Upon confirming the order directed by the National Electoral Institute (INE) to the President of the Republic to refrain from making comments on the revocation process, the Superior Chamber of the Electoral Court of the Judicial Power of the Federation (TEPJF) ordered the partial withdrawal of the morning conference of the president Andres Manuel Lopez Obrador last February 28.
Unanimously by the magistrates present, and without discussion, the plenary session of the Court modified the agreement issued by the Technical Unit for Electoral Contentious Matters of the National Electoral Institute (UTCE), so that the General Coordination of Social Communication and Spokesperson for the Government of the Republic delete exclusively the content of the publications that contain expressions related to the process of revocation of mandateregarding the conference on February 28.
Derived from the complaints filed by the Democratic Revolution (PRD) and National Action (PAN) parties, the INE Complaints and Complaints Commission issued agreements ordering the President of the Republic to refrain from issuing expressions related to the process of revocation of the mandate, derived from various comments made during the morning conference on February 2 and two events held on the 12 and 13 of the same month in Sonora; decisions that were confirmed by the Superior Chamber.
Subsequently, the PAN presented an incident of non-compliance, due to the fact that AMLO he again made statements about the mandate revocation process at the morning conferences on February 21 and 28.
The UTCE reiterated to the President Lopez Obrador the obligation to refrain from issuing pronouncements on the revocation of the mandate and ordered the removal of the video of the morning conference on February 28 from social networks, as well as from the rest of the official platforms.
Dissatisfied with the foregoing, the President of the Republic and the General Coordinator of Social Communication and Spokesperson of the Republic promoted means of challenge alleging, mainly, the violation of their guarantee of hearing and presumption of innocence, and that the UTCE exceeded its powers by order to remove the entire content of the morning conference on February 28.
In a public session by videoconference this Wednesday, March 16, at the proposal of Judge Felipe Alfredo Fuentes Barrera, the plenary session of the Superior Chamber considered regarding the morning conference on February 21 that there is already a pronouncement by this Superior Chamber in the SUP file -REP-54/2022 and accumulated.
It determined that the UTCE expressed the reasons for which it considered that the linked subjects failed to comply with the measures initially ordered, and that the guarantee of a hearing was not violated, since in sanctioning procedures in electoral matters, a prior hearing is not required.
The Tribunal also concluded that the principle of presumption of innocencebecause the supervision of compliance with the precautionary measures does not imply assessing the denounced conduct or making a pronouncement on its illegality.
Likewise, it established that the electoral authority exceeded itself by ordering the elimination of all the content of the morning conference on February 28.