Overview
- The full court approved, without debate, Chief Justice Hugo Aguilar Ortiz’s proposal finding no legal impediment to Minister María Estela Ríos González’s participation in expediente 3/2023.
- Aguilar argued that Ríos’s 2022 communiqué backing automatic preventive detention was issued in her official executive role, not personally, and bears no direct relation to the specific issues in the current case.
- The court noted the communiqué predated both the Inter-American Court’s 2023 judgment and the opening of expediente 3/2023, undercutting claims of prior judgment on the matter now before the bench.
- Petitioners Daniel García Rodríguez and Reyes Alpízar Ortiz—who spent 17 years in pretrial detention and are central to the Inter-American ruling—had sought to recuse Ríos as rapporteur and voter.
- With the recusation rejected, Ríos will present the project outlining how the Federal Judiciary should implement the Inter-American Court’s order to eliminate arraigo and adapt Mexico’s rules on automatic preventive detention.