An Administrative Impasse in the Procurement of Justice
The creation of a Prosecutor’s Office Specialized in Torture Investigation in the state of Jalisco is in legal limbo due to a critical procedural delay. Although the State Legislative Branch and the majority of the City Councils have given their constitutional endorsement, the effective implementation of this body is paralyzed. The cause lies in the non-publication of the corresponding decree in the Official State Newspaper, an essential formal step for any reform of this nature to acquire full legal validity and obligation.
This scenario originates from a mandate from the Supreme Court of Justice of the Nation (SCJN), which ordered the institution of this specialized body. In response, the Jalisco Congress approved the reform on May 29. Said resolution established that, once the constitutional modification came into force, a period of 180 calendar days would be granted for the deputies to make the necessary adjustments to the secondary legislation, an essential technical process to provide clear tools and powers to the new prosecutor’s office.
Compliance with Constitutional Requirements and Validation
As it was an amendment to the state charter, the process required the support of at least 63 of the 125 municipalities that make up the entity. This requirement was satisfied and, subsequently, the local Congress itself validated and accepted these approvals on August 27. With this act, all the legislative requirements demanded by law were fully complied with. However, the minute of decree that materializes this creation has not yet been disclosed in the official dissemination organ of the state government. Consequently, the 180-day period for legal adjustments has not even begun to run, generating a significant stagnation.
When asked about this, the coordinator of the Citizen Movement bench, José Luis Tostado, stated: “There will be some reason why (the minute on the Prosecutor’s Office against torture) has not been published, that is what we will have to verify, that and other issues that are surely in the process after what the Legislature resolves”. In subsequent statements, he added: “As of today, at least as of today, I am not aware that it had been published, there will be some reason for it; we comply with our legislative process and we will have to follow up on the issue.” These statements underscore the disconnect between the legislative branch, which has done its part, and the executive branch, responsible for publication in the official gazette.
The Domino Effect in Other Urgent Reforms
This delay not only impacts the fight against torture, but also has a chilling effect on other priority initiatives in the area of justice and human rights. According to sources from the local Congress itself, as long as the Prosecutor’s Office against Torture is not finalized, a parallel reform that would allow the creation of a Special Prosecutor’s Office for Missing Persons cannot advance in the Legislature. This latest initiative, promoted by the Labor Party deputy, Leonardo Almaguer, and by various groups of victims, is considered equally crucial to address another serious humanitarian crisis in the entity.
The situation described exposes a fragility in the coordination mechanisms between the powers of the state and the different levels of government. Failure to publish, whether due to administrative negligence, lack of capacity or less transparent political reasons, undermines the effectiveness of judicial and legislative decisions. This impasse deprives the citizens of Jalisco of strengthened institutions specifically designed to investigate, prosecute and punish two of the most serious human rights violations: torture and forced disappearances. Speed in publication is not a mere formality, but rather the sine qua non condition for the rule of law to materialize and for victims to be able to access the justice that has been promised to them.
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