### Morena and Allies Approve Expansion of Preventive Detention in San Lázaro
On August 13, 2024, the Constitutional Points Commission of the Mexican Chamber of Deputies approved a bill to expand the list of crimes subject to mandatory preventive detention. Supported by Morena and its allied parties—the Green Ecologist Party (PVEM) and the Labor Party (PT)—the measure modifies Article 19 of the Constitution. The bill passed with 20 votes in favor and 14 against from the National Action Party (PAN), the Institutional Revolutionary Party (PRI), the Democratic Revolution Party (PRD), and the Citizen Movement (MC), along with one abstention from Morena legislator Lidia García Anaya.
The amendment proposes to include crimes such as extortion, the production, distribution, and sale of synthetic drugs like fentanyl, drug dealing, tax fraud, and the acquisition of fraudulent fiscal receipts, including invoices for non-existent operations, in the list of offenses warranting mandatory preventive detention.
“To interpret and apply the rules stated in this paragraph, state organs must adhere strictly to the letter of the law, prohibiting any analogous or extensive interpretation that aims to annul, suspend, modify, or render the terms or validity partly or entirely inapplicable,” the approved modification reads, standing in contrast to Article 1 of the Constitution, which guarantees and protects human rights.
In his morning press conference on May 7, 2024, held at the National Palace, President Andrés Manuel López Obrador urged the Supreme Court of Justice of the Nation (SCJN) to reconsider and “come to their senses” in order to avoid abolishing mandatory preventive detention. This plea followed a position statement sent by the 32 state leaders to the SCJN President, Minister Norma Lucía Piña Hernández, advocating for the retention of mandatory preventive detention.
“I hope the Supreme Court reconsiders, comes to its senses, and does not approve this change, as it will lead to impunity,” remarked López Obrador. The president criticized judges, magistrates, and ministers who, he claimed, acted irresponsibly by releasing a notorious suspect in the early hours of the morning, an action not taken in other cases.
On May 6, 2024, the state leaders, through a document shared by Mexico City Government Head Martí Batres Guadarrama, defended the use of mandatory preventive detention, citing its importance in ensuring penal proceedings, protecting victims, and preventing impunity.
The plea came amidst a SCJN review following an Inter-American Court of Human Rights (IACHR) ruling, which ordered the Mexican state to reform the laws governing mandatory preventive detention. The SCJN announced in May 2023, through case file 3/2023 assigned to Minister Jorge Mario Pardo Rebolledo, the necessity to comply with the IACHR’s order resulting from the “García Rodríguez and another vs. Mexico” case.
The IACHR found Mexico liable for violating the rights of Daniel García Rodríguez and Reyes Alpízar Ortiz, who were held in preventive detention for 17 years and tortured. The court ordered the modification of Article 19 of the Constitution and the payment of indemnities to the victims.
The United Nations Office for Human Rights (UN-OHCHR) reiterated on April 17, 2024, that mandatory preventive detention conflicted with human rights principles. The collision with rights like the presumption of innocence, personal liberty, due process, and judicial independence, as well as the effective prosecution of crimes and legal equality, was emphasized.
On March 4, 2024, Minister Alfredo Gutiérrez Ortiz Mena presented a draft to annul the second paragraph of Article 19 of the Constitution, which mandates preventive detention for around twenty crimes, including serious offenses such as sexual abuse of minors, organized crime, and feminicide.
In related news, the expansion of crimes meriting preventive detention has sparked debate about the balance between public safety and the protection of human rights, a discussion that will continue as the legal and political frameworks evolve in Mexico.
### Secondary Article: Reactions to Preventive Detention Amendment
**Public Outcry and Human Rights Concerns:**
Civil society groups and human rights organizations have criticized the recent expansion of preventive detention measures. They argue that such legal changes could lead to increased human rights violations and overcrowded prisons. “Mandatory preventive detention undermines the presumption of innocence and exacerbates the deficiencies in Mexico’s justice system,” a spokesperson from a leading human rights organization stated.
Concurrently, several legislators from opposing parties voiced their dissent, arguing that the amendment goes against international human rights standards and may result in the unjust imprisonment of vulnerable populations.
**International Perspective:**
Following the amendment, international bodies like Amnesty International and Human Rights Watch have reiterated their stance against preventive detention, urging Mexico to align its legal practices with global human rights commitments. The international community watches closely as Mexico grapples with balancing security measures and human rights obligations.
Stay updated with the latest developments on TJGringo.com as this pivotal amendment impacts Mexico’s juridical landscape.