Mexican Supreme Court to consider whether Mexico’s detention policy violates international law

21/03/23

The Supreme Court of Mexico has granted permission to the Global Strategic Litigation Council for Refugee Rights (“GSLC”)  and the International Detention Council (“IDC”) (“the Interveners”) to intervene in proceedings concerning Mexico’s compliance with international law.

The amicus brief concerns the legality of Mexico’s practice of detaining asylum seekers. The Interveners submit that Mexico’s practices are in breach of international law for a number of reasons, including the fact that the policy does not comply with Mexico’s own domestic constitutional law.

In addition, the  Interveners make detailed submissions on Mexico’s international law obligations to design and implement alternatives to detention (“ATDs”). ATDs include the implementation of detailed rules on bail. Interveners draw to the Court’s attention the jurisprudence on ATDs under international and EU law. The Interveners also point to examples of what they say are best practices in other jurisdictions in Latin America that are compliant with international law, such as Ecuador. The Interveners are the only parties to the litigation making detailed submissions on international and comparative law.

The case will be heard later this year.