Supreme Court Orders Stop on Cases About Preventive Detention Until Key Issues Are Resolved

BTN News: The Supreme Court of Justice of the Nation (SCJN) in Mexico has told all courts to stop working on amparo cases about preventive detention. These cases will stay on hold until the Supreme Court decides on key issues about preventive detention and international rules.

Details About the Supreme Court’s Private Meeting and Decision

The decision came from a private meeting of the full court. This move aims to stop lower courts from making rulings that might clash with the Supreme Court’s upcoming decisions. Minister Lenia Batres Guadarrama welcomed the decision, saying it helps give legal certainty to those with ongoing cases about preventive detention.

Current Steps and Proposals by Ministers for Preventive Detention

Right now, the court has draft decisions from Ministers Alfredo Gutiérrez Ortiz Mena and Jorge Mario Pardo Rebolledo. These drafts suggest stopping automatic preventive detention. Ortiz Mena wants to cancel the second part of Article 19 of the Constitution, which demands automatic preventive detention for almost 20 crimes. The Supreme Court needs six votes to stop this law, and this would only help the person who brought the case.

Different Viewpoints and Ideas on Changing the Law for Preventive Detention

To create a new legal rule, eight votes are needed. If they don’t get enough votes, cases about preventive detention will be reviewed one by one. Minister Pardo Rebolledo’s idea not only stops automatic preventive detention but also stops detention orders and calls for independent investigations in cases of torture, without the involvement of prison or police authorities.

Potential Changes and Future Impact on Preventive Detention Laws

If Pardo Rebolledo’s plan is accepted, it will apply to all judges in Mexico, both local and federal. The plan also explains how the Federal Judiciary should follow the ruling from the Inter-American Court of Human Rights in the García Rodríguez case against Mexico.

Conclusion

This decision by the Supreme Court is a big step towards matching Mexico’s laws with international human rights standards. The upcoming decisions will be very important for the future of preventive detention laws in Mexico.