Lunes, 14 Mayo 2018

Dos jueces consideran inconstitucional la Ley de Seguridad Interior*

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Diana Lastiri

Dos jueces federales, uno en la Ciudad de México y otra en el estado de Guanajuato, concedieron amparos en contra de la Ley de Seguridad Interior al considerarla inconstitucional pues algunos de sus artículos, dicen, violan los derechos humanos.

El juez Octavo de Distrito en materia Administrativa en la Ciudad de México, Fernando Silva resolvió en el expediente número 118/2018 que la actuación de los militares en tareas de seguridad pública, establecida en diversos artículos de la Ley, puede provocar actos de imposible reparación en perjuicio de los integrantes de la sociedad.

"A toda persona dentro del Estado le asiste el derecho subjetivo o el interés legítimo de que cualquier acto de privación o molestia que se lleve a cabo en tiempos de paz, se realice por las autoridades civiles y no por autoridad militar alguna", indicia el juez. 

Considera que el papel de las Fuerzas Armadas en tareas de seguridad pública introduce un riesgo para el ejercicio de los derechos fundamentales de las personas porque la autoridad militar difícilmente puede sustraerse “al régimen de mando y adiestramiento para el cual ha sido creado”.

La juez Noveno de Distrito en Guanajuato, Karla María Macías Lovera, concedió el amparo a una organización de personas defensoras de los derechos humanos.

En su resolución indicó que algunos de los artículos son violatorios a los derechos humanos pues la afectación que genera la ley no sólo impacta a los quejosos sino a toda la población.

Sin embargo, la juez indicó que la ley puede afectar a los quejosos de modo distinto.

“Por el hecho de su actividad que los vuelve susceptibles al escrutinio del poder estatal, con motivo de las labores de promoción y protección de derechos humanos; máxime que su línea de acción versa sobre derechos políticos y temas relacionados con democracia y ciudadanía”, agregó.

De acuerdo con las listas del Poder Judicial de la Federación, las sentencias fueron noticadas a los quejosos.

*Publicado en eluniversal.com.mx [abril 11, 2018]

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