Celia Quintero Rico, head of the Seventeenth District Court in Administrative Matters of Mexico City, ordered this Tuesday the Political Coordination Board (Jucopo) of the Senate to submit to the Plenary Session of that sovereignty immediate appointment of the directors who must fill the vacancies maintained by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).
When resolving an incident for non-compliance with a definitive suspension already granted since March, the togada ordered that “within FORTY-EIGHT HOURS”, the Jucopo must prove effectively “and without evasions” that it has given “compliance with the ends of the definitive suspension granted” to the INAI Advisory Council, a group that is the promoter of an Amparo Trial in charge of the judge.
The Political Coordination Board of the Upper House, made up of the leaders of the benches of all the political parties, was warned by the judge because, “in case of omission, a fine equivalent to fifty units of measurement and update will be imposed , which could gradually increase until reaching a thousand units of measurement and update”.
Since Congress has already concluded its first regular session of 2023, in this case the Senate would have to convene an extraordinary period in order to comply with with the order of the Seventeenth District Court in Administrative Matters of Mexico City.
It should be clarified that, in addition to the already detailed fines, contempt of a suspension is also punishable by arrest and dismissal of the responsible public servants, so the senators that make up the Jucopo have no other option but to obey the judge’s determination. .
Senate default
Since last February 20, through a provisional suspension, the judge Celia Quintero-Rico ordered the Senate to issue an agreement so that the INAI councilors could be elected, after -since March 2022- the legislators had not filled the two vacancies that the body’s Plenary had until then.
Subsequently, On March 3, the togada granted a definitive suspension for the Upper House to fulfill its obligation by appointing the INAI councilors, a constitutionally autonomous body that has not been able to meet since last April, since there are now three councilors who have left their position at the end of the period for which they were elected.
Last Thursday, before closing the regular session, the Senate Plenary voted on the appointment of Ricardo Salgado Perrilliat, candidate proposed by Jucopo so that he could join INAI, so that the institution can function.
However, Morena legislators sabotaged the agreement reached by the leaders of their benches, and voted against Salgado Perrilliat, who did not reach the necessary endorsement that three-fifths of the senators had to add.
Before that, on March 1, 2023, the Upper House elected as commissioners Ana Yadira Alarcon Marquez already Rafael Luna Alviso, but these were vetoed by President Andrés Manuel López Obrador on March 16, because the second did not appear “on the list of people who had stood out for their participation” in the election process for the two vacancies that -until March- INAI had.
The INAI Plenary is made up of seven commissioners, and can function with a minimum of five, as it has done since April 2022, however, since April 1 of this year a new vacancy was opened in that institution, so since then the body can no longer meet, nor make any decision on transparency.
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.