Law For The Protection Of Defenders Of Human Rights And Journalists

Original Language Title: Ley para la Protección de Personas Defensoras de Derechos Humanos y Periodistas

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EXECUTIVE BRANCH

SECRETARY OF GOVERNMENT

Law for the Protection of Human Rights Defenders and Journalists.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE LAW FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS AND JOURNALISTS

Article Unique.- The Law for the Protection of Human Rights Defenders and Journalists is issued.

LAW FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS AND JOURNALISTS

Chapter I

Object and End of Mechanism

Article 1.- This Law is of public order, social interest and general observance throughout the Republic and aims to establish cooperation between the Federation and the Federative Entities. to implement and operate the Prevention Measures, Preventive Measures and Urgent Protection Measures to ensure the life, integrity, freedom and security of persons at risk as a result of the defence or promotion of human rights, and the exercise of freedom of expression and freedom of expression journalism.

This Law creates the Protection Mechanism for Human Rights Defenders and Journalists, in order for the State to address its fundamental responsibility to protect, promote and guarantee rights human.

Article 2.- For the purposes of this Law:

Aggressions: damage to physical or psychological integrity, threat, harassment or intimidation that the Human Rights Defenders and Journalists suffer from the exercise of their activity.

Beneficiary: person who is granted the Preventive Measures, Protective Measures, or Urgent Protection Measures referred to in this Act.

Immediate Action Assessment Study: Analysis of factors to determine the level of risk and Urgent Protection Measures in cases where the life or physical integrity of the petitioner or potential beneficiary is in imminent danger.

Risk Assessment Study: Analysis of factors to determine the level of risk that the payee or potential beneficiary is in.

Background: Fund for the Protection of Human Rights Defenders and Journalists.

Coordination: National Executive Coordination.

Mechanism: Mechanism for the Protection of Human Rights Defenders and Journalists.

Prevention Measures: set of actions and means to develop public policies and programs aimed at reducing risk factors that favor attacks against people Human Rights Defenders and Journalists, as well as to combat the causes that produce them and generate guarantees of non-repetition.

Preventive Measures: set of actions and means in favor of the beneficiary to avoid the consummation of the aggressions.

Protection Measures: set of actions and security means to address the risk and protect the rights to life, integrity, freedom, and security of the beneficiary.

Urgent Protection Measures: set of actions and means to immediately safeguard the life, integrity and freedom of the beneficiary.

Requester: Person requesting Preventive Measures, Protective Measures, or Urgent Protection Measures to the Mechanism.

Journalists: Physical persons, as well as public, community, private, independent, university, experimental or any other types of media and broadcast consists in collecting, generating, processing, editing, commenting, opinions, dissemination, publishing or providing information, through any means of dissemination and communication that can be printed, radio, digital or image.

Human Rights Defender: Natural persons acting individually or as members of a group, organization or social movement, as well as moral persons, groups, organizations, or social movements whose aim is to promote or defend human rights.

Procedure Extraordinary: procedure that derives in Urgent Protection Measures in order to preserve the life and integrity of the beneficiary.

Article 3.- The Mechanism will be composed of a Governing Board, a Consultative Council and a National Executive Coordination and will be operated by the Secretariat of the Interior.

Chapter II

Governing Board

Article 4.- The Governing Board is the maximum instance of the Mechanism and the main decision-making body for the prevention and protection of Human Rights Defenders and Journalists.

Resolutions to be issued by the Governing Board shall be binding on the Federal authorities, whose intervention is necessary to comply with Prevention Measures, Preventive Measures, Protective Measures and Urgent Protection Measures provided for in this Law.

Article 5.- The Governing Board is made up of nine permanent members entitled to voice and vote, and they will be:

I.         A representative of the Secretariat of Government;

II.        A representative of the Attorney General's Office;

III.       A representative of the Secretariat of Public Security;

IV.      A representative of the Secretariat for External Relations;

V.       A representative of the National Human Rights Commission, and

VI.      Four representatives of the Advisory Council elected from among its members.

The four representatives of the Federal Executive Branch must have a minimum level of Undersecretary and that of the National Human Rights Commission, the Visitator or their equivalents.

The representative of the Interior Secretariat will preside over the Governing Board and in those cases where his presence will not be possible, a substitute president will be elected for that only occasion among the permanent members.

