The Due Process of Law Foundation (DPLF), together with the University of Seattle Human Rights Clinic filed an amicus brief in the First Chamber of the Mexican Supreme Court in the detention case of Hugo Sanchez Ramirez.  In the brief, they analyzed the Constitutional limits of Mexico’s detention power in light of the American Convention on Human Rights and the international interpretations that the Inter-American Court of Human Rights (IACHR) has given to the rights to movement and personal freedom.

The Mazahua indigenous youth Hugo Sanchez Ramirez was illegally and arbitrarily detained on July 21, 2007, after which two charges were initiated against him for the alleged possession of a firearm for exclusive use by the army, navy, and air force without a license and for the alleged crime of kidnapping. The arrest and detention happened as a result of “suspicious behavior” while driving in an area where crimes had been committed. The arrest is in violation of the right to movement, personal freedom, and the presumption of innocence required of Mexican authorities by Constitutional and international obligations.

The amicus brief analyzes the right to movement and personal freedom in relation to the various national and international obligations of the State and in the light of the recommendations of the various human rights bodies worldwide. The brief puts particular emphasis on the need for strict rules regarding limitations on the aforementioned rights in order to guarantee the rights of citizens. The amicus presents the requirements set by international case law and national legislation and the grounds on which such requirements may be omitted, in order to ensure the legality of the arrest and thereby protect the right to personal freedom. Additionally, it highlights the need to have mechanisms for judicial review of the legality of detention and in this way ensure the presumption of innocence that should be guaranteed to all detainees.

DPLF and the University of Seattle Human Rights Clinic found that Hugo Sanchez Ramirez’s detention did not comply with judicial guarantees granted by international treaties, the Mexican Constitution, or international jurisprudence concerning the right to movement and personal freedom.  Additionally, they requested that the Supreme Court of Mexico establish clear rules regarding arrest procedures in the country to eliminate the inconsistency between the legal interpretation of the obligations and the actual practice of detention procedures.  Finally, they requested that the Supreme Court declare Hugo Sanchez Ramirez’s innocence and order his immediate release.