Mexico’s Supreme Court of Justice of the Nation (SCJN) has ruled on the jurisdiction of indigenous people in detention. The court concluded that the possible competence of indigenous jurisdiction in a criminal matter does not prevent the control judge from resolving urgent proceedings related to the legal situation of detained individuals, including their link to the process.
Indigenous Jurisdiction and Legal Proceedings
The case involved three individuals from an indigenous community in Oaxaca who were arrested for the alleged crimes of carrying firearms without a license and carrying firearms for the exclusive use of the Army, Navy, and Air Force. During the initial hearing, the defense argued that the case should be handled by community authorities, in accordance with the internal normative system of their community.
The control judge agreed that the matter fell under indigenous jurisdiction and, without ruling on the request for a link to the process, ordered the immediate release of the accused individuals. However, this decision was overturned on appeal, as it was determined that before declining jurisdiction, the control judge should have resolved urgent proceedings arising from the detention, as per Article 29 of the National Code of Criminal Procedure (CNPP).
Supreme Court’s Decision
The Supreme Court explained that the constitutional recognition of the self-determination, autonomy, and jurisdiction of indigenous peoples and communities must be harmonized with the obligations set forth in Article 19 of the Mexican Constitution and the urgent proceedings regulated by Article 29 of the CNPP. When a detained person is placed under the control of a judge, their legal situation must be defined in a timely manner, even if there is a dispute over the competent jurisdiction.
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This ruling is significant as it acknowledges the importance of indigenous legal systems while also ensuring that the rights of detained individuals are protected under Mexican law. Indigenous communities in Mexico have long sought recognition of their traditional legal practices, and this decision represents a step towards reconciling these systems with the national legal framework.
The Court clarified that the decision to link an individual to a process does not constitute a conviction or definitively determine criminal responsibility. It also emphasized that the determination of competent jurisdiction and the decision on the link to the process are separate legal issues. When sufficient evidence exists, a judge may resolve both matters in a single decision: first, the legal situation of the accused individuals, and second, whether the case falls under ordinary or indigenous jurisdiction.
Intercultural Perspective and Access to Justice
The Supreme Court stressed that these decisions should be made with an intercultural perspective, taking into account the community affiliation of the individuals involved, applicable internal norms, and respect for human rights. To ensure full access to justice, the Court ordered that the ruling be translated into the language of the indigenous individuals involved.
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