Page 265 - El État de los derechos humanos en las relaciones familiares
P. 265

ÉTAT DE LOS DERECHOS HUMANOS EN LAS RELACIONES FAMILIARES












                  of interconnection of the national system of public security and coordination of the three
                  orders of government in matters of security.


                  There  are  also  no  incentives  for  members  of  police  institutions,  experts  and  public

                  prosecutors,  by  virtue  of  the  provisions  of  article  123,  section  B,  section  XIII  of  the

                  Constitution (2015); rather, hand in hand with the examinations of control and confidence -
                  which disrupt the right to due process- the "sword of Damocles" hangs over the heads of these

                  three groups of employees at the service of the State, so that the The reader is faced with

                  what is known as a spoils system in administrative law.


                  Said in other terms, officials of the security sector, lack stability and job security (essential

                  note of the administrative career that separates and differentiates it from the spoils system of
                  free designation and removal). Thus, to fail the exams of control and confidence -in which

                  the polygraph is erected in the "reign of evidence", although most of those who apply it are

                  not  trained  or  certified-  can  be  freely  removed  from  the  institution  and,  although  said
                  separation  has  been  unjust,  in  no  case  shall  its  reinstatement  by  constitutional  mandate.

                  While the SCJN interprets it in the same sense and, by decision of President Enrique Peña

                  Nieto, these evaluations are extended to the administrative personnel of the public security

                  bodies of the three levels of government.


                  Which calls into question the hard core of the human rights of the public prosecutors, police
                  officers and experts, since it undermines due process and the subsystem of guarantees for

                  employees at the service of the State, consecrated constitutionally; which, in turn, generates a

                  rarefied atmosphere in the institutions and dependencies where these officials perform.
















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