John M. Ackerman
http://www.proceso.com.mx/rv/modHome/detalleExclusiva/90609
MEXICO CITY, April 25 .- With the new version of the National Security Act, intended to be covered in an avalanche of opinions to be adopted in the coming days the House of Representatives, seeks to open the door to free establishment of a military government in the country. Instead of listening to the popular claim of "no blood +" and start building a path for the withdrawal of the Armed Forces of the streets and establishing an exercise in accountability to civilian courts, Felipe Calderon is determined to standardize and extend the new role of the military direct control over the population.
The real nut of this reform, which has been negotiated in secret between the armed forces, the Presidency and some sectors of the Partido Revolucionario Institucional (PRI) is the new definition of "peace" included. The opinion contains argumentative gems like this: "Peace must be interpreted as anti-war status, but not as the exempt status of various conflicts or disorders of varying risk. The Constitution does not expressly state that there are different "levels or degrees 'of peace, so you should not interpret this concept in' black and white." There are the most varied shades of gray, peace in every place and time is relative. "
These absurd juggling so dangerous that suggest the existence of a "peace conflict ", they ignore the macabre objective as stated in Articles 29 and 129 of the Constitution. In the first, the Constitution allows the temporary declaration of a state of emergency only against cases of "serious disturbance of public peace." In the second, the Constitution states categorically that "in peacetime, military authority may exercise any functions other than those that are directly connected with military discipline." The case law (Thesis 38/2000) is also explicit in stating that military forces can only work in aid of civil authorities, and not a substitute for or supplement their constitutional functions.
But Calderón has already shown that not paying much attention to what the Constitution says. Nor has the social and political legitimacy required to make amendments to the Constitution. So, as happened with the oil reform, and more recently with the labor reform, the National Action Party and the PRI is pushing his agenda proposed by way of an amendment to a law school trick that supposedly allow a reinterpretation of the Constitution .
Worryingly, the new Homeland Security Act also seek to eliminate the possibility of prosecuted in civilian courts to military personnel who commit crimes against the population. Pursuant to a series of recent decisions of the Inter-American Court of Human Rights, the bill passed the Senate stated that "conduct that (the military) made and could constitute a crime, affecting civilians, will be prosecuted and sanctioned by the competent courts in strict observance of the principles of objectivity, independence, impartiality, in accordance with Article 13 (which relates to the jurisdiction of the 'civil authorities') and 133 (which gives international treaties the status of 'supreme law') constitutional. " However, the opinion of the deputies said that the crimes of the military will only be prosecuted and punished "in accordance with legal regulations that govern them." In other words, will the Code of Military Justice, the only instrument to be applied.
The opinion will be discussed in committees includes provisions that would allow military commanders free of civilians to become "responsible coordinators" to "effects on the national security." So, the soldiers are no longer only "ancillary" subject to the orders of civilian control, but would be directly in charge of the "war" Calderón. In this way, will no Genaro García Luna and Marisela Morales makers informed about the security of the nation, but Gen. Guillermo Galvan and Mariano Saynez admiral who directly assume the public and political leadership strategy public safety. Hence, only missing one small step for these powerful military commanders to take direct command of the whole country from Los Pinos.
Other details are problematic new opinion as authorizing the military to assist with the PGR in arrests and searches, conducting "operations surveillance and monitoring "and establishing roadblocks indiscriminately. It also authorizes the military to expand delivery to the PGR of the criminals arrested "red handed" in order to "protect the physical integrity of the authority." Likewise, the new eighth chapter of the law dramatically expands the powers of the President to use armed forces unilaterally when there are "threats from abroad." So enough with the participation of a pair of Colombian drug traffickers in an act of violence to realize their dream Calderón "shoot missiles" against anyone who is put in front.
But perhaps the most disturbing element of the proposed reform is the authorization contained in Article 74, VIII for the involvement of the Armed Forces in the suppression of "actions related to movements or conflicts of a political, electoral or social nature "when they constitute a" challenge "or" threat "to the country. These terms are defined respectively as an "obstacle" that "affects all or part of integrity or stability of the Mexican State" and one that "threatens the continued existence of the state or Mexican." Apparently, Calderon was inspired by the violent response that the general has given Gaddafi Libyan rebels.
Peace can not be tempered, negotiate or be left to the military or Calderon. I hope that Members act and defend the state institutions and the Constitution before the real "danger to Mexico" to materialize through a military coup.
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