VIII Congreso Mundial de la Asociación Internacional de Derecho Constitucional.
Mesa Temática: 6. Estado de Derecho en la era del terrorismo.
Title: The Constitutional Law of the Mexican National Security in the second
decade of the XXI Century: challenges and perspectives.
CECILIA NATALIA DÍAZ AGUILAR (Master in Criminal Law).1
Resume: The product in question shall be a study about the concept of Constitutional
Law of the Mexican National Security and his state in the Mexican law, the evolution of
the concept and the treatment of the theme since the comprehension of the matter’s state
in the year 2010 and analyzing at the same time, the screen in the beginnings of the
second decade of the century XXI.
This analysis will be done through the method inductive and deductive. For its creation
will be taken as a reference the bibliography existent in the issue, also the secondary
Law derivates from the Constitutional Mexican Law in the issue of national security in
the first decade of this century and finally, and since this study, I will be able to define
the challenges and the perspectives for the Constitutional Law of the Mexican National
Security, designing conclusions toward the improvement of the issue’s state.
The theme of this Workshop is about the State of Law and the terrorism in this century,
following the perspective of the Constitutional Law. When the coordinators accept the
proposal of writing about this theme, the challenge seems to be enormous. And it was.
The challenge of understanding the characteristics of the Mexican Constitutional Law in
the beginning of the second decade of the century and to develop an accurate research
Professor at the UNIVERSIDAD JUÁREZ AUTÓNOMA DE TABASCO. DIVISIÓN ACADÉMICA
DE CIENCIAS SOCIALES Y HUMANIDADES. Contact: e-mail: firstname.lastname@example.org,
email@example.com y telephone: 01(993)3-58-15-00 extensiones 6087, 6088 and 01 (993) 3-52-
about the theme and design the perspectives means that I am able to explain the
characteristics of the Mexican Constitution and its treatment about the national security.
In this work, we are going to study the history of the national security in the Mexican
Constitution, the process of incorporated the concept to the Highest Normative in this
country and its secondary legislation. Also, we are going to study the both sides of the
national security in México: civil and military, and of course, the necessary reflection
about the observance of the Human Rights and the Personal Warranties established at
the first chapter of the Mexican Constitution.
Finally, we are going to be able to understand the actual challenge of Mexico: human
rights, Constitutional Law, National security and the increasing state of the criminal
question at this moment in the history of this country.
Never and ever Mexico had known so high degree of violence in all its levels: physic,
emotional, psychological, institutional; violence directed to population, to police, to
Law’s Agents, emanated from the Modus Operandi of the Criminal Organizations better
known internationally as Drug’s Cartels. Any country in this world had faced ever
before such high danger to its government order, political system and in generally, it
The limits of the Criminals Organization’s performance seem not to have any end. The
Constitutional Order seems in a several risk into suffer a mutation to a police state or a
criminal state. Both are the different faces of the same screen.
I hope this work could give us the possibility of design a better perspective for the
trouble in question.
2. Development of the State of the Question.
The introduction of the concept National Security in the Mexican Constitution is recent.
During a lot of years, the National Security was only a issue for few selected people: all
those belong to the spheres of the political power, which have a very special talent to
research, watch or spy without being discovered, or any other capability which was
especially appreciated for the Statu Quo in a determinate time of the political history. Or
in some cases, the Mexican intelligence organs were agencies of employment for people
which doesn’t have any attribute in particular except a talent to be especially obedient.
This introduction obeys at the fact that the Mexican National Security concept was
absolutely subordinated to the politics during several generations: specifically, at the
priista regimen. All the operators of the electoral process which were recruited by the
PRI during the promotions to the vote were incorporated to the Secretary of
Gobernacion. In those times, the political power was absolute and its stability rests over
the State Control over society, politicians and entrepreneurs based on the information
about their privates lives, dirty secrets and the surveillance physical or the following
trough the diaries, radio and several sources of data, which doesn’t deserve being called
intelligence as the way as we known the concept in the modernity.
