Court minister withdraws proposal to remove pre-trial detention from constitution

A Supreme Court (SCJN) justice who advocated the abrogation of a constitutional provision that applies mandatory pre-trial detention for suspects accused of certain crimes has withdrawn his proposal.

Justice Luis María Aguilar withdrew his proposal Thursday before it was put to a vote. A majority of the 11 justices expressed opposition to modifying the constitution, meaning that the proposal was doomed to fail had a vote been held.

Aguilar said he would reformulate his proposal in order to present to his SCJN colleagues “a new methodology that allows us to do away with the damaging effects” of mandatory preventive prison, which currently applies to suspects in crimes including homicide, rape, kidnapping, human trafficking, illicit enrichment, fuel theft, burglary and firearm offenses.

He rejected suggestions that his proposal sought to declare an article of the constitution unconstitutional.

“I categorically reject affirming or even insinuating that I propose removing pages from the constitution,” Aguilar said.

Other justices characterized his proposal in that way, and asserted that only the federal Congress has the authority to modify the constitution. The federal government – which argues that mandatory pre-trial detention is fundamental to ensure that suspects don’t evade justice and continue committing offenses – also contended that the SCJN doesn’t have the power to invalidate sections of the constitution.

Although Aguilar withdrew his proposal, he continued to argue for the elimination of mandatory preventive detention, saying that use of the measure violates human rights as it doesn’t respect the presumption of innocence principle.

It “punishes the most vulnerable people,” he added, citing data that shows that 65% of people in preventive custody have low levels of education and over 50% are younger than 35.

“This statistical data allows us to see a cruel reality: over half the people detained in preventive custody are young people with incomplete studies,” Aguilar said.

“Almost half the people in preventive prison earn [just] 5,000 pesos [US$250] a month, almost 20% … are indigenous people and Afro-Mexicans and many of them don’t even speak Spanish.”

With reports from Milenio

Have something to say? Paid Subscribers get all access to make & read comments.
workers

Labor Ministry hails steady job growth, but economists urge against too rosy an interpretation

0
Labor Minister Marath Bolaños reported on Tuesday that 60.2 million people were employed in Mexico and 422,000 more jobs had been created during the first quarter this year than during Q1 2025.
Nassón Joaquín García, shown here welcoming guests from 54 countries to a convicatiuon of his

Judge reopens criminal case against former leader of Mexico’s Luz del Mundo Church

0
The former leader of the Guadalajara-based church, the spiritual home of some 3 million Mexicans, is serving time in California for sexually abusing children. He'll now face similar charges in Mexico.
"El Jardinero" surrounded by Mexican naval special forces

Mexican Navy captures top CJNG commander ‘El Jardinero’ in Nayarit

0
In a statement, the navy boasted its precision in locating and arresting the target — who was surrounded by at least 30 pickup trucks and 60 armed personnel — without firing a single shot.
BETA Version - Powered by Perplexity