Supreme Court determines Law on Internal Security unconstitutional

Supreme Court building

Mexico’s Supreme Court of Justice of the Nation. Source: Wikipedia.

12/30/18 (written by kheinle) — Mexico’s Supreme Court (Suprema Corte de Justicia Nacional, SCJN) made a significant decision in November regarding the proposed Law on Internal Security (Ley de Seguridad Interior). The law was meant to address Mexico’s notoriously high levels of crime and violence. It sought to expand safety on the domestic front, minimize threats towards internal security, and increase the role of the military in domestic affairs. The latter includes the military’s capacity to gather intelligence and evidence in proposed crimes.

On November 15, 2018, however, the Supreme Court ruled the law unconstitutional, arguing that it went against both the Mexican Constitution and international treaties to which Mexico is a signatory. The Court also said that Mexico’s Congress, which had approved the law, should not legislate on matters of internal security. When the draft law was published in December 2017, Congress was controlled by the Institutional Revolutionary Party (Partido Revolucionario Institucional, PRI), the party of then-President Enrique Peña Nieto (2012-2018). On December 1, 2018, the new government took over under now-President Andrés Manuel López Obrador (AMLO) of the National Regeneration Movement (Movimiento Regeneración Nacional, MORENA) took office.

Critics of the Law on Internal Security

Despite its Congressional support, the law received pushback from civilian institutions and human rights activists. The Washington Office on Latin America shared its concern in a communication just weeks before the Supreme Court’s decision. WOLA noted the control it would have given the military in overseeing civilian authorities in domestic affairs, as well as its expanded role in investigations. “Paired with the absence of effective controls and accountability mechanisms to oversee those actions, this will limit the power of authorities within the civilian justice system, resulting in impunity,” WOLA stated. The law also drew ire from the public. A Change.org petition was submitted a month after the draft law was initially published with over 467,000 signatures urging the Mexican government to reject the law. WOLA summarized that the five main reasons for the public’s rebuke included:

  1. “Lack of accountability mechanisms and civilian oversight;
  2. Expanding the military’s jurisdiction over civilians;
  3. Insufficient regulation of the military’s use of force;
  4. Lack of transparency in how the Internal Security Law will be implemented; [and]
  5. The Internal Security Law disincentives police reform.”

The high court’s decision is one that Esmeralda Arosema de Troitiño, the spokesperson for Mexico’s Interamerican Commission on Human Rights (Comisión Interamericana de Derechos Humanos, CIDH), argued set a precedent for President López Obrador’s incoming government. The Court’s decision “constitutes an indispensable judicial precedent as the base for the new government to present a concrete plan to gradually draw down military in public security matters…,” she said.

The developments with the Law on Internal Security paralleled President López Obrador’s ongoing push for a National Guard, which has also raised concerns about human rights and public safety.

Sources:

Cámara de Deputados del H. Congreso de la Unión. “Ley de Seguridad Interior.” Diario Oficial de la Federación. December 21, 2017. PDF.

Suarez-Enriquez, Ximena and Maureen Meyer. “Multiple Sectors Push Back Against the Implementation of Mexico’s New Internal Security Law.” WOLA. January 25, 2018.

Joint Statement. “International Observatory on Mexico: The Decision of Mexico’s Supreme Court on the Internal Security Law Will Set a Fundamental Precedent on Militarization in the Country and in the Region.” Washington Office on Latin America. November 2, 2018. 

Ferri, Pablo. “La justicia mexicana tumba la ley del gobierno saliente que perpetúa el papel policial del Ejército.” El País. November 16, 2018.

Roldán, Mariluz. “CIDH celebra invalidación de Ley de Seguridad Interior.” El Universal. November 26, 2018.

“Critics voice concerns over Mexico’s proposed National Guard.” Justice in Mexico. December 24, 2018.