The Inter-American Court of Human Rights (IACHR) handed down a ruling in the Case of Tzompaxtle Tecpile et al., in which it determined that the Mexican government is responsible for violating the human rights of the accused, by depriving them of their liberty with the precautionary measures of arraigo (arrest) and preventive detention, for which they urged the country to eliminate the figure of pre-procedural arraigo from its legislation and modify its internal legal system on preventive detention. Since said international organization verified that these measures violate Human Rights in the case, specifically, the rights to personal integrity, personal freedom, the guarantees of due process and hearing against the
defendants during their trial between the years 2006 and 2008.
In 2006, the martyrs were held incommunicado and confined for three months when their arraigo were decreed. After the opening of the criminal process, the victims were in preventive detention for approximately two and a half years, being released in October 2008 when they were acquitted of the crime of terrorism. The Court analyzed the arraigo and preventive detention. The first is contrary to the American Convention on Human Rights, by violating the rights to due process, personal freedom and the presumption of innocence, among others.
Regarding preventive detention, it is also contrary in itself to the Convention by not mentioning its purposes, nor do the procedural dangers that it would seek to prevent. Nor is it necessary to analyze the need for the measure in the face of other less harmful measures, such as alternative measures to deprivation of liberty. The Court sentenced the Mexican State: 1) To annul pre-procedural arraigo in legislation; 2) Adapt its legislation on preventive detention; 3) Publish the Judgment and its official summary; 4) Recognize your international responsibility in a public act; 5) Provide medical, psychological, and psychiatric treatment to the victims; and
6) Pay the amounts established in the Judgment for costs and expenses.
For the first two points, he gave a period of six months from January 27, 2023 and to supervise that the sentence is carried out within a period of one year. To date, the first two points have not been accomplishment.

constitutionandhumanrights@gmail.com

vazquezm_alex@hotmail.com