Out of the 11 ministers of the Supreme Court's Plenary Session (SCJN), six out of them voted to announce that the Law on Internal Security contradicts the Constitution.
At the session, the ministers analyzed non-constitutional activities against the indisputable norm, without giving voice.
Eduardo Medina Mora, Jose Ramon Cosio Diaz, Javier Rainer Potisek, Arturo Zaldjvarvar, Alberto Perez Donand and Norma Lucia Pina Hernandez are all involved in the fight against organized crime in the country, which regulate the Armed Forces activities in the past year.
During discussions of non-constitutional actions 6, 8, 9, 10, 11, 16 and 21/2018 submitted by federal parliamentarians and senators, the National Transparency, Internet Access and Personal Data Protection Institute (INAI), the Civilian Movement, the National Commission for Human Rights, Among the actors, legislators consider that the legislature does not have the right to legislate on this issue.
According to Six Ministers, the teaching staff is provided by the faculty of the Armed Forces, provided for in Article 89, Part 6 of the Constitution of the Republic of Kazakhstan, and is unique to the Executive and can not be extended. The legal point is even when there is a law.
In spite of the fact that the ministers who opposed these measures can use the Armed Forces to combat specific crimes, such an order will be limited only to the President of the Republic.
Apart from these arguments, Minister Medina Mora has shown that if the law was passed, the local authorities responsible for public safety might abandon their responsibilities in this regard.
This Thursday, ministers will decide to abolish all norms. Eight ministers have to choose this position as a security law is generally invalid.
Minister Jorge Mario Pardo announced that some provisions of the project were invalid on the eve of Rebolleo. If normative acts are recognized invalid, they will be discussed.
In the document, the Minister recommends, for example, to consider invalid articles referring to the "defense" of the Armed Forces on issues of public security while considering national security.
However, this project has been criticized by national and international civil society organizations, believing that the law will restore militarization of security issues in Mexico.
In addition, the law may be an incentive for human rights violations.
It should be noted that after the announcement of December 2017, President Enrique Peña Nieto stated that this provision would not be applied until the SCJN declared its constitutionality.