Martha Martinez / Reformation Agency
Monday, March 27, 2023 | 20:51
Mexico City.- The San Lázaro Constitutional Points Commission approved constitutional modifications to add arms trafficking to the catalog of crimes that warrant unofficial pretrial detention and reduce the age to be a federal deputy from 21 to 18 years.
Contrary to the recommendation of the Inter-American Commission on Human Rights to eliminate informal preventive detention from the Mexican Constitution, the legislators endorsed modifying Article 19 of the Constitution in order to consider arms trafficking, whether or not they are for the exclusive use of the Army, as a felony that warrants imprisonment without a judge’s order.
The opinion was endorsed with 21 votes in favor, three against and three abstentions and sent to the Board of Directors of San Lázaro for its programming before the plenary session.
In justifying the ruling, Green Party deputy Eunice Monzón indicated that arms trafficking is one of the problems facing Mexico, because they are used to commit thousands of crimes that affect the country’s security and economy.
He recognized the effort of the federal government to attack these problems with an unprecedented investment in social programs and through the Foreign Ministry, which has filed various lawsuits in the United States Courts in order to obtain answers from manufacturers and the Government of that country. ; however, he indicated that these efforts will not be enough as long as the flow of arms in the country is not stopped.
The emecista Salvador Caro warned that informal preventive detention is used recurrently for political purposes. In addition, he assured that in recent years criminal groups have had access to weapons that were previously not within their reach, such as the Barrett 50 caliber, so instead of modifying the Constitution, he proposed urging the federal Executive to “give it a shot” in this matter.
Caro considered the constitutional modification as idle, since Article 19 of the Constitution already establishes that the judge will order preventive detention in cases of crimes committed with firearms and explosives for the exclusive use of the Army, Navy and Air Force.
“From my point of view, it is absolutely covered. Arms traffickers do not traffic (calibre). 22, .380, they traffic weapons for the exclusive use of the Army,” he said.
PAN member Santiago Torreblanca warned that informal preventive detention makes the Prosecutor’s Offices lazy, because instead of proving crimes through exhaustive investigations, it is easier to establish crimes that warrant informal preventive detention to remove a person from circulation, in addition to agreeing that this figure can be used for political purposes.
“Not only is it totalitarian, it is not very useful, we better strengthen the Prosecutor’s Offices, the police and ask the governments for results,” he proposed.
The Commission also endorsed modifications to Articles 55 and 91 of the Constitution, to reduce from 21 to 18 years the age to be elected federal deputy or deputy and from 30 to 25 years the minimum age to be a Secretary of State.
Morenista Andrea Chávez indicated that the current wording of these articles is contrary to the right of all people not to be discriminated against.
He questioned that upon reaching the age of majority, people have the right to vote and can even consume alcoholic beverages, go into combat, pay taxes or set up a company, but cannot access elected positions or decision-making positions.
“By the principle of reciprocity we have to approve this constitutional reform,” he considered.
The deputy of Movimiento Ciudadano, Salvador Caro, said that the risk of the reform is “juniorism.” However, he called for analyzing the results that it may have, to guarantee that it will meet its objective of promoting the active participation of young people.
