Beyond informal detention: the view of a woman who has lived through the irregularities of the penal system

Amairani Luna’s right to a fair trial as accused of an unproven crime did not stop being violated even when she was out of preventive detention (Photo: Jovani Pérez/Infobae México)

The discussion of the unconstitutionality of Informal preventive detention (PPO) has generated a great deal of debate in public opinion and in the political arena.

On the one hand is the positioning of the whole Fourth transformation led by President Andrés Manuel López Obrador (AMLO), whose officers declare that heThe PPO does not violate the Constitution or human rights (HR); its main banner is to be “in favor of the safety of the victims”.

On the other side is Luis Maria Aguilar, Minister of the Supreme Court of the Nation (SCJN), who discussed the project in which he indicated thatThe PPO violates the perpetrators’ right to a fair trial and the presumption of innocencearguments that were supported by several defense organizations and some of the political opposition to the Mexican government.

The debate is difficult and complicated, but the people who survived their criminal proceedings under the PLO remand order, but also on other issues, have an opinion on the issue. precautionary measure ordered by a judge, which do not imply imprisonment of the accused.

Luna Amirani, is part of that population and for her, although the solution to guaranteeing human rights is not to have presumed innocent people in prison, nor would it be to remove the figure discussed by the Supreme Court. Amirani said Infobae Mexicobecause your own experience led him to this conclusion.

Amirani Luna was arrested in 2014 when she was just 18 years old while on vacation in Apacingan, Michoacán. He asserts that his detention is entirely arbitrary, except that his testimony obtained from acts of torture, corruption and different insults to his integrity.

She was charged with organized crime and carrying a weapon, charges that appear on the list of crimes for which Article 19 by the Mexican political constitution, the preventive measure of imprisonment must be issued automatically without being dictated by a judge. It should be noted that the reform of this article was proposed and promoted by President López Obrador himself in 2019.

Thus, she was transferred to the Federal Center for Women “Noroest” (CEFERESO), Tepic, Nayarit, a prison known as one of the worst prisons for women in Mexico due to the crimes committed against the inmates.

Life in prison on guilty verdicts set for Amairani, yet another violation of his basic human rights (Image: Gettyimages)
Life in prison on guilty verdicts set for Amairani, yet another violation of his basic human rights (Image: Gettyimages)

“When I was there, I started to learn a little more about the law and spent the time writing, suing the principal because they didn’t change our clothes, they didn’t give us sanitary pads, we were not given personal hygiene items; the food sometimes went badThey didn’t give us a job…,” he assured.

She was later transferred to another prison, where the violence did not disappear. Also, it has always been very difficult for his lawyer to get into or stay in touch with his court. It hindered his process quite a bit and then he started doing it fight against the tide with increasing force.

After making four administrative attempts to get the case out of jail — costing him five years in prison — the judge finally ruled. He ordered the trial against him to continue outside prison under eight precautionary measures, including periodic presentation before a judge in UruapanMichoacan. It didn’t matter that she lived in the state of Mexico.

The instructions seemed simple: he was to appear to sign on the first week of every month in Uruapan. It was not at all easy, however: “It was very difficult to be in a place where I have no familyHow are we going to find a job, where are we going to live?”, he remembers wondering at the time.

Amirani commented before Infobae that in addition to her, the compensation was granted to another 120 people who had to sign in the same court as her:

there was relaxation. Had to arrive at 7am to start queuing and finish at 4-6pm. After about a year, people continue to sign, after a year they started to stop doing it

To fulfill the assignment, he spends a month in Uruapan. In the midst of the pandemic, however, it was necessary to moved to Mexico City (CDMX) and they do not comply with the judge’s order. But I had no other he couldn’t find a job which could support her financially in Michoacán. The move has made things far from simple.

“When I went, it was total chaos because of the pandemic, because to get in lawyers had to make an appointment at the court and they gave you a QR to get in. You couldn’t go without it. It was relaxing because During the first year of the pandemic, I usually attended my signingsthe lawyer made an appointment for me and I went but for the next one the lawyer wanted more money and since I didn’t want to give him he was no longer hiring me“.

The zero contact the judge had with her caused the woman to disobey the judge's instructions (Photo: Saúl López/Cuartoscuro)
The zero contact the judge had with her caused the woman to disobey the judge’s instructions (Photo: Saúl López/Cuartoscuro)

The last time you tried to introduce yourself sign from CDMX to Uruapanhoping to be accepted, despite being unable to reach her attorney, learned two things: that her attorney was no longer practicing, and that she he was on the verge of losing his freedom again.

“They didn’t let me in because I didn’t have a QR. They kept me outside for about an hour and then the secretary came out and said, “Why didn’t you tell me you were here? We just locked (…) Right now yours new defender because you don’t have one, left two months ago‘. I later found out that the hearing held was for withdrawal of compensation“.

After four months of unsuccessful attempts to contact his appointed state’s attorney, he finally informed him that he had also withdrawn and that he knew nothing about his trial. In 2021 stopped visiting sign.

Through him, he was able to contact another public defender, who promised him that if he turned himself in to the authorities and agreed to return to prison, they would give him the benefit again in three months. Of course, Amirani doesn’t believe him at all: “If they have spent almost 10 years without deciding my case, don’t let them spend a year again deciding compensation for me….

Although he thinks the buff has helped him a bit, hardships didn’t stop being “free”. His right to due process continues to be violated due to “several factors arising from a pandemicfrom bad protection and on bad review and judge empathy“, He says.

Remembering all the hard road he went through to end his case with an acquittal or conviction, it made him think about all that people don’t see when someone is found guilty:

“When I see on the news that someone has been arrested and I hear people say ‘put him in jail, why are you doing it’, I realize that it could all be a lie, who knows what situation that person was in.” There you understand that justice is nothing“.

Similarly, is wary of the PPO discussion, because it seems unnecessary to advocate for something like Amnesty, which has only benefited 209 people so far: “How many people has this helped? almost nobody (…) It seems to me another load for the public defender, If they can’t with anything! This would hinder the legal status of women.’

“I believe in this It’s like trying to hide the sun with your fingerit would be very complicated, it would delay a lot of processes, I am not the only one in this situation, there are many women in prison who would be burdened with their work due to the bad performance of the lawyers”.

In addition to focusing on the shortage of public defenders, for Amairani what legislation should focus on to ensure justice and human rights is the proper review of cases so that the integrity of innocent people is not at risk. from the beginning:

The discussion about it should not focus on the process outside or inside the prison, but on solving the problems of the public defense and the criminal justice system (Photo: Steve Allen)
The discussion about it should not focus on the process outside or inside the prison, but on solving the problems of the public defense and the criminal justice system (Photo: Steve Allen)

“When a formal custodial order is set that really corroborates the evidence, that would be the decision for people who would have just started their trial because what’s the point of saying ‘we’re giving you your trial of freedom’ if not I am responsible for what you accuse me of Why should I adapt my life as “home free” but socially in prison? Why should you change your life after you haven’t committed a crime?

Because to Amirani Luna, if you are innocent “what is the use of giving and giving safeguards? Your name was already tarnished anyway“.

CONTINUE READING:

AMLO asked ministers not to “do chicandi” when discussing unofficial preventive detention
The PRI proposed amending the Constitution to avoid the arbitrary use of informal preventive detention
“Tell me how many rich people there are”: Arturo Zaldivar’s speech against preventive detention, defended by AMLO

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