Article 6.- The Governing Board will invite all its sessions, with the right to voice, to:

I.         A representative of the Office of the United Nations High Commissioner for Human Rights in Mexico;

II.        A representative of the National Governors Conference;

III.       A representative of the Judicial Branch of the Federation;

IV.      To the President of the Human Rights Commission of the Senate of the Republic, and

V.       To the President of the Human Rights Commission of the Chamber of Deputies.

Article 7.- The Governing Board will hold an ordinary session once a month until all the issues scheduled for that session are exhausted and must have a quorum of half more than one of its members. Decisions will be made through a deliberative, transparent and majority vote process.

Article 8.- The Governing Board will have the following attributions:

I.         To determine, decree, evaluate, suspend and, where appropriate, amend the Preventive Measures and Protective Measures, on the basis of the information prepared by the Coordination Units;

II.        Assess, suspend and, where appropriate, amend the Urgent Protection Measures, on the basis of information prepared by the Coordination Units;

III.       Approve the manuals and protocols of Preventive Measures, Protective Measures and Urgent Protection Measures elaborated by the Coordination;

IV.      To call the petitioner or beneficiary of the Protection Measures, to the sessions where it will be decided on their case;

V.       Invite the persons or authorities to consider appropriate, with the consent of the petitioner or beneficiary to the sessions where their case is discussed;

VI.      To conclude, promote and guarantee, through coordination, coordination and cooperation agreements with the federal authorities, federative entities, public bodies or organizations dedicated to the defense of human rights and the national or international freedom of expression, as well as with individuals and social and private organisations for the implementation of the objectives of the Mechanism;

VII.     Review and approve the annual work plan developed by the Coordination;

VIII.    To resolve the inconformities referred to in Chapter XI of this Law;

IX.      Publicly present annual reports on the national security situation of Human Rights Defenders and Journalists with disaggregated and gender-based data;

X.       Propose and promote, through coordination, public policies and legislative reforms related to the purpose of this Law;

XI.      Issue the relevant public calls at the request of the Advisory Council for the election of its members;

XII.     Ask the Advisory Council for their opinion or advice on the subject matter of this Law;

XIII.    To know the recommendations of the Advisory Council on the programmes and activities to be carried out by the Coordination and to substantiate and motivate their decision;

XIV.   Receive and disseminate the annual Advisory Council activities report;

XV.    Approve the annual activity report and the report on the budget year of the Coordination;

XVI.   Approve the profiles for the designation of the members of the Rapid Reaction and Case Reception Unit, the Risk Assessment Unit and the Prevention, Monitoring and Evaluation Unit, and

XVII. Approve the operating rules and operating budget of the Fund.

Chapter III

Advisory Council

Article 9.- The Advisory Council is the governing body of the Governing Board and will be composed of nine members, one of whom will be the President for a two-year term and will be elected by simple majority by the same Council. In the absence of the President, the Council shall elect an interim President for the duration of the absence or until the end of the period. The integration of the Council will seek a balance between experts in the defence of human rights and the exercise of freedom of expression and journalism.

Article 10.- For each counselor there will be an alternate. The supply shall only be carried out in the event of the holder's final absence and in the cases provided for in the Advisory Council's procedures guide.

Article 11.- Advisers shall have experience or knowledge in the defence or promotion of human rights or in the exercise of journalism or knowledge in risk assessment and protection Human Rights Defenders or Journalists, and you should not be charged as a public servant.

Article 12.- The Advisory Council will elect its members through a public call issued by the Governing Board.

Article 13.- The councilors will appoint four of their members to be part of the Governing Board, of which two will be experts in the defense of human rights. two of the exercise of freedom of expression and journalism.

Article 14.- Advisers shall not receive any remuneration, emoluments or compensation for their participation in both the Governing Board and the Board, as their character is honorary.

Article 15.- The counselors will remain in charge for a period of four years, with the possibility of reelection for a consecutive period.

