Emir Olivares and Alonso Urrutia
Newspaper La Jornada
Friday, November 11, 2022, p. 12
The head of the ninth district court based in Irapuato, Guanajuato, Karla María Macías Lovera, exceeded his powers
When decreeing the provisional suspension of the decree that transfers the operational and administrative control of the National Guard (GN) to the Secretary of National Defense (Sedena), indicated the federal Undersecretary of Public Security, Ricardo Mejía Berdeja.
In his weekly presentation in the morning of President Andrés Manuel López Obrador, the official remarked that it is exclusively for the Supreme Court of Justice of the Nation to analyze the actions that have the purpose of raising the possible contradiction between a general rule and the Constitution. .
He stressed that this type of judicial action put security at risk
of the citizens and generate impunity in the country
.
He pointed out that, at first, the judge determined the suspension of a decree emanating from the Legislative power. The resolution was challenged before a collegiate court and was rendered null and void.
However, the undersecretary added, the justice minister issued a new resolution and established a definitive suspension. The determination was appealed by the federal Executive because the judge exceeded by generating suspensive effects on a decree of the Congress of the Union
.
He trusted that the collegiate court that will analyze the case will revoke this new suspension.
For his part, President López Obrador criticized the actions of the judge and urged the Council of the Federal Judiciary to review the actions and good behavior
of the robed
In addition to this, he regretted that the Congress of that state is the only local legislature that has so far voted against the constitutional reform to extend until 2028 the performance of the armed forces in public security tasks.
He considered that these decisions do not contribute to the benefit of the security of Guanajuato, since it is the entity where the most murders are reported. On Wednesday, he pointed out, 64 homicides were registered in the country, and 14 of them, equivalent to 22 percent, in Guanajuato.
Notwithstanding these decisions, the president stated that the Army, the Navy and the GN will continue to participate in security tasks in the state. One thing is the political leaders of the extreme right and another the people of Guanajuato, there is no way we leave them in a state of defenselessness
.
In another criticism of a judicial action, Undersecretary Mejía referred to the case of the control judge Álvaro Niño Cruz, specialized in the accusatory criminal system, who ordered the release of two detainees by elements of the Navy on the high seas who were transporting 600 kilograms of cocaine and attacked the sailors.
The judge qualified illegal
the apprehension with the argument that it occurred outside the exclusive economic zone, where the Navy supposedly does not have legal powers. Given this determination, the undersecretary indicated, the Attorney General’s Office will appeal.
“Despite all these elements –the seized drug and the attack on the sailors–, the judge declared the detention illegal and released them, here all that was missing was for the 600 kilograms of cocaine to be returned to them.”
