oil, petroleum or petrochemicals, crimes committed by violent means such as weapons and
explosives, crimes involving firearms and explosives for the exclusive use of the Army, the Navy
and the Air Force, as well as serious crimes determined by law against national security, the free
development of the personality, and health.
296. In this regard, the Court notes that some of the aspects contrary to the American
Convention that had been pointed out in the chapter on the Merits (supra paras. 164-174), still
persist and were even expanded in subsequent legislation. These aspects are: a) no reference is
made to the purposes of preventive detention, nor to the procedural risks that it seeks to prevent;
b) it does not allow the possibility of analyzing the application of this precautionary measure through
an assessment of its necessity in relation to other measures less harmful to the rights of the
defendant, such as alternative measures to deprivation of liberty, and c) the application of preventive
detention is mandatory for certain crimes considered serious once the material assumptions have
been established, without any analysis of the need for precautionary measures in light of the
particular circumstances of the case.
297. As for the regulations related to provisional release and release on bail contained in Article
319 of the 2000 Code of Criminal Procedure for the state of Mexico, these have been reformed
and, instead, Article 194 of the current Code of Criminal Procedure for the state of Mexico
(reformed in 2009), establishes that:
Article 194. Pretrial detention is applicable in the following cases:
A. Ex officio:
I. In the case of the crimes of intentional homicide, rape and kidnapping, and the attempted
commission of said crimes;
II. Crimes committed by violent means, provided that serious harm is caused to the physical
integrity of persons, as well as those committed with weapons, explosives or others that by their
nature may cause danger; and
III. In the following crimes against the free development of the personality provided for in the
State Criminal Code:
a) Article 204, Sections I, II, III;
b) Pornography of minors and disabled persons contained in Article 206, Sections I, II and
IV; and
c) Trafficking of persons.
IV. Those classified as serious in the General Laws. […].
c) Conclusion
298. Based on the foregoing, although the regulations through which arraigo and mandatory
pretrial detention were applied to the facts of the case have changed, this Court has no doubt that
the aspects that make them incompatible with the Convention, as indicated above, persist in their
current wording. These aspects have led this Court to declare that the rules that include the
concepts of arraigo (Article 154 of the 2000 Code of Criminal Procedure for the state of Mexico)
and mandatory pretrial detention (Article 154 of the 2000 Code of Criminal Procedure for the state
of Mexico as well as Article 19 of the Mexican Constitution after it was reformed in 2008) were
contrary to the American Convention and to the State’s obligation to adapt the provisions of
domestic law as established in Article 2 of the American Convention.
299. The Court recalls that according to Article 2 of the American Convention, the general
obligation of the State includes the adoption of measures to eliminate norms and practices that in
any way violate the guarantees established in the Convention, and the promulgation of norms and
the development of practices conducive to the effective observance of those guarantees. 278
278
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs, supra, para. 207; Case of Durand and
Ugarte. Judgment of August 16, 2000. Series C. No. 68, para. 137; Case of the “Juvenile Reeducation Institute” v.
-75-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents