Victor Fuentes / Reform Agency
Tuesday, October 12, 2021 | 16:39
A federal judge admitted to processing an application for amparo that questions the seizure of operational control of the National Guard (GN) by the Secretariat of National Defense (Sedena), agreed by an official letter dated October 8, 2020 signed by the Secretary General Luis Cresencio Sandoval.
Ana Luisa Priego Enríquez, thirteenth district judge in administrative matters, admitted on September 30 the amparo filed by the Miguel Agustín Pro Juárez Human Rights Center (Centro Pro), which she had dismissed on two occasions for notorious inadmissibility.
Priego had to admit the claim after, for the second time, the Second Collegiate Court in Administrative Matters ruled that the Centro Pro’s claim is not notoriously inadmissible, but that it is necessary to summon the authorities and release the judgment before reaching a conclusion on the subject.
The judge gave the Government fifteen business days to render justified reports and set the constitutional hearing of the trial for November 18, a date that will surely be postponed.
Although she admitted the amparo, the judge denied granting a provisional suspension to stop the effects of the letter of October 8, 2020, because with this “there would be constitutive effects of rights, which are typical of the final judgment that decides the amparo trial. “.
The collegiate court considered that, from the outset, the Pro Center is entitled to promote this protection.
“The analysis of the records provides sufficient elements to consider that their claim is to question, in particular, measures likely to affect human rights of a diffuse nature such as those related to the use of force by government corporations,” he explained.
Sandoval’s office was not released by the Government – which has not denied it – but was published by various media and derived from a meeting on October 6, 2020 of the National Security Cabinet.
“In said session, the President of the Republic authorized all the proposals for the operational control of the National Guard,” says the document signed by Sandoval, head of the Sedena, and addressed to the Secretary of the Navy, Admiral Rafael Ojeda Durán.
The document affirms that the regional coordinators of the GN, all headed by the military, “will be operatively coordinated by the Sedena, through the commanders of the Military Region.”
It adds that the 74 thousand 793 elements of the GN contributed or recruited by Sedena and Semar “will depend operationally on the Sedena and administratively on the Secretariat of origin.”
The GN was created by constitutional reform in March 2019, which indicates that it is a “civilian police institution” attached to the Secretariat of Public and Citizen Security (SSPC), and that it would assume the functions of the defunct Federal Police.
In fact, President Andrés Manuel López Obrador announced last June that he will seek a constitutional reform, precisely so that the GN finally passes to the Sedena.
It should be remembered that in March 2020, using a power that was given to it by the March 2019 reform, the Executive issued a decree to continue employing the Armed Forces in public security tasks until March 2024.
This decree is under review before the Supreme Court of Justice and, in October 2020, a federal judge declared it unconstitutional, because it “practically created a new public security agency” by leaving the military in charge of this function permanently and ordinary.