Contradicción de Tesis 261/2018

Key Judgment


Legal Relevance

Keywords: Effective Remedy | Right to Know the Truth

Themes: Search | Justice and Truth

Given that an enforced disappearance may be executed in more than one district, or may even begin to be executed in one, and continue in another, the Supreme Court concluded that amparo claims may be filed before any federal judge, and must be dealt with. The Supreme Court ruled that State authorities, both at the federal and the state levels, are, under judicial and constitutional control, obliged to comply with the content of urgent actions issued by the United Nations Committee on Enforced Disappearances. The decision further recognises the right of every person to be searched for.

Judgment Date

January 7, 2020

Country

Mexico

Judicial Body

Mexico - Supreme Court

Facts of the Case

Two High Courts reached different conclusions on the question of which authority has jurisdiction in an "amparo" (appeal for legal protection) case on the enforced disappearance of a person. One Court held that jurisdiction is in favour of the court in which the amparo application is filed. The other Court held that the competent judge is the one with jurisdiction in the place where the challenged act was executed.

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