Amicus Brief Challenging Conditions of Detention in Mexico

Area of Law: Public International Law; International Human Rights Law

Legal Team

• Isabela Mosselmans and Silvia Serna, GSLC

Case Background

Following the COVID-19 pandemic in 2019, the Mexican government suspended all non-essential activities. However, detention centers continued operating, failing to implement health and safety measures for detainees. The conditions and prolonged detentions violated human dignity, and no steps were taken to prevent unnecessary detentions. At least two detainees died from COVID-19 in Mexican detention centers.

Our Amicus

The amicus brief outlines Mexico’s international legal obligations, particularly:

• The prohibition on arbitrary deprivation of liberty, requiring detention to follow domestic legal procedures, serve a legitimate objective, and avoid punitive use.

• The duty to ensure adequate detention conditions, respecting human dignity, physical and mental integrity, and the right to health in accordance with international and regional treaties.

Additionally, this brief builds upon a related amicus (linked) submitted to the Mexican Supreme Court in the same year, co-filed with IDC, advocating for alternatives to detention. It provides the Court with a broader perspective on the rights of displaced persons and the harm and irrationality of immigration detention.

Implications for Refugee and Migrant Rights

A prior ruling in Mexico required detention centers to meet basic standards, including on-site medical care, to safeguard detainees' health and dignity. This amicus supports that decision, reinforcing the necessity of compliance with minimum international standards.

Globally, detention centers frequently fail to meet dignified living conditions for migrants. This case underscores the urgent need for all facilities to adhere to established international norms, such as the Nelson Mandela Rules, ensuring the protection of detained migrants’ rights and well-being.