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Minister proposes declaring informal preventive detention unconventional

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Case of García Rodríguez and Alpízar Ortíz

On August 26, the IACtHR will hold the hearing of Daniel García Rodríguez and Reyes Alpízar Ortíz against Mexico, who remained in preventive detention for more than 17 years.

The case is related to the international responsibility of Mexico for torture, violations of due process and personal freedom against both people.

In its Merits Report, the Commission observed that the victims were detained without being presented with a court order issued prior to their detention and without complying with the conditions established in the Code of Criminal Procedure.

In addition, it concluded that they only formally learned the reasons for their arrest and the charges against them when they were brought before a judge, 45 and 34 days after their deprivation of liberty, a period during which they were detained under arraigo.

From his point of view, the application of the arraigo figure constituted a punitive and not a precautionary measure, and therefore an arbitrary deprivation of liberty and a violation of the principle of presumption of innocence.

It also concluded that the preventive detention after the arraigo, which lasted seventeen years, was arbitrary and that the right to defense was violated given that, among other things, the victims in the criminal proceeding failed to present the exculpatory evidence offered as essential and the judge in the case did not take steps to ensure the delivery of information.

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