Newspaper La Jornada
Wednesday, January 25, 2023, p. 7
The National Supreme Court of Justice (SCJN) endorsed the National Detention Registry Law (LNRD), which had been partially challenged by the National Human Rights Commission (CNDH); however, it ordered that Congress issue regulations within one year on measures to prevent the hack from this database.
The nodal point of the matter was the fifth transitory article of the law, which was interpreted in the sense that the military who detained the alleged perpetrator of an illegal act would not be empowered to directly register the apprehension, but should first present it before a police authority. civilian, who would have to make the report.
The National Registry of Detentions is managed by the Secretary of Security and Citizen Protection (SSPC) and concentrates all the apprehensions made by the federal, state and municipal authorities, as a mechanism to make the action of justice transparent and avoid forced disappearances.
Minister Javier Laynez, in charge of the project approved by the SCJN, explained that the correct interpretation of the fifth transitory must be that the military who act in public security tasks are obliged to directly and immediately register the apprehensions they make, complying in all the terms dictated in the LNRD.
The correct interpretation of the fifth transitory implies that the permanent armed force that performs public security tasks is subject to the law, and that it must not give notice (to the civil police) in terms of (article) 19, but must directly carry out the immediate registrationLaynez noted.
Against the project, the minister president, Norma Lucía Piña, argued that the LNRD is lax when defining the actions of the military:
implies ignoring the subordinate and complementary nature that, according to the Constitution, their participation in public security tasks should have, since their work would be extending to the powers of police institutions.
In the end, the project was approved by a majority of eight votes, the minister president, the ministers Luis María Aguilar and Alberto Pérez Dayán voted against.
The only aspect in which the SCJN agreed with the CNDH is that Congress has failed to comply with the fourth transitory article of the constitutional reform regarding the National Guard, promulgated since March 2019, in which it was ordered Legislate to regulate the actions of RND personnel when internal or external facts or events arise that put their database at risk.
The foregoing also acquires importance, taking into account that public institutions are the focus of cyber attacks every day.Minister Loretta Ortiz Ahlf explained, when arguing her vote.
Unanimously, the SCJN called on Congress to issue the necessary laws and regulations on this issue in its next two regular sessions.