Article 16.- The Advisory Board will have the following attributions:

I.         Attend to consultations and formulate opinions requested by the Governing Board;

II.        To make recommendations to the Governing Board on the programmes and activities to be carried out by the Coordination;

III.       Collaborate with the Coordination in the design of your annual work plan;

IV.      Forward to the Board of Government non-conformities filed by petitioners or beneficiaries on the implementation of Preventive Measures, Protective Measures and Urgent Protection Measures;

V.       Commission independent Risk Assessment Studies requested by the Governing Board to resolve the inconformities presented;

VI.      Contribute to the promotion of actions, public policies, programs and projects related to the purpose of this Law;

VII.     Participate in national or international events to exchange experiences and information on issues related to the prevention and protection of Human Rights Defenders and Journalists;

VIII.    Carry out dissemination work on the operation of the Mechanism and how to apply for Preventive Measures, Protective Measures or Urgent Protection Measures;

IX.      Submit to the Governing Board its annual activity report, and

X.       Develop and approve the Council's procedures guide.

Chapter IV

National Executive Coordination

Article 17.- Coordination is the body responsible for coordinating with federal agencies, federal public administration agencies, and with autonomous agencies. Mechanism and shall be composed of representatives of:

I.         The Case Reception and Rapid Reaction Unit;

II.        The Risk Assessment Unit, and

III.       The Prevention, Tracking, and Analysis Unit.

An official of the Secretariat of the Interior, with an immediate rank lower than Undersecretary or equivalent, will serve as National Executive Coordinator.

Article 18.- Coordination will have the following attributions:

I.         Receive and compile the information generated by the Units in charge and forward it to the Governing Board with at least five calendar days prior to their meeting;

II.        Communicate the agreements and resolutions of the Governing Board to the enforcement authorities;

III.       Manage allocated budget resources for compliance with this Act;

IV.      Provide the Board of Government and the Advisory Board with the resources to perform their duties;

V.       Develop and propose, for approval to the Governing Board, the manuals and protocols of Preventive Measures, Protective Measures and Urgent Protection Measures;

VI.      Facilitate and promote protocols, manuals and in general instruments that contain the best practices available for the fulfillment of the object of this Law to federal entities, agencies of the federal public administration and agencies standalone;

VII.     Implement the manuals and protocols of Preventive Measures, Protective Measures and Urgent Protection Measures;

VIII.    Design, with the collaboration of the Advisory Council, its annual work plan;

IX.      To conclude the specific arrangements necessary for the fulfilment of the purposes of the Mechanism;

X.       Follow up and implement the decisions of the Governing Board, and

XI.      Subject to the consideration of the Governing Board its annual activity report including its budget year.

Chapter V

Auxiliary Units

Article 19.- The Case Reception and Rapid Reaction Unit is a technical and auxiliary coordination body for the receipt of applications for incorporation into the Mechanism, the definition of those cases that will be addressed through the extraordinary procedure defined in this Law and will have the following attributions:

I.         Receive requests to join the Mechanism;

II.        Define whether the cases that are received are of extraordinary or ordinary procedure;

III.       Request the Risk Assessment Unit to develop the Risk Assessment Study;

IV.      Perform the Immediate Action Assessment Study;

V.       Immediately issue and implement the Urgent Protection Measures;

VI.      Report to the Coordination on the Urgent Protection Measures implemented;

VII.     Develop, evaluate and periodically update the protocol for the implementation of Urgent Protection Measures;

VIII.    Auxiliary to the petitioner or beneficiary in the filing of complaints or complaints with the authorities concerned, and

IX.      The others that provide for this Act.

Article 20.- The Case Reception and Rapid Reaction Unit is integrated by at least five experts on risk assessment and protection. One of them must be in the defense of human rights and another of the exercise of journalism and freedom of expression. Likewise, it is formed by a representative of the Secretariat of the Interior, a representative of the Attorney General's Office and a representative of the Secretariat of Public Security, all with powers to implement the Urgent Protection Measures.

Article 21.- The Risk Assessment Unit is the auxiliary, technical and scientific organ of the Coordination that evaluates the risks, defines the Preventive or Protective Measures, as well as its temporality and shall have the following privileges:

I.         Develop the Risk Assessment Study;

II.        Define Preventive Measures or Protective Measures;

III.       Give regular follow-up to the implementation of the Preventive or Protective Measures for, subsequently, recommend their continuity, adequacy or conclusion, and

IV.      The others that provide for this Act.

Article 22.- The Risk Assessment Unit is integrated by at least five experts in risk assessment and protection, at least one of them must be in the rights defence. human and other of the exercise of journalism and freedom of expression.