And despite the changes of the name of the party at the Mexican rule, the situation of
the National Security has not change in several points: the following to the political
national screen goes through the gossips about the private life of politicians, the weak of
the political enemy, the risks of defeat in the future electoral process and the
employment of the militants of the party at the power. All those were the constants
which has been translates to the modern way to make intelligence for the National
Security in the facts.
In the Law, the National Security now has a concept of its own. Agree to the Mexican
National Security Law, the National Security is defined as:
“...To the effects of this Law, for National Security is understood the actions destined
immediately and directly to keep the integrity, stability and permanency of the Mexican
State which produce to:
I. The protection of the Mexican Nation in front of the menaces and risks that has
to affront our country;
II. The preservation of the sovereignty and national independence and the Land’s
III. The keeping of the constitutional order and the strengthened of the national
IV. The keeping of the unity of the Federation’s parts integrants designed in the
article 43 of the Mexican United States Political Constitution;
V. The legitimism defense of the Mexican State respect from another states or
subjects of International Law, and
VI. The keeping of the democracy, based on the social, economical and political
development of the country and its habitants…”2
As the matter of fact we can appreciate that the concept neither is diffuse, because the
Law at we refer only the concern to the National Center for Investigation and Security
(CISEN) nor for the others sectors of the National Security. The Organic Law for the
Mexican National Army and Air Force says that the issues which are going to be
produces for the Mexican States are missions for the Mexican Army and Air Force,
accord to the Article 1/o:
I. To defend the integrity, the independence and the Nation’s sovereignty;
II. To guaranty the Inner Security;
III. To help to the Civil Population in cases of public neccesities;
IV. To realice civic actions and social works which give progress to the country;
Federal Executive Power. National Security Law. Published at the Mexican Federation Official Diary the
January 31th 2005. Poder Ejecutivo Federal. Ley de Seguridad Nacional. Publicada en el Diario Oficial de la
Federación el 31 de enero de 2005. Con Reformas. México, 2010. Traducido por la ponente del español: Artículo
3.- Para efectos de esta Ley, por Seguridad Nacional se entienden las acciones destinadas de manera
inmediata y directa a mantener la integridad, estabilidad y permanencia del Estado Mexicano, que
I. La protección de la nación mexicana frente a las amenazas y riesgos que enfrente nuestro país;
II. La preservación de la soberanía e independencia nacionales y la defensa del territorio;
III. El mantenimiento del orden constitucional y el fortalecimiento de las instituciones democráticas
IV. El mantenimiento de la unidad de las partes integrantes de la Federación señaladas en el
artículo 43 de la Constitución Política de los Estados Unidos Mexicanos;
V. La defensa legítima del Estado Mexicano respecto de otros Estados o sujetos de derecho
VI. La preservación de la democracia, fundada en el desarrollo económico social y político del país
y sus habitantes.
V. In case of disaster, to lend help for the maintenance of the order, help to the
people and its goods and the reconstructions of the affected zones3.
As we can appreciate, there is a confusion between the objectives of the National
Security and the missions of the Mexican Army and Air force, because the National
Security Law does not contemplates the concept as a particular situation, even though as
something derivate from several actions of the Mexican Government without establish
clearly what areas are going to be responsible for the duties that the Law. At this time, a
proposal to reform the Law is still in the Mexican Congress, because of the calendar at
the Legislative Power.
The necessary precedent of this Law rests over the Constitutional Law, the maximum
legal order in Mexico. The essence of the Mexican nation is only one and due to this
fact indivisible (Art. 2o., Mexican Constitution).
As we know, the national identity is the key for the indivisibility and unity. Accord the
second article, this identity rests over the pluricultural composition based originally in
its native’s peoples which are those which descends from populations which lived in the
modern’s territory of the country at the moment of starting the colonization and that
keeping their own social, economical, cultural and political institutions or part of them.
This conscious of the cultural diversity of the Mexican Nation based originally in their
native’s peoples most be a fundamental criteria to determine the people which applies
the dispositions over those peoples.
As the matter of the fact, the Mexican national Security perception has change along the
decade of the 90’s: the Zapatista Movement in 1994 surprised the Mexican security
system, transform the perception of the society about the government and introduce new
ways to think and to develop the democracy.
