The Supreme Court of Justice of the Nation (SCJN) determined that, although the opinions of the UN Working Group on Arbitrary Detention are not binding, they have legal relevance and must be considered in judicial decisions in the country.
The full Court determined that these pronouncements are part of the so-called soft law, which does not impose direct legal obligations, but does “have legal relevance,” the highest court noted in a statement.
Furthermore, he highlighted that soft law “plays an important role in the interpretation and application of human rights, as it is based on consensus and institutional legitimacy” of international organizations.
The case analyzed corresponds to an indigenous man arbitrarily detained in Oaxaca in 2012, who in 2018 went to the UN Working Group on Arbitrary Detention.
Said body concluded that the imprisonment violated international standards and urged the Mexican State to correct the situation.
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However, given the failure to comply with these recommendations, an amparo lawsuit was filed that was dismissed with the argument that the opinion of the UN group was directed generally to the Government of Mexico and not to specific authorities.
When reviewing the case, the Supreme Court ruled that “when an authority decides not to follow one of these opinions, it has the obligation to justify it clearly, well-founded and within the scope of its powers.”
Likewise, it determined that the authority must demonstrate that its decision is compatible with the Mexican Constitution and international treaties on human rights.
The lack of mandatory nature of these pronouncements, the Supreme Court stressed, “does not imply their irrelevance, but rather reinforces their function as a non-coercive guidance and supervision mechanism.”
Finally, the Court granted protection for the local Judiciary, the criminal judge in the case, and the federal and state victim commissions to thoroughly analyze the opinion of the UN Working Group, and explain, where appropriate, the reasons for not adopting it.
It also ordered the authorities to review the impact of a possible illegal detention and acts of torture in criminal proceedings, exclude evidence obtained with human rights violations, notify the Public Ministry to investigate accusations of torture and assess the recognition of the person as a victim, as well as the granting of comprehensive reparation.
With information from EFE
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