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Author: Subject: Limiting the Military Fuero
JoeJustJoe
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[*] posted on 7-14-2011 at 08:39 AM
Limiting the Military Fuero


It looks like the Mexican Supreme Court has reined in the Mexican Military from their skyrocketing civilian human rights abuse in cities across Mexico including the Tijuana/Baja area where the Military has been accused of many human rights abuses under ex-police chief Julian Leyzaola and even a few say Hank Rhon was also subject to civil right abuse by the Mexican military.

Of course I think this is very good news that the military if they are accused of human rights abuse will now be tried in civilian courts. This should cause the military to think twice before they abuse a Mexican civilian's civil rights.

Of course there are some that won't like this ruling by the Mexican Supreme court, and want the military to crack down and bust heads on criminal suspects especially if they're suspected of having ties to the Mexican drug cartels. Their thinking is, "crack heads, and ask questions later. Civil rights? What's that?"
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From Gancho one of the better blogs out there that covers Mexico:

Limiting the Military Fuero

This is big news:

The Supreme Court of Justice of the Nation curtailed the military fuero: effective immediately, any member of the armed forces that abuses human rights of civilians will be judged in [civilian courts].

"In situations where civilian human rights are threatened, under no circumstance can the military jurisdiction be operable," the decision says.

I think it's really important to note that this is not a setback for the military--it will make the military stronger and more integrated with society, and will hopefully lead to fewer cases of abuse. It will also make it easier to argue that the abuses that do occur are not systemic but rather isolated. I hope the military leadership embraces it.

Also, the Cacho case notwithstanding, I think we will look back at the SCJN in the Calderón era as a bastion for progressive decisions.
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Militares que cometan abusos serán juzgados en tribunales civiles
Ante infracciones a derechos humanos de civiles, "bajo ninguna circunstancia puede operar la jurisdicción militar", dictaminan
Aurora Vega

http://www.excelsior.com.mx/index.php?m=nota&id_nota=752...



[Edited on 7-14-2011 by JoeJustJoe]
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