Once of the public areas which suffer more transformations were precisely the Areas
with functions of protecting the Mexican National Security Sector. The transformation
of the sector was accomplished for the support of the Unites States in several times in
Federal Executive Power. Law Organic of the Mexican Army and Air Force. Published in the Official
Diary of Federation on December 26th, 1986.
many ways and situations of the Mexican Public Life. As an example, the international
cooperation to fight drugs trafficking has been a constant during the last twenty years
through agencies as the Drugs Enforcement Agency (DEA) and the Federal Bureau of
Investigation (FBI) with the Mexican Procuraduría General de la República and its
different versions of the Central against drugs.
The Political in the area has suffered many transformations. The Merida Initiative
created a new paradigm in the issue of the cooperation because the necessity of
strengthen efforts in the fight against the mobs.
The programs supporting the historic Mérida Initiative are designed to counter the drug-
fueled violence that has threatened citizens on both sides of the border. The Strategic
Framework for implementing the myriad of Mérida Initiative activities and programs is
referred to as the Four Pillars, each of which pulls together Mérida programs under
strategic objectives. Taken together, these four objectives will strengthen both of our
societies in the fight against organize crime and violence and will help drive the
transformation of our bilateral security relationship4.
1. Disrupt Capacity of Organized Crime to Operate.
2. Institutionalize Capacity to Sustain Rule of Law.
3. Create a 21st Century Border Structure.
4. Build Strong and Resilent Communities.
PILLAR ONE – Disrupt Capacity of Organized Crime to Operate.- Accord to this
objective, the alliance has the purpose of diminishing the power of Mexican organized
criminal groups by systematically capturing and incarcerating their leaders and by
reducing drug trade revenues by interdicting drugs, stopping money laundering, and
diminishing production. Through equipment, technology, aviation, and training, the
Mérida Initiative will support better investigations, more captures and arrests,
successful prosecutions, and shipment interdiction.
PILLAR TWO – Institutionalize Capacity to Sustain Rule of Law.- The second
objective is enhancing the capacity of Mexican public security, border and judicial
U. S. Ambassy. The four pillars of the Merida Initiative. Consulted on August 31th, 2010. Vid:
http://www.usembassy-mexico.gov/eng/merida/emerida_factsheet_fourpillarscooperation.html at 11:21
institutions to sustain the rule of law. Mérida Initiative programs will strengthen the
capabilities of key institutions to improve internal controls, further professionalize the
military and police, reform corrections institutions, and implement justice sector reform.
PILLAR THREE – Create a 21st Century Border Structure
Facilitate the legitimate commerce and movement of people while curtailing the illicit
flow of drugs, people, arms, and cash. The Mérida Initiative will provide the foundation
for better infrastructure and technology to strengthen and modernize border security at
northern and southern land crossings, ports, and airports. Professionalization programs
will transfer new skills to the agencies managing the border and additional non-intrusive
technologies will assist in the detection of criminal activities.
PILLAR FOUR – Build Strong and Resilient Communities
Strengthen communities by creating a culture of lawfulness and undercutting the lure
and power of drug trafficking organizations. By implementing job creation programs,
engaging youth in their communities, expanding social safety nets, and building
community confidence in public institutions.
All those are the challenges of the Merida Initiative. We have to analyze the
repercussions of these points over the Constitutional Mexican Law.
Despite of that, it’s still in the Mexican Constitution the article 33th, which prohibits
to the foreigner the intervention in political issues of the country, reserving at the same
time, as a exclusive faculty for the Union’s Executive the due to expulse the foreigners
which permanency were considered inconvenient5.
Another issue for the Mexican National Security is the fact that contemplates the
National Sovereignty, specifically the articles 39, 40 and 41, respect to the People and
the integration of the National territory, the composition of the federation and the way
Federal Executive Power. “Article 33”. Mexican Unites States Political Constitution Published at
February 5th, 1917.
