Following the determination made by loretta ortizMinister of the Supreme Court of Justice of the Nation (SCJN), the National Institute of Transparency, Access to Information and Protection of Personal Data (Inai) will attend the Inter-American Court of Human Rights (IACHR) to be able to continue your demand.
Commissioner Adrián Alcalá warned this Monday, April 24, that if the Court does not give rise to the suspension requested by the INAI, this body will seek, through international instances, to be able to guarantee that the Article 33 of the Federal Transparency Law to allow the Plenary session with four commissioners.
“We hope that the minister (Ortiz Ahlf) will grant us the suspension, but if she does not grant it, for whatever reason she has, we will present the corresponding claim and, even, we are evaluating the three commissioners and one commissioner, with the mandate of the State that they have given us, to go to the Inter-American Court of Human Rights”
In addition, through social networks it ruled: “Given the refusal to grant the suspension requested by the INAI, with the responsibility of the State to guarantee and protect the human rights of #AIP and #PDP, we will resort to the appeal before the SCJN and, in Their case, before the IACHR. We will exhaust all instances!”
In addition to this, in his narrative, the INAI commissioner reproached that in the Senate of the Republic they have not been able to reach any agreement to promote the appointments that are pending, among them, those of Transparencywhich is why the Plenary of said Institute was left without the minimum capacity required to be able to meet.
“There is a lack of consensus in the Senate of the Republic to designate the people who will occupy the positions of commissioners of the INAI, but we continue to work in the fight; because this is not about Blanca, Josefina, Julieta or Adrián, it is about the defense and guarantee of Mexicans”
And it is that the Inai Plenary must be made up of seven commissioners. Its limit to operate is with five commissioners, this so that its projects can be discussed with the minimum quorum required for them to have constitutional recognition; however, in the presence of four or fewer, the Plenary cannot operate and this was what happened, since as of April only four commissioners remained.
For months the INAI had been operating with five commissioners and on March 31 the time limit for Francisco Javier Acuña Llamas in the Plenary Session of the Institute expired, which is why, as of April 1, there were four left and with it, the operational capacity of the Plenary was terminated of the Inai.
Consequently, the Institute promoted before the SCJN a constitutional controversy against the Senate so that they make the appointments shortly. In addition, they requested that, in an extraordinary way, it be possible to meet with four commissioners; however, the minister Loretta Ortiz announced that this will not happenso they will have to wait for the Senate to make the pending appointments.
In this regard, it should be remembered that the Senate had already elected two commissioners on March 1; however, one of them was the second worst evaluated (out of 48 applicants), which is why the president Andres Manuel Lopez Obrador (AMLO) promoted the veto of that list.
With this, the duo made up of Ana Yadira Alarcón Márquez and Rafael Luna Alviso He was out. It should be noted that this was foreseen both by members of the National Action Party (BREAD) and by the National Regeneration Movement (Brunette). For example, César Cravioto, a senator from the cherry party, recalled that Rafael Luna “was the worst”.
