On December 4th, a judge admitted the injunction case brought by the independent senator Emilio Alvarez Icaza against the flaws that were recorded in the process of appointing Rosario Piedra Ibarra as president of the National Human Rights Commission (CNDH in its Spanish acronym). The senator argued that this appointment violated article 9 of the Law of the CNDH itself, which states that one of the requirements to fill the position is “not to perform, or have held a position of national or state leadership, in any political party in the year prior to his appointment.” The National Electoral Institute (INE in its Spanish acronym) has confirmed that Piedra Ibarra was the national advisor of the National Regeneration Movement (MORENA, the party in power) until November 14th. In the arguments for the case, Alvarez Icaza also stated that the appointment did not respect Article 10 of the aforementioned legislation, since the vote of two thirds of the members present in the House of Senators was not reached.
Although it is the first injunction that has been successful, it is far from being the first complaint linked to the controversial vote that gave rise to the appointment. Three former candidates for the presidency of the CNDH (Michael Chamberlin Ruiz, Carlos Perez Vazquez and Laura Castellanos Mariano), also presented an injunction stating that in the election process that was followed in the Senate “five constitutional articles were violated.”
Opposition lawmakers also did the same and contemplate, if necessary, filing a criminal complaint against Piedra “for false statements”, “since she swore under oath to tell the truth that in a year before the election she did not hold the executive position of any party and instead the National Electoral Institute confirmed that she is registered as a member of MORENA State Council in Nuevo León,” said Kenia Lopez, president of the Senate Human Rights Commission.
Even members of the Advisory Council of the CNDH expressed their disagreement by resigning their position, a situation that had no precedent. This includes Mariclaire Acosta Urquidi, Maria Ampudia Gonzalez, Angelica Cuellar and Maria Olga Noriega Saenz who expressed in a letter that “an ombudsperson without legitimacy will be unable to establish a valid interlocution with the different actors involved in the observation, protection and promotion of human rights, nor can they generate confidence or legal certainty necessary for their mission.”
Non-governmental organizations such as Amnesty International, Fundar and Articulo 19, in addition to about twenty associations grouped in the #CNDH Autonomous Collective, and even the UN itself have questioned the same process.
For more information in Spanish:
Juez admite amparo contra designación de Rosario Piedra (MVS Noticias, 4 de diciembre de 2019)
AUTORIDADES, LEGISLADORES Y ONGs… EN SU CONTRA (Vertigo Político, 4 de diciembre de 2019)
Admiten amparo contra designación de Ombudsperson (El Heraldo de México, 4 de diciembre de 2019)
Ex candidatos a la CNDH impugnan ante tribunal federal la presidencia de Rosario Piedra (Aristegui Noticias, 3 de diciembre de 2019)
PRI interpone amparo contra designación de Rosario Piedra en la CNDH (MVS Noticias, 30 de noviembre de 2019)
For more information from SIPAZ:
National: Rosario Ibarra de Piedra Sworn in as New President of CNDH (November 15, 2019)
National: Process of Voting for Head of CNDH to Return (November 15, 2019)
National: Activist Rosario Piedra Ibarra is elected new president of the CNDH (November 11, 2019)