The judge Karla Maria Macias Lovera, head of the Ninth District Court in the state of Guanajuato, granted a definitive suspension, with general effects, which stops indefinitely the transfer of the National Guard to the Army, because that measure violates article 21 of the Mexican Constitution.
“The complainant is granted the definitive suspension requested, so that things go back to the state they were in before the promulgation of the Decree” with which Congress endorsed that the corporation be managed by the Secretariat of National Defense (Sedena), it specifies the ruling of the judge whose copy you have HIGH LEVEL.
The effects of the definitive suspension include that “the operational and administrative control of the National Guard is not transferred to the Secretary of National Defense, and said body continues under the command of the Ministry of Security and Citizen Protection, as prescribed in article 21 of the Constitution, ”added the federal togada in a 56-page document.
Likewise, the Secretaries of Security and Citizen Protection, and of National Defense, must “stop immediately” the transfer of budgetary, financial and material resources, planned as part of the process for the Armed Forces to take charge of the National Guard.
In the event that said transfer has already begun, the judge orders that “all the resources of the National Guard must be returned to the Secretariat of Security and Citizen Protection, in the terms provided in the Expenditure Budget for two thousand and twenty-two”.
Thus, thanks to an amparo proceeding promoted by citizens in the state of Guanajuato, the National Guard must remain a civil institution attached to the federal Secretary of Security and Citizen Protection, because the definitive suspension granted “does not cause damage to social interest or public order,” Judge Macías Lovera clarified.
From the perspective of the judge, this suspension does not hinder the functions of the National Guard so that it carries out its public security tasks, since its determination only includes that the corporation continues “under civilian control, as established by the Constitution.”
Contempt will warrant imprisonment
The head of the Ninth District Court in the state of Guanajuato warned the federal government that all the authorities identified as responsible in this amparo trial, including the Secretaries of Finance and Security, and of course the Sedena, are obliged to comply with the permanent suspension granted.
It added that, in accordance with article 262, section III, of the Amparo Law, the “public servant who does not obey” will be “imposed sentence of three to nine years in prison, (y) dismissal and disqualification from holding another public office, job or commission.”
This last statement is very clear in the final suspension, in addition to the fact that the text of the ruling was highlighted by the judge in bold, so that the federal government only has to obey the suspension, and if necessary, promote an Appeal for Review in against it, which must be resolved by a Collegiate Circuit Court.
Last week, the Second Collegiate Court in Administrative Matters of the state of Guanajuato had reversed the provisional suspension granted on October 14 by the same judge Karla María Macías Lovera, thereby allowing the transfer of the National Guard to the Army to continue.
Nevertheless, the determination of the latter Court ceases to have effect as the definitive suspension has been granted, Therefore, the new ruling of the Ninth District Court in the state of Guanajuato will be in force until its Revision is resolved, in the event that the federal government promotes this appeal, or until the substantive sentence is issued in this trial of protection.
Until now, a total of 53 amparo lawsuits have been filed against the reforms with which Congress granted Sedena control of the National Guard, in addition to the fact that it is already in the Supreme Court of Justice of the Nation ( SCJN) an Action of Unconstitutionality promoted by senators against these legal modifications.
The admission of this last demand, promoted by members of the opposition in the Upper House, is being analyzed in the presentation by Minister Juan Luis González Alcántara Carrancá.
Additionally, in this month of October the dismissal or relocation, outside the National Guard, of the elements that worked in it after having been members of the extinct Federal Police was also stopped, since 17 Federal Courts have granted at least 30 suspensions in benefit of equal number of national guards.
These rulings protect the promoters of protection so that they are not separated from the National Guard, as provided for in a transitory article of the reform with which the corporation is militarized, which excludes former federal police officers who decided to remain in that security body. .
As will be remembered, even though Article 21 of the Constitution establishes that the National Guard is a civil institution, Congress approved in September the transfer of its elements to the Army, excluding the National Guardsmen who came from the former Federal Police, who will be dismissed from that group if the reform is not declared unconstitutional.
These legislative changes, now suspended, entered into force on September 10, after the respective decree was published a day earlier in the Official Gazette of the Federation (DOF).
Surya Palacios Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.