Page 251 - El État de los derechos humanos en las relaciones familiares
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ÉTAT DE LOS DERECHOS HUMANOS EN LAS RELACIONES FAMILIARES
the then Minister of the SCJN Mariano Azuela Güitrón; four years later, the application or
execution of five theses in the same sense (which establish jurisprudence), which allow the
participation of the military and seafarers in the field of public security, without the need for
a state of emergency to be declared , with negative effects on human rights in Mexico.
It should be remembered that Article 129 of the General Constitution of the Republic reads
as follows (Political Constitution of the United Mexican States, 2015):
In times of peace, no military authority can exercise more functions than those that have an
exact connection with military discipline. There will only be fixed and permanent Military
Commanders in castles, fortresses and warehouses that depend immediately on the
Government of the Union; or in the camps, barracks or tanks that, outside the towns,
establish for the station of the troops.
Interestingly, the highest court does not interpret it that way, and even paves the way for the
armed forces to participate in missions and functions that correspond to public security: in
five Theses of the Plenary of the Supreme Court of Justice of the Nation ( Thesis XXV / 96,
XXVII / 96, XXVIII / 96, XXIX / 96 and XXX / 96) establishes that the three forces "can
participate in civil actions in favor of public security, in aid of civil authorities" (SCJN, 2000:
Volume XI, 556 and 557); thesis, incidentally, by the Minister Azuela Güitrón himself.
The two conditions or reservations established by the SCJN itself are: a) that the
participation of the military responds to a well-founded and motivated request from the
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