La Cana's position on the ruling that expands the catalog of crimes that merit preventive detention

Daniela Ancira, July 29, 2020

Posicionamiento de La Cana frente al dictamen que amplía el catálogo de delitos que ameritan prisión preventiva oficiosa
  • We urge that the ruling on secondary laws on pretrial detention be rectified and not approved.

  • Automatic imprisonment has only increased the number of people imprisoned without receiving a sentence, without reducing the number of victims in Mexico.

  • We trust in the commitment of legislators to seek solutions that contribute to strengthening the Justice System and effectively address insecurity and impunity in the country.

    On April 12, 2019, the reform to Article 19 of the Constitution was published in the Official Gazette of the Federation to expand the list of crimes that merit pretrial detention. At that time, various organizations expressed our concern about a reform that is contrary to international standards and due process, which would increase the likelihood of imprisoning innocent people,

    We note that in the face of the crisis of insecurity and violence that our country is facing, it is essential to strengthen the Accusatory Criminal Justice System and contribute to social reintegration. On the contrary, the Executive and Legislative Powers have opted to increase the sentences for a considerable number of crimes and the cases of origin of pretrial detention, a measure that should be applied exceptionally and as a last resort.

    Unfortunately, these measures have increased

    Without due analysis, without evidence that automatic imprisonment serves to combat crime, and in the context of a pandemic that has highlighted the risk that imprisonment entails for the lives of people deprived of liberty, today the Senate of the Republic intends to discuss and approve a ruling for the harmonization of the secondary laws of the reform to constitutional article 19.

    We urgently call on legislators to rectify and jointly build strategies that, without arbitrarily violating human rights, contribute to strengthening the Justice System and effectively address insecurity and impunity in Mexico.