In this recommendation, the electoral referee details, the CNDH does not analyze a single act carried out by the Institute, but arises from the analysis of events that occurred between 1951 and 1965, when there were no autonomous electoral organizations in Mexico.
“Despite this, it intends to rule on the performance of the INE,” it says in a statement.
In addition to the recommendation, the complaint before the Court mentions the two subsequent pronouncements made by the CNDH at the request of its president, Rosario Piedra Ibarra, where the INE is accused of having “sabotaged” the popular will.
For the INE, these public positions place the CNDH as a partial actor in a strategy of political attack against the autonomy of the electoral authority, distorting the constitutional mission of the figure of ombudsperson.
The INE clarified that its complaint seeks to encourage the Supreme Court “to redirect the actions of the CNDH so that it adheres to its constitutional purpose, respecting the powers of other autonomous constitutional bodies, is dedicated to ensuring the human rights of the population of the country as it corresponds without pretending to arrogate powers that the Magna Carta expressly prohibits it”.
The National Human Rights Commission (CNDH) also filed a dispute against the National Electoral Institute (INE) before the Supreme Court of Justice of the Nation (SCJN), which accused it of exceeding its constitutional powers.
This is because the CNDH issued recommendation 46/2022 in which it called on legislators to build a reform that grants certainty about the organization of the elections, about the impartiality of the body in charge of counting the votes and about the appointment of their members, in a manner unsuspected of partisan or factional interests.
In response, the INE issued press release 457 on October 30, in which it asked the body headed by Rosario Piedra Ibarra to “fully attend to its functions”, since the Constitution prohibits it from intervening in electoral issues.
The CNDH reversed it and said that “it is completely false that the Recommendation (46/2022) invades the sphere of competence of the INE, since it does not refer to specific electoral processes, but to issues of administration and public policy, and promotes its strengthening through the affirmation of its independence from any partisan, economic or social group, and of its identification and empathy with the people of Mexico.
Not only that, the CNDH went further by suing the Institute before the Court for invasion of spheres of competence.
“(…) I demand the invasion of spheres of competence, materialized through the issuance of Press Release number 457, dated October 30, 2022, through which it states that The CNDH has an express constitutional prohibition to intervene in issues of an electoral natureand various manifestations that members of its General Council”, indicates the resource published this Tuesday in electronic estradas of the Court.
The text states that “Dr. Lorenzo Códova Vianello, in his capacity as President Counselor, and Dr. Ciro Murayama Rendón, in his capacity as Electoral Counselor, have pronounced in the media that the Commission does not have the power to rule on electoral issues, which it means that they are unaware that the CNDH has such power and assumes it as their own, it being inaccurate that the Political Constitution of the United Mexican States so provides.”
The constitutional controversy number 235/2022 has not yet been admitted for processing.
Previously, Morena in the Chamber of Deputies called on the opposition to present a consensus opinion on electoral reform before November 25, otherwise, she will approve with her majority in commissions the initiative of President López Obrador and, in plenary session , during the first week of December.
