Amicus Brief in case of ‘treatment of inimputables’ in Mexico

Mexico: In Latin America it is not uncommon to find people with intellectual and psychosocial disabilities who have been unfairly and wrongfully deprived of their liberty. There are thousands of individuals caught up in the criminal justice system, found by the court to be exempt from criminal responsibility – “inimputables” – but nevertheless arbitrarily detained because they have a disability, and met with forced medical treatment and other measures in prison or elsewhere. These people have been denied the right to be heard by a court, appoint their own lawyers, present evidence in their defence and effectively participate during the judicial process. It is clear that a system that allows for criminalization and deprivation of liberty based on disability is discriminatory and needs to be challenged. Documenta has brought a petition before a local judge in Mexico to strike down the inimputability provisions in Mexican law. A number of organizations working on the rights of persons with disabilities have submitted a joint amicus brief that provides strong legal arguments based on international human rights law in support of this litigation. Regardless of the local court decision, this brief constitutes an important tool for activists across the region who are joining the fight to end criminalization based on poverty and status.

Year: 2023
Resource Type:
Courts Systems
Human Rights
Public Health
Latin America & the Caribbean
People Groups:
People in Detention
People with Disabilities
Law Reform
Strategic Litigation