National: Two Judges Declare Interior Security Law Unconstitutional

Law (@Fray Francisco de Vitoria)

On May 11th, the Interior Security Law (LSI in its Spanish acronym), promulgated by President Enrique Peña Nieto in December 2017, was declared unconstitutional by two federal judges claiming that it puts the human rights of citizens at risk.

The Eighth District Judge on Administrative Matters in Mexico City, Fernando Silva Garcia, argued that “the intervention of the military authorities in times of peace implies the exceptional measure of requesting the armed institution to participate in tasks other than that laudable work for which it was created and therefore a risk is introduced for the exercise of the fundamental rights of people, precisely because the military authority can hardly escape the command and training regime for which it was created.” He considered the Law “unconstitutional” in resolving an application for an injunction filed by the criminal lawyer Barbara Zamora, from the law firm “Tierra y Libertad” in February 2018. He ruled that, “the Justice of the Union protects the plaintiff against the regulatory system of the Law of Internal Security that incorporates the Armed Forces in functions related to the internal security in times of peace.”

Zamora celebrated the resolution considering it a “victory of justice over arbitrariness” and stressed that it “not only says we are correct, as we stated in our application for protection, but also vindicates all the voices that that were raised against this law before its approval in the Congress and its promulgation.”

For its part, the Ninth District Judge in Guanajuato, Karla Maria Macias Lovera, granted another protection to various agencies that requested it when filing an amicus curiae appeal to support it. Among the organizations behind the appeal are the Miguel Agustin Pro Juarez Human Rights Center, the Network in Defense of Digital Rights and Articulo 19. In her ruling, the Judge indicated that, “the vagueness and lack of conceptual identity of the term ‘interior security’ contravenes the rights of legality and legal security of the complainants”, preventing understanding of what would represent a threat. She argued that it generates a state of uncertainty and has a terrifying effect for the complainants and, moreover, for anyone who is in the country and who intends to demonstrate publicly. The judge pointed out that the law can affect the complainants in another way “due to the fact of their activity that makes them susceptible to the scrutiny of state power, due to the promotion and protection of human rights; especially as its line of action deals with political rights and issues related to democracy and citizenship.”

This is the second appeal filed against the LSI that was ruled in favor of its promoters, with more than 500 requests being filed.

For more information in Spanish:

Juez concede amparo contra Ley de Seguridad Interior; la considera “inconstitucional” (Proceso, 11 de mayo de 2018)

Inconstitucional Ley de Seguridad Interior, resuelve juez (La Jornada, 11 de mayo de 2018)

Ley de Seguridad Interior es inconstitucional, resuelven dos jueces (Documento) (Aristegui Noticias, 11 de mayo de 2018)

Declara Juez Inconstitucional la Ley de Seguridad Interior (Regeneración, 11 de mayo de 2018)

Admiten dos amparos contra la Ley de Seguridad Interior por considerarla inconstitucional (Animal Político,12 de mayo de 2018)

Conceden en Guanajuato amparo interpuesto por ONG contra la LSI (LA Jornada, 12 de mayo de 2018)

For more information from SIPAZ:

Chiapas: Organizaciones amparan La Ley de Seguridad Interior (2 de febrero de 2018)

Nacional : EPN promulga Ley de Seguridad Interior. CNDH promoverá acciones de inconstitucionalidad. (29 de diciembre de 2017)

Nacional: Senado aprueba Ley de seguridad interior (16 de diciembre de 2017)