressed that the Inter-American Court of Human Rights has indicated that not even the seriousness of the crime committed by an alleged offender can be a reason to impute preventive detention.