Article 23.- The Prevention, Tracking and Analysis Unit is an auxiliary technical and scientific organ of the Coordination and will have the following attributions:

I.         Propose Prevention Measures;

II.        Carry out the national monitoring of the aggressions with the object of collecting, systematising the disaggregated information in a database and producing monthly reports;

III.       Identify the patterns of Aggression and elaborate risk maps;

IV.      Assess the effectiveness of Preventive Measures, Protective Measures and Urgent Protection Measures implemented, and

V.       The others that provide for this Act.

Chapter VI

Request for Risk Protection, Assessment and Determination

Article 24.- The aggressions will be configured when by action or omission or in acquiescence the physical, psychological, moral or economic integrity of:

I.         Human Rights Defender or Journalist;

II.        Spouse, concubine, concubine, ascendant, descendants, dependents of Human Rights Defenders or Journalist;

III.       People who participate in the same activities from the same group, organization, or social movement;

IV.      The goods of the person, group, organization, or social movement, and

V.       Other persons to be determined in the risk assessment.

Article 25.- The Case Reception and Rapid Reaction Unit will receive applications for incorporation into the Mechanism, verify that they meet the requirements set forth in this Act, and where appropriate, determine the type of procedure. It shall only apply to applications which have the consent of the potential beneficiary unless it is prevented by serious cause. Once the impediment is removed, the beneficiary must give his consent.

Article 26.- In the event that the petitioner declares that his or her life, physical integrity or that of the persons referred to in Article 24 is in imminent danger, the case shall be considered as high risk and the extraordinary procedure will be initiated.

The Case Reception and Quick Reaction Unit will proceed to:

I.         Issue, within a period not exceeding 3 hours counted from the entry of the application, the Urgent Protection Measures;

II.        Implement immediately, once issued, and within a period of no more than 9 hours, the Urgent Protection Measures;

III.       To perform simultaneously the issuance of the Urgent Protection Measures, an Immediate Action Assessment Study;

IV.      Report to the Executive Coordinator, once issued, on the Urgent Protection Measures implemented, and

V.       Refer the case file to the Risk Assessment Unit for the commencement of the ordinary procedure.

Article 27.- In any other case, the application will be processed through the ordinary procedure and the Rapid Reaction and Case Reception Unit will immediately forward it to you. receipt to the Risk Assessment Unit.

The Risk Assessment Unit, within a period of ten calendar days from the submission of the application, shall proceed to:

I.         Develop the Risk Assessment Study;

II.        Determine the risk level and Payees, and

III.       Define the Protection Measures.

Article 28.- The Risk Assessment Study and the Immediate Action Assessment Study will be conducted in accordance with the best methodologies, international standards, and best practices.

Chapter VII

Preventive Measures, Protective Measures and Urgent Protection Measures

Article 29.- Once the measures are defined by the Risk Assessment Unit, the Governing Board shall decree the Preventive Measures or Protective Measures and the Coordination will proceed to:

I.         Communicate the agreements and resolutions of the Governing Board to the relevant authorities within a period not exceeding 72 hrs;

II.        Assist in the implementation of Preventive Measures or Protective Measures decreed by the Governing Board within a period not exceeding 30 calendar days;

III.       Follow up on the state of implementation of Preventive Measures or Protective Measures and report to the Governing Board on their progress.

Article 30.- Preventive Measures, Protective Measures and Urgent Protection Measures should minimize risk exposure, be suitable, effective and temporary, may be individual or collective and will be in line with the best methodologies, international standards and best practices. In no case shall such measures restrict the activities of the beneficiaries, nor shall they involve any unwanted surveillance or intrusions in their work or personal lives.

Article 31.- Preventive Measures, Protective Measures and Urgent Protection Measures shall be extended to persons determined by the Risk Assessment Study or the Study of Immediate Action Assessment.

Such measures will be analyzed, determined, implemented and evaluated in common with the beneficiaries.

Article 32.- Urgent Protection Measures include: I) Evacuation; II) Temporary Relocation; III) Specialist body escorts; IV) RE and V protection) Other required for safeguard the life, integrity and freedom of the beneficiaries.

Article 33.- Protection Measures include: I) Delivery of cellular equipment, radio or satellite telephony; II) Installation of cameras, locks, lights or other security measures on the premises of a group or house of a person; III) Anti-bullet Chalecos; IV) Detector of metals; V) Armored autos; and VI) Other than required.

Article 34.- Preventive Measures include: I) Instructives, II) Manuals, III) Self-protection courses both individual and collective, IV) Accompanying of human rights observers and journalists; and VI) Other required.

Article 35.- Protection Measures and Urgent Protection Measures shall be subject to periodic evaluation by the Risk Assessment Unit.