The Division of the Powers of the Mexican Government is simple and its based in
the constitutional system of distribution of competences. Accord of that, the Supreme
Federation Power is divided for the practice in Legislative, Executive and judicial. For
this porpoise, the Mexican Law establish the prohibition of joining in one person or
corporation, two or more powers, nor deposit the authority of the Legislative Power in
one human being, except the cause of the extraordinary faculties and only for the
Union´s Executive, in agree what establish the article 29 Constitutional and the
exception set in the second paragraph of the article 131 Constitutional.
At the same time is important to remember the supremacy and permanency of the
Constitutional Mexican Law. It has been invariable along the years and the centuries.
The tradition of the Mexican Constitutional Law has been firmly republican, strictly
federative accord the spirit of the Constituent of 1789 at Paris, France, democratic as the
influence of the Constituent of Philadelphia and openly liberal. The Constitutional
Supremacy is contemplate at the article 136 of the Mexican Constitution, and says at the
“…This Constitution will not lose its strength and effect, even thought when for any
rebellion its observance would be broken. In case that for any other public trouble shall
be established a government contrary to the principles that it sanctions, as soon as the
people recovers its freedom, the Constitution observance shall be restored and in agree
with her and the laws that in its virtue shall be expedite, the people which has figured in
the government from the rebellion and those which were cooperated with them shall be
judges by the Mexican Supreme Law…”6
Federal Executive Power. Article 136. Mexican States Political Constitution Published at february
5th, 1917. Translate from the Spanish for the postulant: Artículo 136. Esta Constitución no perderá su
fuerza y vigor, aun cuando por alguna rebelión se interrumpa su observancia. En caso de que por
cualquier trastorno público, se establezca un gobierno contrario a los principios que ella sanciona, tan
It’s necessary to remember what Ginsburg (2010) sustains:
“…In fact, the theory of a unitary executive has nothing to do with the extent of
presidential power but only with who is to exercise those powers, however broad,
allocated to the executive. Its proponents seek not to evade the limitations of
separated powers, but rather insist— especially when dealing with the other
branches—that the President alone is responsible for the actions of the executive
branch. The idea seems ominous today because so many functions have been
allocated to the now-fragmented executive branch that reuniting it under presidential
leadership seems to the present generation both to enhance presidential authority
unimaginably and to create an unmanageable administrative structure…”7
Despite of the fact of an apparent inactivity in the issue legislative, in the matter of
the Congress Faculties is registered an important evolution. At the article 73 of the
Mexican Constitution, we can find that between the news attributions, accord to the
increasingly interest in the area, the Mexican Congress has the faculty of:
“…Article 73: The Congress has faculty of:
XXIX-M.- To expide laws in issue of national security, establishing the
requirements and limits to the correspondent researches;
luego como el pueblo recobre su libertad, se restablecerá su observancia, y con arreglo a ella y a las leyes
que en su virtud se hubieren expedido, serán juzgados, así los que hubieren figurado en el gobierno
emanado de la rebelión, como los que hubieren cooperado a ésta.
Ginsbourg, Douglas et Menash, Steven (2010). Non delegation and the unitary executive. Vid:
XXX. To send all the Laws which are necessaries for making effectiveness the
anterior faculties, and all the others concealed by this Constitution to
the Union’s Powers.
Despite of that, the article 89th of the Mexican Constitution establishes that once of
the faculties and duties of the Mexican President is:
VI. To preserve the national security in the terms of the Law, and disposal of the
complete Army Force Permanent, by the way, the Army, the Navy and the
Air Force to the Inner security and foreigner defense of the Federation.8
X. To direct the foreigner policy and to celebrate Internationals Agreements,
also to finish, denounce, suspend, modify, correct, to retire formulas and
declarations interpretative over those, sending to the Senate’s approval In
the conduction of that policy, the Head of the Executive Power shall practice
the follow principles: The Independence of the Nations, the not intervention,
the peaceful solution of controversies, the proscription of the threatened or the
use of the force in the international relationships, the State’s Juridical Equity,
the international cooperation for the development and the fight for the Peace
and the security internationals;
Traducido del español: Artículo 89 Constitucional. Publicada el 5 de febrero de 1917, con reformas,
del texto que sigue:
VI. Preservar la seguridad nacional, en los términos de la ley respectiva, y disponer de la totalidad
de la Fuerza Armada permanente o sea del Ejército, de la Armada y de la Fuerza Aérea para la
seguridad interior y defensa exterior de la Federación.
