Deputies from Morena and the PRI seek to eliminate arraigo and informal preventive detention

The parliamentary groups of Morena and the AT in the Chamber of Deputies they presented, separately, two constitutional initiatives to eliminate the figure of detention and informal pretrial detention, as ordered by the Inter-American Court of Human Rights (IACHR) in his most recent judgment against Mexico.

When presenting her proposal, the deputy and vice coordinator of Morena in San Lázaro, Aleida Alavez Ruiz, proposed eliminating the eighth paragraph of article 16 of the Political Constitution of the United Mexican States, referring to the figure of rooting. . . . As well as reforming sections 155, subdivision 12, and 167 second paragraph, and repealing section 13 of section 155, all of the National Code of Criminal Procedure. And section 43 of the Federal Organized Crime Act.

As stated by the federal legislator, the rule created in June 2008 that gave life to the rooting figurewithin the framework of the implementation of the so-called new accusatory criminal procedure system, and which guarantees that the judicial authority at the request of the public prosecutor and in the case of crimes of organized crime, may decree the arraigo of a person, without it being able to exceed than 40 days, was not applied properly.

“In short, the figure of arraigo has always been highly questioned, since its materialization implies that whoever is decreed must suffer the effects of a sentence of early deprivation of liberty (…) Arraigo has not only been a failed tool of governments PAN members of Vicente Fox and Felipe Calderón, but used for dark purposes,” said the legislator.

Likewise, the morenista stressed that it is necessary to abide by the resolution of the Inter-American Court of Human Rights, which declared that the State of Mexico is responsible for the violation of the rights to personal integrity, personal liberty, judicial guarantees and judicial protection. committed against Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile and Gustavo Robles López in the context of their arrest and deprivation of liberty, as part of the criminal proceedings to which they were subjected.

For this reason, it ordered the State to adopt measures to nullify in its internal legal system the provisions related to pre-trial detention and to adapt its internal legal system on preventive detention.

For her part, the deputy Ana Lilia Herrera Anzaldo (PRI) proposed to reform articles 16 and 19 of the Political Constitution, in order to eliminate the precautionary measures of rooting and the informal pretrial detention.

At the same time, it proposed establishing that the Public Prosecutor’s Office should request pretrial detention from the judge and the judge, in an individualized analysis and based on the elements provided by the Public Prosecutor’s Office, in a well-founded and motivated manner, will decide on the admissibility or not of the measure. precautionary measure of justified preventive detention.

The PRI deputy points out that these measures must be eliminated since they violate the principle of presumption of innocence, personal liberty and due process, highlighting that the application of this type of anticipation of sentences or pre-conviction sentences lacking legality controls places the people in a legal limbo and, consequently, in a situation vulnerable to being subjected to torture or other cruel, inhuman or degrading treatment.

“It must be said that currently, precautionary measures such as arraigo and informal preventive detention remain in our Constitution and have become a great contradiction in our penal system, because in essence they violate human rights.

“The figures do not lie: from January to September 2022, in Mexico there was an average of 225,628 people deprived of their liberty, of which 41 percent were in pretrial detention,” he highlighted.

kg