Minister Lenia Batres Guadarrama was appointed to review the amparo in review 492/2023 presented by businessman Ricardo Benjamin Salinas Pliego. However, her impartiality was questioned due to previous negative comments about Salinas Pliego on social media, leading the Second Chamber of the SCJN to determine that she was legally impeded from participating in the vote on this specific case.
The SCJN's statement referred to Batres' posts on a platform formerly known as Twitter, where the minister used derogatory terms towards the businessman and accused him of various irregular practices. These posts raised doubts about Batres' impartiality in the process.
Impartiality is a fundamental principle in the administration of justice. In Batres' case, her past expressions were considered as evidence of "manifest hostility" towards Salinas Pliego, which led to the decision to remove her from the case to ensure a fair and equitable trial.
The SCJN's decision highlights the importance of judges and ministers performing in a neutral and unbiased manner, basing their decisions on facts and laws, not on personal opinions. In this context, Article 17 of the Mexican Constitution establishes the right to an impartial trial for all people.
With Batres' removal from the case, the SCJN will need to appoint another minister to review the amparo presented by Salinas Pliego. This resource is crucial in the dispute between the businessman and the UIF, as it could set a precedent regarding the limits of access to financial information without a court order.
