SCJN will give priority to matters related to the Armed Forces

In response to a request from the president of the Chamber of Deputies, the Supreme Court of Justice of the Nation (SCJN), announced that it will resolve as a matter of priority five actions of unconstitutionality, three constitutional controversies and one amparo under review, related to the act of the Armed Forces in the country.

As expressed by the Court, priority will be given to various provisions of the National Guard Law; the National Law of Registration of Detentions; the Code of Military Justice and the Military Code of Criminal Procedures.

In addition, to the Organic Law of the Federal Public Administration, the Organic Law of the Mexican Army and Air Force, and the Law of Promotions and Rewards of the Mexican Army and Air Force, as well as the Agreement that provides for the Permanent Armed Forces on duty of public safety.

The SCJN determined that the assumption of urgency in attention to the social interest or public order was updated, therefore it resolved as appropriate to give priority processing to the Unconstitutionality Actions (AI): 62/2019, 63/2019, 173/2021, 46/2016 and 137/2022; Constitutional Disputes (CC): 91/2020, 85/2020, 87/2020 and Amparo under Review (AR): 282/2020.

The constitutional controversy 90/2020, promoted by the lower house, was resolved on November 29, where it determined to validate the “Agreement by which the permanent Armed Forces are available to carry out public security tasks in an extraordinary manner , regulated, supervised, subordinate and complementary”.

It should be noted that the above occurs after on November 6, Santiago Creel Miranda, president of the Board of Directors of the Chamber of Deputies, presented the request for Priority Attention 3/2022, to resolve four constitutional controversies, five actions of unconstitutionality and an amparo under review.

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Among the matters for review are those filed by the CNDH against Congress and the president in the action of unconstitutionality 63/2019 for the National Law of the Detention Registry, issued on May 27, 2019, in particular, articles 19 and Fifth Transitory of the Law.

These texts indicate that when an authority detains a person, the local police must be notified immediately to keep track of the matter. However, in the Fifth Transitory, the Armed Forces are exempted from said obligation.

In turn, the unconstitutionality action 173/2021 promoted by opposition deputies requests that the Organic Law of the Mexican Navy published in the Official Gazette of the Federation on October 14, 2021 be invalidated.

Combined with the unconstitutionality action 46/2016 promoted by the CNDH against various articles of the Code of Military Justice and the Military Code of Criminal Procedures, both published in the DOF on May 16, 2016, among other resources.

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