Mexico Supreme Court rules on indigenous jurisdiction and criminal procedure

Mexico’s Supreme Court of Justice (SCJN) has issued a landmark ruling regarding the intersection of state criminal law and indigenous jurisdiction. In a 7-1 decision, the Court determined that criminal control judges must first define the legal status of detainees—specifically through a formal link to the criminal process (vinculación a proceso)—before deciding whether to transfer jurisdiction to traditional community authorities.

The ruling stems from a 2024 incident in Santiago Yucuyachi, Oaxaca, where three men of Mixtec ethnicity were apprehended by the Navy while in possession of long guns, including an AK-47, and wearing military-style clothing. The defendants argued that because they belong to an indigenous community and the events occurred within their territory, the case should be governed by their community's normative systems rather than federal firearms laws.

While dissenting Minister Hugo Aguilar argued that prioritizing state procedural requirements could undermine the constitutional recognition of indigenous self-determination and autonomy, the majority supported a proposal by Minister Giovanni Figueroa. The majority held that constitutional and procedural codes require judges to establish a legal status for detainees within specific timeframes, and that making this initial determination does not preclude the eventual transfer of the case to indigenous authorities.