And in issue of the behavior of the Union’s Powers, the Arabic 119th the Mexican
Constitution establishes that:
The Union’s Powers have the duty to protect to the States against over invasion or
foreigner violence. In case of insurrection or internal trouble, they shall receive the
same protection, always that would be excited by the State’s Legislative or it’s
Executive, if those one were not joint.
It means basically, that the Federation has a strict duty to protect the integrants of it
because it’s part of the Pact of the Union, symbol of the Mexican Nation.
The Article 133th establishes the supremacy of the Constitution, the Laws produces
by the Union’s Congress and all the Treaties goes in agree with its Letter. It’s a clause
of congruency. In agree this Arabic, all the Treaties celebrate by the Republic President
with the approval of the Senate, shall be the Supreme Law in all de Union. The Judges
of every State will be arranged to the Constitution, Laws and Treaties; despite of the
contrary dispositions could be in the Constitutions or Laws of every State member of
the Mexican Federation.
After study the Constitutional base of the Mexican National Security lets to develop
the state of the Question, the challenges and perspectives and the importance of the
intelligence, the counterintelligence and several points as human rights, protection of
the innocents, victims, the right to due process and the research against organized
3. Challenges and Perspectives.
At this moment, we already know the importance of the Constitutional Law and the
bases of the Mexican Nation in the Maxima Law. I’ve already divided the challenges in
the next points:
a. Intelligence and counter intelligence development;
b. International Cooperation against Mobs;
c. Development of a trustable political system;
d. The application of the Palermo Convention;
e. The creation of a true witnesses system protection;
f. The learning about the security as a duty of protection by the Operators of
the Mexican Government.
a. Intelligence and counter intelligence development.
We can define the Intelligence activity as the job of the State consistent in the
production of good quality information based in a procedure of identification,
recollection, design of an action plan, analysis, synthesis and use directed to the
choice’s taker in focus a national perspective situation throughout the use of the human
resources, technological innovation, follow up, observation and the rigorous application
of the scientific method to a determinate national’s life issue. The Intelligence is an
interminable labor, which get increased when the information produced is shared with
another agency or specialized personal.
Intelligence is the key to the protection and security of the Modern States. Without her,
nothing is possible; because its use is completely agree with the good choices of the
Executive Titular. It provides good quality information, when it has the best sources and
better process of those.
The counter intelligence, by the way, is the twin sister of the intelligence and at the
same time, the side of the mirror. Counter Intelligence is the job of the State through
Intelligence organisms to keep safe the intelligence and the information belonging to
several sources. Their labor is intercepting and neutralizes neither foreign nor un-
authorized agents, to investigate about menaces reported from another intelligence
organism and to deactivate intelligence system’s not authorized.
In Mexico, the best organisms of intelligence are the Military Intelligence. The National
Defense Secretary has a wide cover of operations in field and in cabinet, and his work in
the fight against narcotics and Organized Crime is excellent, despite the lack in
resources, the insufficiency in the normative Law about National Security and the
frequents conflicts in issue of Human Rights because of situations derivated from the
application of the Law in Anti-Narcotic Operations. The Civil Intelligence has a wide
budget in front of his effectiveness which has been severely questioned by specialized
press and academic researchers because the lack of the knowledge which base the take
of choices for the Federal Executive. Its labor is reduced to internal policy, the private
life of politicians and the little dirty secrets of academics, journalist, human rights
lawyers, very rich people, artist, writers, Opinion Leaders, etc. That’s the reputation of
the Mexican Civil Intelligence in issue of National Security in all the levels, from states
In front of the challenge of the Organized Crime, civil intelligence can’t allow
itself the luxury of became another white elephant, plenty of budget but obviously
inefficient front the extreme violence of the Organized Criminals. Mexico has several
organizations of this nature, between are upper: Cartel de Juárez, Cártel de Sinaloa,
Cártel de Los Zetas, Cártel del Golfo, Cártel La Sierra, Cártel La Familia Michoacana,
Cártel Pacífico Sur, Cártel del Occidente and many people think that the Cartels of the
Norwest of this country have created an oursourcing called Federation of Narco,
apparently with some inner troubles reflected in the high numbers of executions,
missing people, kidnappings, homicides, and lately, obvious manifestations of narco-
This point conduce us to the next parameter: the necessity of Mexico to get in
the international Coooperation against Mobs as the only way to garantize the success of
strategies of global intelligence against narcotics Organized Gangs.
