A federal judge suspended indefinitely the transfer of the National Guard to the Secretariat of National Defense (Sedena), and ordered to return its control to the Secretariat of Security and Citizen Protection (SSPC).
(López Dóriga Digital).- Such definitive suspension was granted by Karla María Macías Lovera, Ninth District Judge with residence in the state of Guanajuato, to Ángel Castro Gómez, who is a representative of the organization Uniendo Caminos México.
This organization claims that if the National Guard is transferred to the Sedena, there is a potential danger for the free exercise of activities aimed at protecting human rights since its incorporation could generate an inhibiting and intimidating effect on social liberties such as the free manifestation of ideas, expression, and assembly.
This is due to the fact that public security is not of a military nature, but is a State function of a civilian character in charge of the Federation, the federative entities and the municipalities, as set forth in Article 21 of the Mexican Constitution.
The judge pointed out that the definitive suspension must be granted based on the jurisprudence of the Supreme Court of Justice of the Nation (SCJN) and precedents of the Inter-American Court.
In the event that the transfer of the National Guard to the Sedena has already begun, the resources must be returned to the SSPC based on the 2022 Expenditure Budget.
“This suspension neither causes harm to the social interest nor to public order, because the duties of the National Guard to carry out the function of public security are not hindered, as it will only continue under civilian command, as established by the Constitution,” he said.
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