The National Human Rights Commission (CNDH) has submitted a claim of unconstitutionality to Mexico’s Supreme Court against the Federal Police law, on the grounds that it violates the principle of legal certainty. The Federal Police law was approved by congress last month, and bestows investigative powers on the newly-formed Federal Police, which replaced the Federal Preventive Police operating under the Public Security Secretariat.
Asked to clarify, CNDH president José Luis Soberanes explained that the new law does not sufficiently define the parameters for undercover operations, consequentially raising doubts as to the legality of evidence obtained therein. For example, it is not clear whether it would be permissible for an agent to commit a crime during an undercover operation. There also lacks language prohibiting entrapment of suspected criminals. Soberanes also claims that the law also does not regulate the protection of the identity and integrity of undercover officers.
He stressed the importance of elaborating a Federal Police law that clearly defines a code of conduct for undercover officers as well as rights and protections afforded to them while in the field in order for federal agents to effectively prevent the commission of crimes.
From the July Justice in Mexico Project’s Monthly News Report:
Ballinas, Victor. “Impugna la CNDH artículos de la Ley de la Policía Federal.” La Jornada July 13, 2009.
García, Judith. “Viola garantías la Ley de la Policía Federal.” El Heraldo de Tabasco July 13, 2009.