fbpx
Durazo appears for failed operation in Culiacán
November 4, 2019
The Eternal Apprentice: Legal Philosophy, Science and Praxis
November 4, 2019

The Eternal Apprentice: Legal Philosophy, Science and Praxis

The theory of own acts and human presumption: The obligation overcome of president López Obrador

DOUBLE EDGE

By: Erik Garay Bravo *







The Eternal Apprentice: Legal Philosophy, Science and Praxis

October 27th, 2019


A few weeks ago it was announced nationally and internationally that the Security Cabinet of President Andrés Manuel López Obrador, agreed to release Ovidio Guzmán López, the son of Chapo Guzmán and heir to one of the drug cartels and the most dangerous and numerous organized crime in the contemporary history of Mexico.

In this network of known facts, half-known facts and unknown facts, the following questions stand out: What happened inside the security cabinet of the president of Mexico to lead to the release of Ovidio Guzman? What role did the president of Mexico in the operations of the security cabinet to lead to the release of Guzman Loera´s son? What should be the perspective of the President of Mexico in the face of the frustrated operation that breached the arrest warrant for extradition purposes? valid against Ovidio Guzman López, who assumed a role of superiority vis-à-vis the Mexican State?

In order to find an answer to these questions, its pertinent on the one hand, to resort to the general theory of the evidence, to approach those ignored facts, and on the other hand, to the theory of our own acts, which implies, that it is not permissible that a person or persons retract their past acts, when these previous conscious acts indicate, congruently, that the subsequent action must be taken in a determined and firm manner.

According to the foregoing, until now, known facts are considered according to the published information, which are specified as follows: • That there are arrest warrants for extradition against Ovidio Guzmán López to judge him in the American Union for organized crime and drug trafficking. That the assurance of Ovid Guzmán had its origin in an exprofeso operation carried out mainly by the national guard and police forces, in addition to the minimal collaboration of the Mexican army.

• That a search warrant could not be issued to immediately apprehend Guzmán López.

• That President López Obrador was not aware of the details of the operation, so much so, that he himself referred to supporting the decision taken by his Security Cabinet.

• That no special forces of the Mexican army or the Mexican navy were involved in the operation, considering the magnitude of the capo that was intended to be apprehended.

• That there is information that indicates that approximately one month before the operation was frustrated, there was an investigation by the DEA that caused pressure from the US government to apprehend Guzmán López.

The previous indications linked as a coherent chain can generate preliminary hypotheses that solve the two questions indicated in the first order: what happened inside the security cabinet of the president of Mexico to lead to the release of Ovidio Guzmán? And what role did the president of Mexico play in the operations of the security cabinet to lead to the release of Guzmán Loera's son?

The coherent link between the indications that have been made up to this moment, leads us to infer that there was no strategy to combat the type of organized crime commanded by Guzmán López, because otherwise, the operation to apprehend him would have been directed by the Secretary of National Defense, either by the Mexican Navy Secretary, or by both in collaboration, since these entities have the arsenal, strategy and Special Forces of high impact for missions of the level that required the apprehension of the capo that It has its maximum power zone in Culiacán, Sinaloa; and not by the National Guard (whose lack of experience is a notorious fact for all Mexicans).

These inferences lead us to consider that the Security Cabinet of the President of Mexico at the time of the release of Ovidio Guzmán was disjointed, since there was no clear communication between its various owners, in addition to the fact that the president of the republic did not have the complete information of the actions taken in “joint” by his work team, the president did not have complete information about the details of the operation, which leads to infer that the president completely delegated the country's security work to that part of the cabinet .

It can be argued as an answer to the two questions, that the security cabinet was disjointed and without any defined strategy to combat organized crime at the level of the capo that sought to apprehend and even exhibited a lack of total strategy to combat organized crime. in general; In addition to that, the president being oblivious to this situation, had to place an excess of confidence in that work team.

Now, in relation to the third question regarding what should be the perspective of the president of Mexico in the face of the frustrated operation that breached the arrest warrant for extradition purposes in force against Ovidio Guzmán López, who assumed a role of superiority against the Mexican State ?. It should be considered that President López Obrador set aside the constitutional order and the legal order, at the time of breaching the arrest warrant for extradition purposes that weighs against Ovidio Guzmán López endorsing his release, in exchange for not causing an armed confrontation, which implied an act of sovereign power, which, although not objectionable from the ethical, political and legal-criminal perspective, did call into question the rule of law and governance of the country.

Accordingly, the answer to the question analyzed, consistent with the theory of own acts, aims to determine that the preceding action of the head of the executive who exercised an act of sovereign power bypassing the constitution and the law, the which showed that higher power is held by organized crime; in other words, the acts of the president of the republic evoked the triumph of the crime against the rule of law and the superiority of vice over virtue.

This generated various urgent obligations of an ethical, legal and political order for the head of the executive, the president's actions commit him to answer in a forceful way to the country and organized crime.

The release of Ovidio Guzmán López has given the coup de grace to the almost null culture of the legality of Mexicans. It is of the first order that the head of the executive branch in the coming months return the faith, risking risks for the Mexicans and humbly accept the errors of the entire administration and redirect the destinies of the country.

Erik Garay Bravo

PhD in Judicial Law

Master in Constitutional Justice

Master in Criminal Procedure Law

Criminal Law Specialist

Procedural Law Specialist

Diploma in Oral Trials

Professor and Lawyer

Leave a Reply

Your email address will not be published. Required fields are marked *

cheap gucci belts gucci mens belts cheap tents