Judge Suspends the Transfer of the National Guard (GN) to SEDENA's Control

"Socalj" for Borderland Beat

The National Guard will continue with its public security tasks under civilian command.

The Ninth District Judge in Guanajuato, Karla María Macías, stopped the passage of the National Guard (GN) to the Secretary of National Defense (Sedena), by granting a definitive suspension to the organization Uniendo Caminos México, which promoted an Amparo for this transfer to be declared unconstitutional. The transfer of operational and administrative control of the GN to the Secretariat headed by Luis Cresencio Sandoval was halted indefinitely, so it will remain with a civilian command under the direction of the Secretariat of Security and Citizen Protection (SSPC). 

In addition, the SSPC and Sedena were instructed to immediately suspend the transfer of “budgetary, financial and material resources related to the sixth transitory article, section II, of the decree opposed” by the organization.

The definitive suspension was granted this Monday, October 24, a fact that was celebrated by the representative of the organization, Ángel Castro Gómez, who challenged the decree approved by the deputies on September 3, and by the senators on the 9 of said month.

Uniendo Caminos México, in coordination with Mexico Making Citizenship, Neurona Ciudadana, and other civil society organizations presented 72 collective Amparos between September and October of the current year, against the decree by which the GN is incorporated into Sedena. In this regard, Judge Macías Lovera indicated that the suspension granted "does not harm the social interest or public order" since the GN will continue to carry out its public security functions but under civilian command.

It is worth mentioning that this resolution can be confirmed, modified, or revoked through an appeal for review, in the event that the federal government challenges the first instance ruling, as occurred on October 19. On that occasion, the Second Collegiate Court on Administrative Matters of the Sixteenth Circuit, based in Guanajuato, revoked the provisional suspension that had been granted by Judge Karla Macías to prevent the operational command of the GN from remaining in the hands of Sedena. The magistrates refuted the appeal filed by Ángel Castro Gómez under the argument that " he did not have a legal or legitimate interest " to request the suspension, since they indicated that he only had a simple interest, which is not allowed in Amparo matters.

In this sense, Judge Gerardo Mendoza pointed out that for this Amparo to proceed, the complainant was obliged to demonstrate a direct and personal "damage difficult to repair" that could derive from the reform of President Andrés Manuel López Obrador to the National Guard. “It cannot be validly and objectively presumed that the decree that orders the operational and administrative control of the National Guard to the Sedena generates a differentiated grievance for the complainant”

On October 11, different opposition senators promoted a constitutional controversy against the Tabasco reform. There were about 49 legislators critical of the self-styled Fourth Transformation (4T) who went to the Supreme Court of Justice of the Nation (SCJN) to present it. Six days later, the Attorney General's Office (FGR) filed a challenge against the provisional suspension of the GN reform. A federal judge attached to the Ninth District Court in Guanajuato was the one who received the official letter, which was remitted to a collegiate court of the same entity.

Source Infobae