b. International Cooperation against Mobs;
Mexico needs getting a better relationship with their pairs in the issue of the combat
against organized crime because, as we can see, the Mexican Constitution gives strength
of Supreme Law to all those Rules agrees to the sense of the Mexican Maxima Letter
throughout the Article 133th and the Approval of the Senate. Despite of that point, there
are several points which has not been accomplished by Mexican authorities like the
Watched Deliver, the Protection of Witnesses, the undercover international operations
with agencies inside Mexican territory, and the practice of the protection for Law’s
We need to increase the relationships of cooperation in drugs fights but with a
strong sense of trust, reliability, courage and the hope of trusting in a Mexican
authority’s trustable. This is the biggest challenge for Mexican Government: to became
trustable again. The corruption scandals occurred in areas so sensitive like the SIEDO
from the PGR during the administration of Noe Ramírez Mandujano, gave to the
international and national perception of increasingly PGR (Mexican Attorney) weakness
in front of the phenomena of infiltration and cooptation by the Organized Mobs.
This distrust in the Mexican attorney has reached the academic environment, reason
which has affected the relationship of the section scientific and educational of the
authority with Universities, Centers of Investigation, Institutes Particles, Organizations
of Human Rights apologist, between others, increasing the cooperation and the
interchange of information of value between dependences educative and the authority
This point necessary conducts us to the point C: the development of a trustable
c. Development of a trustable political system;
The Mexican Constitution establishes the bases of the Political System which rest in a
system of balances and Powers. The form of Government is the Republic Federated,
Democratic and Representative. Cases like the story of Julio Cesar Godoy Toscano, the
deputy of the Partido de la Revolución Democrática, persecute by the Federal Attorney
– Procuraduría General de la República – for different criminal charges and despite of
that fact he had taken his representation in front of the Union Congress reveals the level
of the infiltration done by the Organized Mobs inside the Mexican Political System.
A few years ago, the accusation against Carlos Cabal Peniche, who pays the guilt to
finance political campaigns in the Mexican Southwest with non cleared founds became
the first and most relevant antecedent of money operations over a Mexican citizen,
which has spent many years of his life and resources in neutralize the weakness
accusations done by the nineties decade. Now, the evidence appoints to the Deputy
Godoy, and a constitutional process is followed against him to retire the protection
customary that belongs to his high investment.
Once of the convincing evidence use by the Attorney of SIEDO-PGR is a record
between the Deputy Godoy and a much known criminal, Santiago Gómez, (a) “La tuta”.
This oral evidence is a piece of a summary against the Deputy indicted by the authority,
because of the protection and support received from the Familia Michoacana.
The tools used by the Attorney are limited, because the same nature of Mexican
Legislation. The base of the actuation of the PGR is the article 16th and 133th
constitutional, which establishes the procedures for research Organized Criminal
Groups as the intervention of telephones, the records, the intervention of electronic
communications, the register of communications intercepted, between others which by
their nature are dangerous, like Arraigo.
The Mexican Arraigo is a kind of arrest of a person in a safe place meanwhile the
accusation of the Attorney is building. This practice has not well recommended in the
international community, and Mexico has been exhorted to take off from the legislation
this figure because it damages human rights and the right to the Due Process, also the
presumption of innocence. And it’s true.
