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CITY OF MEXICO (approximately) – The National Commission on Human Rights (CNDH) has called on the Supreme Court of Justice of the Nation (SCJN) to declare the entire law on homeland security unconstitutional.
The Congress of the Union, considered the CNDH, had no constitutional powers to deliver it, considering that internal security is not a side of national security.
The Commission stated that the implementation of the Homeland Security Act allowed for the perpetuation of a state of unconstitutionality contrary to full respect for the fundamental rights and dignity of individuals.
In a statement, he called on ministers and ministers "to re-examine the content and scope of article 20 of the law, which establishes the total subordination of civilian authorities to the command of the armed forces".
In this context, he added, "it should be reconsidered that security measures must always be directed by a civilian authority, while respecting the human rights recognized in the Federal Constitution and in the Treaties. International ".
On 12 November, the Supreme Court is expected to analyze Minister Jorge Mario Pardo Rebolledo's project, which addresses the challenges to the Internal Security Act.
The project proposes to declare seven articles unconstitutional, to modify four of them and to validate 23 of the 34 that make up the law.
"It is recognized and celebrated the proposal of declaration of unconstitutionality of various standards challenged by this National Commission", explained the CNDH.
However, he expressed concern over issues such as the lack of congruence of the Union Congress with respect to legislation on internal security matters; lack of prior consultation with indigenous peoples and communities; the subordination of the civil authorities to the command of the armed forces and the power of the military authorities to request any information.
He pointed out that even when the possible declarations of invalidity projected on various points contributed to the protection of human rights, "their livelihood gives rise to legal uncertainty when the rest of the norm remains in force, because it generates various normative gaps ".
The CNDH stressed that the law provided for the possibility for the armed forces to take action on the ancestral lands of communities and indigenous peoples ", which is why they should be consulted in advance, free, informed, of good faith and adapted to culture ".
It also decided to declare invalid the provisions openly indicating the communication of all types of information, without any distinction, in the possession of the authorities and autonomous bodies, under the pretext of tasks relating to internal security.
He recalled that before the publication of the law and its subsequent challenges, the CNDH had emphasized that the participation of the armed forces in public security tasks was not the most appropriate response to deal with the rate of crime that strikes our country, given the special nature of its constitutional functions.
On the contrary, he assured, the training of police officers should be privileged; financial intelligence and heritage research; strengthening prevention, such as attention to inequality, privilege and respect for the exercise of social rights, and attention to arms trafficking, in addition to reviewing and revising the system prison.
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