The military privilege

National The human rights settle down The military privilege By: Carlos Damian August 19, 2012 The determination is a demarcation to the privileges of the military ones Mexico. – The judges in functions of the Supreme Court of Justice of the Nation (SCJN, in Spanish) it determined that any crime made by a military one and that it “doesn't affect the juridical goods (of the weapon to the one that belongs), or the military discipline” it should be known by public servants they are already federal or civil judges. The substance of the sentence implies that the infractions made for uniformed are not related with the military discipline, even if there are not civilians involved in the illicit one, they should be judged outside of the military courts. The decision was made in the picture of the case 60/2012, related with soldiers that accused of possession of marijuana to civil, which demonstrated that the military ones had incurred in falsehood of declarations, for what the maximum tribunal of the country established that that last crime will be seen by a civil judge of the federal environment. The privilege of the military one The determination of the SCJN is, because an additional demarcation to the military jurisdiction whose unjustified width gives margin for the impunity and it constitutes one of the main obstacles at the present time to combat the violations to the human rights on the part of military personnel one. Such violations, like we know, they have been increased in alarming form in the picture of the official strategy against the organized delinquency. In fact some social organizations have pointed out that in a region in that that have been mobilized to the armed forces, has taken the worst part in the confrontations and in the abuses of both parts. Extrajudicial executions, “collateral” deaths, illegal privations of the freedom, cases of torture, transgressions, lesions, robberies and other violations have been imputed by those affected to troops of the armed forces without an impartation of regular justice has proceeded, due to the opacity and the discretionarily that it allows the military jurisdiction military one. Apart from this, the own armed institutions of the country have suffered a significant damage in the credibility and the trust that should inspire to the civil population and the topic from the respect to the human rights it is already approached with growing frequency by the military controls. Yesterday for example, the director of the School of National Defense, the general Ernesto Aguilera Casados, exhorted to the graduates in one of the masters that are imparted in that facility “to live with merit, respecting the law and the human rights". But, Independently of the necessity that it is inculcated among the troop, the military classes and the officials the full respect to the guarantees and the individual rights, it is necessary to conclude the reformations to the military jurisdiction in order to have a precise and white legislation in this respect. The civilians will judge the crimes of military Any crime that makes a military one, in which they are not affected “the juridical goods”, or the military discipline ", it should be known by the ordinary jurisdiction – it is a federal judge or of the common order -, it determined the petit committee of the SCJN. With this momentous decision the maximum tribunal continued delimiting the matter of the jurisdiction of war, when concluding last Tuesday (8/15/12), when concluding the revision of two conflicts of competences among having military judged and civil, in those that the ministers dictated the first obligatory juridical approaches for the whole system of national justice, to act in case some military one is accused of offending. After last week the full of the judges determined that any presumed one illicit that makes an element of the Army that involves civilians it will be judged by the ordinary jurisdiction, and that no military judge one will be able to know from violations to the human rights, be who is, it was already limited even more the attributions of the military judges, when pointing out for eight votes against two (Sergio Aguirre and Margarita Luna Ramos) -with Fernando Franco's absence - that it is not necessary that a civilian is involved so that a soldier is processed in the common jurisdiction. This way, lieutenant Clemente Hernandez, and soldiers Antonio Moral Martinez and Anibal Gonzalez Rangel will be judged by a federal judge by falsehood of judicial declarations in reports dice to an authority, since they acted as federal public officials in the exercise of their functions, when inventing positions to accuse a civilian of possession of marijuana. The military judges -specified Arturo Zaldivar - they will only be able to know of matters related with protected goods of the military order that affect the discipline and the order that the armed forces require. However, it was again in the air Jose Ramon Cossio standing out who outlined that while we are “in times of peace", that is to say, without there is a declaration of war, without the president of the Republic emits a declaration of suspension of individual guarantees or an ordinance to mobilize to the armed forces for the interior security, all the crimes that make the military ones that are not related with the discipline of the Army should be judged by the ordinary jurisdiction. Additionally it is required, of course, of the political will to fulfill the norms and the jurisprudence. In any way, the bottom solution and necessary it is the retirement of the armed forces of the fight against the delinquency. As it has been pointed out in countless occasions, the military ones are not policemen, they don't have why to be qualified to be it, and their constitutional statute is clear and I specify. To modify their mission takes, to the long one, an unavoidable institutional waste and an erosion of its image among the civilians. (La Jornada, politica, p.p. 4 - 13, August 15, 2012).