Article 36.- It is considered that there is undue use of the Preventative Measures, Protective Measures and Urgent Protection Measures by the beneficiary when:

I.         Leave, evade or prevent measures;

II.        Authorize the use of the measures by persons other than those determined by the units of the Mechanism;

III.       Trade or obtain an economic benefit with the measures granted;

IV.      Use designated personnel for protection in activities that are not related to the measures;

V.       Physically or verbally assaulted or threatens staff who are assigned to their protection scheme;

VI.      Authorize permits or rest of the scheme staff without knowledge of the corresponding units of the Mechanism;

VII.     Execute illicit behaviors by making use of the physical and human means ready for protection;

VIII.    Intentionally cause damage to the physical and human protection means allocated for protection.

Article 37.- Preventive Measures, Protective Measures and Urgent Protection Measures may be withdrawn by decision of the Governing Board when the beneficiary makes improper use of the In a deliberate and repeated manner.

Article 38.- The beneficiary may at any time come before the Governing Board to request a review of the Preventive Measures, Protective Measures, Urgent Protection Measures, Risk Assessment or Immediate Action Assessment Study.

Article 39.- The Preventive Measures and Protective Measures granted may be extended or decreased as a result of periodic reviews.

Article 40.- The beneficiary may be separated from the Mechanism at any time, for which it must be outsourced in writing to the Governing Board.

Chapter VIII

Prevention Measures

Article 41.- The Federation and the Federative Entities in the field of their respective competencies shall develop and implement Prevention Measures.

Article 42.- The Federation and the Federative Entities, within the scope of their respective competencies, will collect and analyze all the information that will serve to avoid potential assaults on Persons Human Rights Defenders and Journalists.

Article 43.- The Prevention Measures will be aimed at the design of early warning systems and contingency plans in order to prevent potential attacks on Human Rights Defenders. Human Rights and Journalists.

Article 44.- The Federation and the Federative Entities, in the field of their respective competencies, will promote the public and social recognition of the important work of the Human Rights Defenders Human Rights and Journalists, for the consolidation of the Democratic State of Law, and will condemn, investigate and punish the aggressions of which they are subjected.

Article 45.- The Federation will promote the necessary reforms and additions to the legislation to improve the situation of Human Rights Defenders and Journalists.

Chapter IX

Cooperation Conventions

Article 46.- The Federation and the Federative Entities, within the scope of their respective competencies, shall conclude Cooperation Agreements to make effective the measures provided for in the Mechanism for ensure the life, integrity, freedom and security of Human Rights Defenders and Journalists.

Article 47.- The Cooperation Agreements will provide for joint actions to facilitate the effective and efficient operation of the Mechanism by:

I.         The designation of representatives who serve as links to ensure compliance with the purpose of this Law;

II.        The exchange of information in a timely manner and technical experiences of the Mechanism, as well as to provide training;

III.       The timely follow-up to the measures provided for in this Law in their respective entities;

IV.      The promotion of the study, analysis, research and development of strategies, actions, systems and methodologies that incorporate the best practices of prevention and protection;

V.       Promoting the necessary reforms and additions to the legislation to improve the situation of Human Rights Defenders and Journalists, and

VI.      The others that the parties agree to.

Chapter X

Fund for the Protection of Human Rights Defenders and Journalists

Article 48.- To comply with the purpose of this Law and for the purpose of obtaining additional economic resources from those provided for in the Federation's Government Budget, the Fund is created for the Protection of Human Rights Defenders and Journalists.

Article 49.- The Fund's resources shall be exclusively used for the implementation and operation of the Preventive Measures, Protective Measures and Urgent Protection Measures and the implementation of other acts establishing the Law for the implementation of the Mechanism, such as independent assessments.

Article 50.- The Fund shall operate through a public trust, which shall be governed by the applicable legal provisions.

Article 51.- The Fund's resources will be integrated by:

I.         The amount that the Federal Government initially provides, as well as the contributions that it makes in terms of the applicable provisions;

II.       Annual resources to point out the Federation's Budget and other public funds;

III.       Donations that make to their favor physical or moral persons without thereby acquiring any right in the trust;

IV.      The goods transferred to you for free by the federal government or the federal entities, and

V.       Other goods than for any legal title acquire the trust for or as a consequence of the fulfilment of its purposes.

Article 52.- The Fund will have a Technical Committee chaired by the Secretary of the Interior and composed of a representative of: the Secretariat of Public Security, the Attorney General's Office Republic and the Secretariat for External Relations.

