The full of Supreme Court of Justice of the Nation (SCJN) invalidated the criminal types and sanctions established in its system of combat and punishment of torturefor invading the exclusive power of the Union Congress to legislate on the matter.
The full of court invalidated articles 311 to 317 of the Penal Code for the State of Querétaro, challenged by the National Commission for Human Rights (CNDH) and which contain criminal types, sanctions and other aspects related to the application of the system of combat and punishment of torture.
The SCJN invalidated such articles by determining that they invaded the exclusive power of the Congress of the Union to regulate criminal types and their sanctions in matters of torture, provided for in article 73, section XXI, subparagraph a), of the General Constitution.
“The Congress of the State of Querétaro was not empowered to establish these rates or their penalties, since the only one empowered to regulate the rates and sanctions for torture is the Congress of the Union,” said Minister Luis María Aguilar Morales, powerful on the matter. .
The decreed disability will have retroactive effect to September 1, 2017. court mentioned that in order to avoid impunitythe processes that are in process must be judged based on the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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