By the way, this point takes us to the next point: the application of the Palermo
Convention. The sense of this important document never will be completely well
pondered, because its transcendental importance in the World of fighting Mobs.
d. The application of the Palermo Convention.
At the year of 2010, only 19 from the 157 countries that had signed the Palermo
Convention had used its tools for fighting the organized crime9. By the way, the
global menace that would have become the Mexican Mob to other countries of the
world had increased the necessity of growing up the cooperation between
governments and agencies.
In Mexico, we need to improve the application of the figures as the Surveillance
Deliver, the Undercover Agent, the Infiltration and the most important of all: the
witness’s system protection.
e. The creation of a true witnesses system protection;
Notisistema Agency. “ONU llama a respaldar la Convención de Palermo para combatir el
crimen organizado” Vid sitio: http://www.notisistema.com/noticias/?p=308605 consulted
October 18th, 2010.
One of the weaknesses of the Mexican Security System is the program or Witness
Protection. The vulnerability reached by those persons, once that had testified against a
Mob or a determined person, is highly dangerous. Mexican State has not the ability
absolute to protect this people as maybe the Justice System’s Operator would like
doing, which is also a legal duty for the State, establish as that in the article 20th
Constitutional, apart C, specifically where it says:
Article 20.- The Criminal process will be accusatory and oral. It shall be reign by
the principles of publicity, contradiction, concentration, continuity and mediation.
C. From the rights of the victim or the ofendid:
V. The keeping of his identity and other personal data in the next cases: when they
were minors; when the cause will be over crimes like rape, kidnapping or organized
delinquency; and when at opinion of the Judge it would be necessary for his
protection, protecting in all cases the rights of the defense.
The Attorney should guaranteed the protection of the victims, offended, witnesses
and generally, all the people which have intervention in the process. The judges should
watch the good observance of this Duty; ...”
VI. Plead the care measures and necessaries providences to achieve the protection
and restitution of his rights…The learning about the security as a duty of protection by
the Operators of the Mexican Government…”10
By the way, the Mexican system of protection seems more a system of paid informers
than a real system of protection. The agreements published by the General Attorney, the
high level of deceases between the protected witnesses in the Mexican systems, and the
social stigmatization of the witness takes off trust and strength to the system.
Finally, the last point of this work remains in the increasing of the protection abilities of
the Mexican Law’s Agents as a way to get good results in the fight against crime. Even
in the National Security system or in the police system, the Mexican Agent doesn’t have
the ability to protect others, because since the academy the priority is based in the
keeping and prolongation of the Power, seen as a political faculty as a development of
his or her job. This power gets strength with the power of punish. This is de perspective
of the police education in Mexico.
Meanwhile the priority of keeping safe the national security does not goes from a real
concern for the individual, for the Mexican as a being plenty of human rights and duties,
we are going to see this screen of social decomposition, inability of response and virtual
loneliness in the international community, when precisely what Mexico needs in this
moment of its history, ever than never, is the sense of belonging and the pertinence to
the International Community for the strengthened of his sovereignty and the capability
Executive Federal Power. Mexican Constitution Political. Federation Diary Oficial. February 5th, 1917.
of protection of the human beings and the national security in an environment of respect
to the human rights, the Law and Peace.
Bibliography and sources:
Federal Executive Power. Mexican Unites States Political Constitution Published at
February 5th, 1917. With Reforms.
Federal Executive Power. Law Organic of the Mexican Army and Air Force. Published
in the Official Diary of Federation on December 26th, 1986.
Federal Executive Power. National Security Law. Published at the Mexican Federation
Official Diary the January 31th 2005. Poder Ejecutivo Federal. Ley de Seguridad
Nacional. Publicada en el Diario Oficial de la Federación el 31 de enero de 2005. Con
Reformas. México, 2010.
Ginsbourg, Douglas et Menash, Steven (2010). “Non delegation and the unitary
U. S. Ambassy. The four pillars of the Merida Initiative. Consulted on August 31th,
2010. Vid: http://www.usembassy-
mexico.gov/eng/merida/emerida_factsheet_fourpillarscooperation.html at 11:21