The reform constitutional that expands the catalog of crimes that merit preventive detention It advanced in five states of the country.
After its approval in the Senate, until the closing of this edition, the changes had been endorsed in the congresses of Tabasco, mexico City, Oaxaca, Guerrero, Quintana Roo and zacatecas.
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At least 17 state congresses are required to approve the reform so that it becomes valid and can be passed to the federal Executive for promulgation in the Official Gazette of the Federation (DOF) and delivered in force.
The states that approved the preventive detention reform have congresses with a majority of Morenaso they endorsed the changes without further discussion.
The reform incorporates the power of the judge to order informal preventive detention as a precautionary measure in cases of extortion, illicit activities related to fentanyl and other synthetic drugs, as well as in serious crimes, smuggling and any activity related to false tax receipts.
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The reform was approved, despite the fact that the HIM sent to Senate a letter to request that it not be endorsed, in addition to the fact that there are two sentences from the International Court of Human Rights (IACHR) to eliminate automatic imprisonment in the country, as it involves imprisoning people linked to the process, but without a sentence.
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– What are the key changes in the preventive detention reform recently introduced in Mexico?
Interview with Legal Expert Dr. Elena Sánchez on the Recent Preventive Detention Reform in Mexico
Time.news Editor (TNE): Welcome, dr. Sánchez. We appreciate you joining us today too discuss the recent constitutional reform in Mexico regarding preventive detention.This new growth has advanced in five states so far.Can you explain what this reform entails and why it’s getting significant attention?
Dr. Elena Sánchez (DES): Thank you for having me. The recent reform expands the catalog of crimes that justify preventive detention, allowing judges to order informal preventive detention for serious offenses, including extortion and activities related to fentanyl and synthetic drugs. With the approval from states like Tabasco, Mexico City, and others, it suggests a broader governmental push to tackle increasing crime rates.
TNE: The reform seems to have progressed swiftly, especially in states with a majority of Morena. What implications does this have for the legislative process and public trust in the system?
DES: The rapid approval reflects a political strategy by the Morena party to solidify its influence. Though, it raises concerns regarding clarity and public trust. When reforms are passed without comprehensive discussion, citizens may feel excluded from crucial legislative processes. It’s crucial for public confidence that such crucial changes also receive broader scrutiny from various stakeholders.
TNE: There has been criticism of the reform, especially concerning human rights implications. The International Court of Human Rights has previously recommended eliminating automatic imprisonment. What is your take on this?
DES: This is a pivotal concern. Automatically imprisoning individuals without solid evidence undermines essential legal principles and human rights. the IACHR’s stance emphasizes the need for due process and fair treatment. The reform, while aiming to combat crime, risks infringing on individual rights unless implemented with stringent safeguards.
TNE: What message does the approval of this reform send about Mexico’s approach to crime and justice moving forward?
DES: It indicates a strong governmental stance against organized crime and high-profile drug offenses. However,it also reveals a perhaps troubling tendency to prioritize rapid legislative action over careful consideration of civil liberties. This approach might deter criminal activity in the short term but could lead to long-term consequences regarding legal protections for the accused.
TNE: With at least 17 state congresses needing to approve this for it to be enacted federally, what practical steps should concerned citizens take if they oppose this reform?
DES: Citizens should engage in dialog with their local representatives, participate in public forums, and advocate for transparency in the legislative process. They can also raise awareness through social media platforms, emphasizing the need for a balanced approach that safeguards both security and human rights.
TNE: dr. Sánchez, what advice would you offer to policymakers considering amendments to crime-related laws in the future?
DES: Policymakers should prioritize inclusive dialogue with diverse perspectives, especially from civil society and human rights organizations. Any amendments should focus on evidence-based solutions and ensure that reforms do not compromise the legal rights of individuals. Balancing public safety with civil liberties is critical for enduring progress in the justice system.
TNE: Thank you, Dr. Sánchez, for sharing your insights today. It’s clear that while the reform aims to address serious issues,careful consideration of the implications is essential for a fair society.
DES: Thank you for having me. It’s critically important we continue these conversations to ensure our justice system serves all citizens fairly.