The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) decided not to analyze, for now, the decree of May 11, 2020 in which President Andrés Manuel López Obrador ordered the use of Armed forces in public security tasks until 2024.
The Second Chamber, by majority vote of the ministers, decided not to resume jurisdiction from the First Collegiate Court on Administrative and Civil Matters of the Twenty-Second Circuit.
Asked about this decision, the criminal lawyer Daniel Torres Checa said that it is unfortunate because one of the great pending issues in the Supreme Court was to submit the so-called militarist agreement to constitutional scrutiny. “This delays an early ruling by the highest court,” he said.
The decision of the Second Chamber of the SCJN implies not knowing the case and it will be a Collegiate Court to resolve on the agreement of May 11, 2020, issued by the head of the Federal Executive, for which it has the Armed Force Permanent until 2024 to carry out public security tasks in an extraordinary, regulated, controlled, subordinated and complementary manner.
It should be noted that the Court has yet to resolve a constitutional controversy presented by the then president of the Chamber of DeputiesLaura Rojas, against the same agreement, an issue that the Court has not addressed for two years.
Through an agreement published in the Official Journal of the Federation On May 11, 2020, President Andrés Manuel López Obrador ordered the Permanent Armed Force participate in an extraordinary, regulated, supervised, subordinate and complementary manner with the National Guard in public security functions for a maximum period of five years, that is, until March 26, 2024.
This allows members of the Army, Navy and Air Force, during the time that the National Guard develops its structure, capacities and territorial implementation, participate in public security tasks, “without said participation exceeding five years from the entry into force of the decree of March 26, 2019.”
At the time, the Miguel Agustín Pro Juárez Human Rights Center It considered that taking the debate on this matter to the plenary session of the Court is fundamental so that there is a broader understanding, the points of view are known and the substance of the matter is reached.
“For more than 30 years we have documented and denounced impunity for crimes and serious human rights violations committed by the Armed Forces, the relative autonomy enjoyed by the military sector, the state’s complacency with its reluctance to be held accountable, the permanence of the counterinsurgency logic, the steps towards the militarization of public security and the erosion of military subordination to civilian instances”, he indicated.
Santiago Aguirre, director of the Pro Center, considered that the decision he will make is very relevant, because it must take into account the 15 years that the Armed Forces have been carrying out public security tasks without favorable results in terms of reducing violence, the homicides and public insecurity.
kg