Page 252 - El État de los derechos humanos en las relaciones familiares

ÉTAT DE LOS DERECHOS HUMANOS EN LAS RELACIONES FAMILIARES

political authority (for example, a governor or municipal president); and, b) that during the
intervention of the armed forces, they are subordinated to political authority.

However, it should be noted that, until now, the military instrument intervenes at the

request of the political authority; but, in praxis, they are not subordinated to it. On the

contrary, experience shows that the armed forces are characterized by autonomy in the
exercise of command and their actions.

Given that the chain of command is imposed and that during their actions the military

usually violate the human rights of the population, it is worth asking if it would not be

advisable to declare a state of emergency, in accordance with Article 29 of the Constitution,

whose text is (Political Constitution of the United Mexican States, 2015):

In cases of invasion, serious disturbance of the public peace, or any other that puts the

society in serious danger or conflict, only the President of the United Mexican States, in

agreement with the Heads of the State Secretaries, the Administrative Departments and the

Office of the Attorney General of the Republic and with the approval of the Congress of the
Union and, in the recesses of the latter, of the Permanent Commission, may suspend in all

the country or in a determined place the guarantees that were obstacle to face, quickly and

easily to the situation; but must do it for a limited time, by means of general precautions and

without the suspension being contracted to a certain individual [...]

The interpretation of the SCJN that allows the military and seamen to act as police officers

without the need to declare a state of emergency, responds to the confusion between levels of

254