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The Supreme Court of Mexico opens a debate to review the controversial reform of the Judiciary

The Supreme Court of Justice of the Nation (SCJN) of Mexico opened a controversy this Thursday to decide whether it has the power to review the constitutional reform to the Judiciary of the Federation (PJF), which seeks to elect judges and magistrates by popular vote.

The decision, which was given after a majority vote of eight votes to three, admitted one of the challenges of judges and magistrates against the aforementioned reform, to analyze whether the high court can review the constitutional amendment.

The controversial judicial reform, promoted by former President Andrés Manuel López Obrador (2018-2024) and promulgated on September 15, has raised criticism from various international organizations that claim that the rule of law in the country is at risk.

The Plenary of the SCJN agreed to open a dispute of those provided for in the Organic Law of the PJF, originally created to resolve conflicts within said Power.

“For this Plenary, there is no doubt that fraction XVII of article 11 is the ideal way to process a petition such as the one that motivated this consultation, that is, one in which justice makers ask this Court to verify whether the reform of the Constitutional text published on September 15, 2024, is compatible or not with judicial guarantees and principles, including the division of powers, judicial independence, as well as those inherent to the Constitutional Rule of Law,” the judgment points out.

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The aforementioned amendment will cause more than 1,600 judicial positions to be elected by popular vote, in elections, a system that leaves the members of the PJF in a situation of uncertainty.

Can the reform of the Judiciary in Mexico be reviewed?

Prime Minister Piña Hernández, rapporteur Juan Luis González Alcántara, Jorge Mario Pardo Rebolledo, Margarita Ríos Farjat, Alfredo Gutiérrez Ortiz Mena, Luis María Aguilar Morales and Javier Laynez Potisek voted in favor of the project.

While ministers Lenia Batres, Yasmin Esquivel and Loretta Ortiz, related to former President López Obrador, voted against.

Batres defended that the Supreme Court “does not have the power to submit to review changes to the Constitution approved by the Legislative Branch because it would violate the principle of constitutional supremacy, as well as the division of powers and the Constitutional Rule of Law.”

The minister also said that the SCJN “is attempting a coup d’état,” it seeks to act in a tyrannical and despotic way since it intends to give itself the power to revise the Mexican Constitution.

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Sheinbaum supports the reform

The president of Mexico, Claudia Sheinbaum, defended last Tuesday, during her inauguration, the reform of the Judiciary and pointed out that it is not “authoritarianism” but, in essence, it is democratic.

“How is a decision going to be authoritarian that, in essence, is democratic and allows the people to decide?” the president said during her speech in the Mexican Congress.

He said that the objective is to end corruption in the Judiciary and for this, he recalled, there will be a single call in addition to a selection committee of candidates to ensure that they meet the requirements.

“And who will decide? It will be the people,” he emphasized.

He also took the opportunity to tell the workers of the Judiciary that their rights and salaries “are fully safeguarded.”

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International

Guatemala considers sending high-risk gang members to military prisons

Amid the escalating crisis in Guatemala’s prison system, the government is considering transferring high-risk gang members to military-run detention facilities, a move that analysts say could help address overcrowding and the lack of control in civilian prisons.

The debate has gained urgency following the killing of ten police officers by gang members, reportedly in retaliation after the government refused to meet demands made by Aldo Dupie Ochoa, alias “El Lobo,” leader of the Barrio 18 gang, which authorities identified as responsible for the attack.

Guatemala’s Minister of Defense, Henry David Sáenz, told local media that the possibility of relocating high-danger inmates to military brigades has not been formally discussed. However, he noted that the practice is not new to the Armed Forces and said it is something that “was already being done.”

One example is the detention center located within the Mariscal Zavala Military Brigade, in Zone 17 of Guatemala City, where several inmates are held under military supervision. The facility also houses high-profile detainees, including former official Eduardo Masaya, who faces corruption charges.

In 2015, a ministerial agreement authorized the establishment of the Zone Seventeen Detention Center within the brigade, with a maximum capacity of 114 inmates in Area A and 21 in Area B. The agreement specified that the facility would be used exclusively for civilians or military personnel considered at risk of assassination.

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Additionally, since 2010, a prison has operated within the Matamoros Barracks in Zone 1 of Guatemala City, holding dangerous or high-profile inmates. However, media outlets have described these military detention centers as “VIP prisons,” particularly for former government officials such as ex-president Otto Pérez Molina.

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International

Rights group says over 5,000 killed in Iran protests, mostly civilians

A U.S.-based human rights group said on Friday it has confirmed that more than 5,000 people were killed during the recent protests in Iran, most of them civilians allegedly shot by security forces.

Non-governmental organizations monitoring the toll from the crackdown on what have been described as the largest demonstrations in Iran in years said their work has been hampered by an internet shutdown imposed by authorities since January 8. They warned that the actual death toll is likely significantly higher.

The Human Rights Activists News Agency (HRANA), based in the United States, reported on Friday that it had verified the deaths of 5,002 people, including 4,714 protesters, 42 minors, 207 members of the security forces, and 39 bystanders.

The group added, however, that it is still investigating an additional 9,787 possible deaths, underscoring the difficulty of independently confirming information amid ongoing restrictions and repression.

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International

Japan reopens Kashiwazaki-Kariwa Plant despite public concerns

La centrale nucléaire japonaise de Kashiwazaki-Kariwa, la plus grande au monde, a repris ses activités mercredi pour la première fois depuis la catastrophe de Fukushima en 2011, malgré les inquiétudes persistantes d’une partie de la population.

La remise en service a eu lieu à 19h02 heure locale (10h02 GMT), a indiqué à l’AFP Tatsuya Matoba, porte-parole de la compagnie Tokyo Electric Power (Tepco).

Le gouverneur de la préfecture de Niigata, où se situe la centrale, avait donné son feu vert à la reprise le mois dernier, en dépit d’une opinion publique divisée. Selon une enquête menée en septembre par la préfecture elle-même, 60 % des habitants se déclaraient opposés au redémarrage, contre 37 % favorables.

Mardi, plusieurs dizaines de manifestants ont bravé le froid et la neige pour protester près de l’entrée du site, sur les rives de la mer du Japon.

« L’électricité de Tokyo est produite à Kashiwazaki. Pourquoi seuls les habitants d’ici devraient-ils être exposés au danger ? Cela n’a aucun sens », a déclaré à l’AFP Yumiko Abe, une riveraine de 73 ans.

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La centrale de Kashiwazaki-Kariwa avait été mise à l’arrêt lorsque le Japon a fermé l’ensemble de ses réacteurs nucléaires à la suite du triple désastre de mars 2011 — un séisme, un tsunami et un accident nucléaire — survenu à Fukushima.

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