In a historic decision, the Inter-American Court of Human Rights has declared that Mexico is responsible for violating fundamental rights to personal freedom and presumption of innocence in the case of Daniel García Rodríguez and Reyes Alpízar Ortiz. The verdict, notified on April 12, 2023, has sparked significant legal debate and underscores the urgent need to reform certain criminal practices and laws in the country.

Daniel García Rodríguez and Reyes Alpízar Ortiz were detained in 2002 and subjected to pretrial detention measures, which involved their confinement for long periods without formal charges being filed against them. These pretrial detention measures, lasting 47 and 34 days respectively, deprived the accused of their personal liberty and violated their rights to be heard and to presumption of innocence. Subsequently, the victims remained in preventive custody for over 17 years before being convicted of homicide in May 2022.

The Inter-American Court has questioned the practice of "arraigo" in Mexico, highlighting that this restrictive measure for investigative purposes violates the fundamental rights of detainees. The lack of supervision and the potential for arbitrary detention are significant concerns in this context. The Court maintains that the Mexican state has violated the right to personal freedom and presumption of innocence by applying "arraigo" indiscriminately.

The sentence also focuses on "prisión preventiva oficiosa," a legal provision that has faced criticism in Mexico. The Court considers this practice inherently contrary to the American Convention on Human Rights. The tribunal has also pointed out that the detentions of García Rodríguez and Alpízar Ortiz did not comply with domestic norms or international standards.

The victims were subjected to coercion and torture, and these violations were not adequately investigated by the State. Furthermore, their right to be informed of the reasons for their detention was violated, and they were not promptly brought before a judicial authority.

As part of the sentence, the Court has ordered the Mexican State to implement a series of reparative measures, including concluding ongoing criminal proceedings, reviewing precautionary measures, investigating cases of torture, repealing pre-trial "arraigo" provisions, and reviewing "prisión preventiva oficiosa" in domestic legal frameworks.

The verdict in the case of García Rodríguez and Alpízar Ortiz marks a milestone in human rights protection in Mexico. It brings into question the urgent need to reform penal practices and laws that undermine personal freedom and presumption of innocence.

The Inter-American Court of Human Rights has issued a clear call to action, and it is imperative that Mexico takes concrete steps to fulfill its international obligations and protect the rights of its citizens in the realm of criminal justice.