Iván Evair Saldaña
La Jornada Newspaper
Thursday, October 23, 2025, p. 18
The presiding minister of the Supreme Court of Justice of the Nation (SCJN), Hugo Aguilar Ortiz, admitted to processing and turned to his presentation the appeal of impediment against the minister María Estela Ríos González, which seeks to remove her as a speaker and from the discussion of the Compliance File of International Judgment 3/2023 on the García Rodríguez and another case versus Mexico, which orders the State not to apply the informal preventive detention and the roots.
The request was presented on October 9 by Daniel García Rodríguez and Reyes Alpízar Ortiz, who asked that the minister excuse herself or be challenged, considering that her impartiality was compromised, since in 2022, as legal advisor to the Presidency, she signed a statement with the head of the Interior to ask the Court to maintain the informal preventive detention, a position opposite to the ruling of the Inter-American Court of Human Rights.
The promoters, who spent more than 17 years in informal preventive detention accused of the murder of the councilwoman of Atizapán, state of Mexico, María de los Ángeles Tamés, perpetrated in 2001, maintain that the statement constitutes a prejudgment by the minister on the issue that she must now resolve. They cite jurisprudence from the Supreme Court itself on the principle of judicial impartiality and, if the excuse is not accepted, they formally request his recusal so that he does not participate in the discussion or voting on the matter.
The Court published yesterday in lists the agreement dated October 8, although the request was presented on the 9th, and instructed Minister Ríos González to submit a report in her defense. Minister President Aguilar Ortiz, rapporteur of the file, must present to the plenary session a project on whether or not she is prevented from participating.
On October 9, García Rodríguez and Reyes Alpízar also promoted an impediment against Minister Yasmín Esquivel so that she could withdraw from another file in the same case, but the Minister President rejected it for not meeting legal requirements. In the appeal, it was requested that the minister excuse herself from knowing the direct protection 5/2025, for having made comments in 2022 in which she prejudged that both were responsible for the feminicide of the councilor.
The lawyer in the case, Simón Hernández León, explained that, unlike the request for impediment against Ríos, the resolution in the Esquivel case was irregular, since the excuse is an obligation of the judges, while the recusal is a right of the parties. For this reason, he said, an appeal was filed that will be resolved by the plenary session.
