Mexican Supreme Court rules military code unconstitutional

The Mexican Supreme Court has ruled that a provision of the military code which gives military courts jurisdiction to try soldiers accused of crimes against civilians is unconstitutional. The court held that such a provision violates a federal law which states that military courts cannot expand their scope over civilians affected by a case. The Mexican constitution provides that, “military courts in no case and for no reason may extend their jurisdiction over people who do not belong to the army”. Justice Luis María Aguilar stated that, “when a person outside the military is either the defendant or the victim, an ordinary judge has authority over this case, not a military judge. The constitution says it”.

Military prosecutors in Mexico had opened nearly 5,000 investigations into alleged violations committed by military personnel between 2007 and 2012. However only 38 service members were convicted and sentenced. Complaints against members of the armed forces have vastly increased since they were deployed to crack down on drug trafficking in 2006.

Click here to read an article in the Guardian.

Click here to read an article from BBC News.

Share

Resources

Sustaining Partners