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Supreme Court Defers Rulings on Automatic Preventive Detention to Incoming Bench

Transferring two pivotal preventive detention cases to the incoming court sets the stage for Mexico to prove its commitment to an international human-rights mandate.

Overview

  • On August 12, the outgoing Supreme Court unanimously postponed two plenary projects on automatic preventive detention.
  • One project by Justice Jorge Pardo Rebolledo urged compliance with the 2023 Inter-American Court of Human Rights ruling that deemed the practice incompatible with the American Convention.
  • Another project by Justice Ana Margarita Ríos Farjat sought to declare unconstitutional the 2023 reform expanding the catalogue of crimes subject to preventive detention.
  • Both cases will now be decided by nine newly elected ministers, identified as close to the governing Morena party, when they take office in September.
  • Daniel García Rodríguez, who spent 17 years without a final sentence, appeared before the Court to demand compliance with the IACHR ruling and highlighted a November deadline for the government’s response.