Green Party proposes eliminating the criminal figure of roots
He Green party presented at the Senate an initiative that proposes eliminating from the Constitution the figure of roots, arguing that the reasons that support its application in our country do not justify its existence.
The PVEM senators argued that the figure of arraigo violates fundamental human rights and the freedom of people, since it implies the detention of an individual without there being an arrest warrant.
Likewise, with the figure of arraigo a person can be detained, without there being a preventive detention order or a prior trial in which the formalities of the procedure are respected, that is, giving the person the opportunity to defend themselves, present evidence and allegations. .
Senator María Graciela Gaitán Díaz, who presented the initiative, explained that in our country, roots remain in the constitutional and criminal system as a precautionary measure, even when this is not consistent with the constitutional reforms on human rights of June 2008. and 2011.
Furthermore, it violates various international treaties to which Mexico is a party, since it does not respect the presumption of innocence, personal freedom, free movement, due process and the guarantee of a hearing.
The environmental legislator highlighted that, due to this, Mexico has received nine recommendations from organizations linked to the fulfillment of human rights in which the elimination of the roots of state and federal legislation is constantly requested.
It should be noted that the Inter-American Commission on Human Rights (IACHR) and the United Nations (UN) have stated that this “precautionary measure” is arbitrary and incompatible with the principle of the presumption of innocence, in addition to violating individual guarantees. of the detainee.
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