The Supreme Court of Justice of the Nation discusses during its session this Tuesday a project to invalidate fragments of 29 articles of the Military Justice and Military Code of Criminal Procedures, considering that the military jurisdiction invades the civil jurisdiction.
The project was presented by the Minister Luis Maria Aguilarwith the objective of invalidating the power for the Army to involve civilians in investigations for military crimes, which can request the intervention of private communications, classify all the information collected as confidential or secure financial assets without a court order.
The articles that the minister proposes to invalidate were reformed in May 2016 and have been challenged since then by the National Commission for Human Rights (CNDH).
The Court will discuss the project this Tuesday, March 14.
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The key point of Minister Aguilar’s project is to clarify that prosecutors and military police cannot come into direct contact with civilians, which will extend the criteria that the Court established in past years that the Army cannot prosecute any crime committed by the military that involves civilians, either as accomplices or as victims.
“Any provision that provides for powers in favor of the military authorities to impose, per se, obligations or charges related to the investigation of crimes or breaches of military discipline is equivalent to subjecting a civilian person to military jurisdiction, is contrary to article 13 of the Constitution”supports the project.
The minister proposes to invalidate all the rules that allow public ministries and military police to request information from any person, whether or not they are part of the Armed Forcesas well as order him to appear or impose measures of urgency if he does not cooperate.
“Far from generating certainty, it causes uncertainty in relation to what the limit of this attribution is, given that only the cause for which it can be exercised is mentioned, but neither the matter nor on whom or who can be carried out is specified, which which may have as a consequence the arbitrary use by the ministerial authority, when being able to carry it out, not only with respect to military personnel subject to an investigation, but also over persons outside the military jurisdiction.”points out the project.
With media information
