() — The Supreme Court of Justice of Mexico informed this Monday through a release that invalidates the precepts of telephone interceptions without judicial authorization.
The Supreme Court of Justice of the Nation (SCJN) said that the decree by which various provisions of the Code of Military Justice (CJM) were reformed, added and repealed and the Military Code of Criminal Procedures (CMPP) was issued did not establish whether the Interception of communications could only be carried out with respect to the military or if it also involved those of civilians.
The highest Mexican court also said that it invalidated the power that allowed the military to carry out searches in residences or public offices of any of the three branches of government, as well as autonomous constitutional bodies because it allowed the military authority to exercise restrictive measures that impacted to civilians, without requiring the intervention of a civilian judge, guaranteed in the country’s constitution.
Similarly, the Supreme Court invalidated the power of the military to have the geographic location in real time of mobile communication equipment related to investigations. The Supreme Court added that it is considered that the criterion failed to specify whether the persons over whom said power could be exercised were persons outside the military sphere.
