Deputies approve an opinion that grants all people the right to be searched

The Constitutional Points Commission of the Chamber of Deputies approved a constitutional reform opinion that orders that all people will have the right to be searched.

With 27 votes in favor, zero against and 4 abstentions, it approved in general the opinion that adds and reforms article 17 of the Political Constitution, on protection and search for disappeared persons.

In particular, the reservation of Deputy Erika Vanessa Del Castillo Ibarra (Morena) to include the phrase “All people have the right to be searched” was accepted with 26 votes in favor, zero against and two abstentions.

This project requires that:

“All people have the right to be searched; the State will protect people against disappearances, it will look for them under the presumption of life, without being linked to the ministerial investigation. It will preserve its personality in accordance with the Law and if it is found lifeless, it will identify it and deliver its remains in a dignified manner to whoever has the right.”

Deputy Juan Ramiro Robledo Ruiz (Morena), president of this commission, maintained that the ruling establishes the obligation of the Mexican State to search for disappeared persons, emphasizes their right to be searched, and contemplates the preservation of legal personality.

In turn, Deputy Del Castillo Ibarra expressed that the reform is in solidarity with the families that are looking for their daughters and sons; She proposes to make this phrase clear, since “we are all vulnerable to it, such as having someone disappeared, not located or suffering as victims.”

While Hamlet García Almaguer, deputy from Morena, indicated that, with the addition “everyone has the right to be searched”, coherence is generated in the constitutional text, and the mention of State refers to the different spheres: municipal, state and federal and all its powers.

For her part, Deputy Cynthia Iliana López Castro (PRI) considered it important that the country can improve the search for people; Jalisco is the entity with the most cases and in 2022 109,000 people were registered nationwide, plus the people who are not reported. It is important that you can legislate on the subject.

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Protection of defenders and journalists

The instance also endorsed with 26 votes in favor and one abstention, the opinion that reforms the second paragraph of subparagraph c) of section XXI and the addition of a new section XXXI, covering the subsequent sections of article 73 of the Political Constitution, in matters protection of human rights defenders and journalists.

Deputy Robledo Ruiz specified that the modification to the last paragraph of section XXI of article 73 is being voted on, “which already establishes the reference to journalists and what is being added are human rights defenders and protectors; The power of Congress to attract common law crimes against journalists to federal jurisdiction is not under discussion.”

He said, a new fraction is added to article 73, XXXI, to give Congress the power to issue a General Law, that is, a norm that binds all levels of government and all entities of the Mexican State; a General Law that will distribute competences in terms of protection to journalists and human rights defenders.

In turn, Deputy García Almaguer affirmed that the proposal has to do with the distribution of powers and section XXXI seeks to authorize the federal Congress to issue the General Law that establishes the principles and bases to which the orders of government must be subject in the scope of their respective jurisdiction in matters of protection and defense of journalists and human rights defenders and promoters. “Today we are showing that we defend these causes.”

Meanwhile, Deputy López Castro highlighted that the case of Ciro Gómez Leyva shows that journalists are harassed in their work; there is no response or strategy from the Federal Executive and there is no protection. We continue to see a country and a government that ignores the deaths of journalists and women activists who have been assassinated. “Of course we are in favor.”

Leonel Godoy Rangel, deputy of Morena, mentioned that the aim is to clearly establish where the powers are in terms of percussion of crimes committed against journalists and defenders and promoters of human rights; The modification will allow the possibility for the Federation to constitutionally attract the case that it considers pertinent; In 2022, there were 16 attacks on journalists, 14 of which have been solved.