Cesar Arellano Garcia
Newspaper La Jornada
Wednesday, September 7, 2022, p. 3
The Mexican Bar Association (BMA) rejected categorically
the figure of informal preventive detention, then, he maintained, is a legal figure provided for in the Constitution and is used by the Mexican State to deprive people subject to criminal proceedings of their liberty, without having been tried and sentenced, based solely on the seriousness of the crime that is the subject of the charge.
This is done when the process is initiated for any of the crimes of high social impact provided for in the Constitution (for example, intentional homicide, kidnapping, rape). This catalog has been expanded in recent years to include tax crimes, acts of corruption and carrying weapons, among others.
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It asserted that informal preventive detention is in force in contradiction to international human rights standards that are part of the Mexican legal system, particularly the right not to be subjected to arbitrary arrest or imprisonment (article 7.3 of the American Convention on Human Rights and 9.1 of the International Covenant on Civil and Political Rights), which also affects the presumption of innocence recognized constitutionally and conventionally.
