Background on Margarita Ríos Farjat and Her Influence
Margarita Ríos Farjat, a prominent Mexican jurist and former Supreme Court justice, has played a significant role in shaping Mexico’s legal landscape. Her recent project of sentencing proposes a more favorable interpretation of constitutional content to align it with human rights, both constitutional and international.
The Supreme Court’s Decision on Preventive Detention
According to the project of sentencing drafted by Margarita Ríos Farjat, the Supreme Court of Justice of the Nation (SCJN) will decide that the application of preventive detention, as established in Article 19 of the Constitution, should not be automatic but subject to scrutiny.
The ruling clarifies that this new understanding of preventive detention does not imply its abolition or immediate release of those currently detained based on the declared unconstitutional norms. These cases will be subject to the review mechanism established in Article 161 of the National Code of Criminal Procedures.
Context and Impact
The Supreme Court listed the case for resolution on January 23, 2024. The Commission for Human Rights of Mexico (CNDH) initiated the inconstitutionality action 49/2021, challenging various provisions of the National Code of Criminal Procedures and other related laws. The case is now among the pending matters to be addressed by the Court.
Although Mexico faces a significant crime crisis, the project argues that this does not justify restricting human rights through preventive detention without distinction, especially when processing certain types of offenses.
The widespread use of preventive detention, the project states, prevents case-by-case assessment of its necessity and turns it into a misleading tool for measuring the success of public safety or justice policies, as it deprives individuals of liberty long before their sentencing.
The Mexican state, like any other nation, must address crime while upholding human rights and adhering to international standards systematically.
Voting Requirements and Future Implications
The approval of this case does not require a qualified majority of eight votes; six out of ten is sufficient.
Key Questions and Answers
- What is the main issue being addressed by the Supreme Court? The court will decide whether preventive detention should be automatic or subject to scrutiny, aligning it with human rights.
- Who drafted the project of sentencing? Margarita Ríos Farjat, a former Supreme Court justice and influential jurist in Mexico.
- What is the CNDH’s role in this case? The Commission for Human Rights of Mexico initiated the inconstitutionality action 49/2021, challenging various provisions of the National Code of Criminal Procedures and other related laws.
- How many votes are needed for approval? Six out of ten votes are sufficient for the case’s approval.