Article 53.- The Fund will have a surveillance authority composed of a public commissioner and an alternate, appointed by the Secretariat of the Civil Service, who will attend with a voice but without a vote. meetings of the technical committee and shall have the privileges conferred upon them by the Act.

Article 54.- The Technical Committee of the Fund shall submit to the approval of the Governing Board its operating rules and operating budget.

Chapter XI

Inconformities

Article 55.- Inconformity shall be submitted in writing, duly signed, to the Governing Board and shall contain a specific description of the grievances generated by the petitioner or beneficiary and the evidence to be counted.

Article 56.- Incompliance proceeds to:

I.         Against resolutions of the Governing Board, the Coordination and the respective units related to the imposition or denial of Preventive Measures, Protective Measures or Urgent Protection Measures;

II.        Against the unsatisfactory or unsatisfactory compliance with the Preventive Measures, Protective Measures or Urgent Protection Measures by the Authority, and

III.       If the authority does not accept, expressly or tacitly, the decisions of the Governing Board relating to the Preventive Measures, Protective Measures or Urgent Protection Measures granted to the beneficiary.

Article 57.- For the Governing Board to admit the non-compliance is required:

I.         Subscribe to the person or persons who have had the requester or payee character, and

II.        To be present within thirty calendar days of the notification of the agreement of the Governing Board or of the respective authority, or of the petitioner or beneficiary having made notice of the decision definitive authority on compliance with the Preventive Measures, Protective Measures and Urgent Protection Measures.

Article 58.- To resolve the noncompliance:

I.         The Governing Board, through the National Executive Coordinator, will ask the Risk Assessment and Rapid Reaction Unit for a new risk assessment study in which to respond to the proposed non-compliance;

II.        If the non-compliance persists, the Governing Board, through the National Executive Coordinator, will ask the Advisory Board to commission an independent Risk Assessment Study for the analysis of the case;

III.       The Council shall issue its resolution within a maximum of 15 calendar days after receipt of the results of the Independent Risk Assessment Study;

IV.      The Council will immediately forward its resolution, together with the Independent Risk Assessment Study, to the Governing Board, who will resolve the non-compliance at its next session.

Article 59.- In the case of the extraordinary procedure, the non-conformity shall be submitted to the Coordination and shall contain a specific description of the risks or possible grievances that are generated to the requester or payee.

Article 60.- Incompliance proceeds to:

I.         Against resolutions of the Case Reception and Rapid Reaction Unit related to access to the extraordinary procedure or the imposition or denial of Urgent Protection Measures;

II.        Against the unsatisfactory or unsatisfactory compliance with the Urgent Protection Measures, and

III.       If the authority does not accept, in an express or tacit manner, the decisions of the Rapid Response and Case Reception Unit, related to the Urgent Protection Measures.

Article 61.- For Coordination to support noncompliance it requires:

I.         To be present by the person or persons who have had the petitioner or beneficiary character, within a period of up to ten calendar days, counted from the notification of the Agreement of the Case Reception and Rapid Reaction Unit.

Article 62.- The Coordination will resolve, within a maximum period of up to twelve hours, to confirm, revoke or modify the decision of the Case Reception and Rapid Reaction Unit.

Article 63.- Access and dissemination of information related to this Law shall be in accordance with the provisions of the Federal Law on Transparency and Access to Government Public Information and other applicable provisions.

Preventive Measures, Protective Measures and Urgent Protection Measures granted through the Mechanism shall be considered as reserved information.

Federal resources to be transferred, in compliance with this Law, to the Federative Entities, as well as those from the Fund shall be subject to the federal provisions on transparency and evaluation of public resources.

Chapter XII

Transparency and Access to Information

Article 64.- The reports referred to in Articles 8, 16 and 18 shall be of a public nature.

Chapter XIII

Sanctions

Article 65.- The administrative responsibilities arising from failure to comply with the obligations provided for in this Law shall be sanctioned in accordance with the provisions of the applicable legislation, with independence from those of the civil or criminal order that proceed.

Article 66.- Comet the crime of harm to Human Rights Defenders and Journalists, the public servant or member of the Mechanism that wilfully use, subtract, hide, alter, destroy, transfer, disclose, exploit or take advantage of, or take advantage of, the information provided or obtained by the application, processing, evaluation, implementation or operation of the Mechanism and which harms, puts at risk or causes harm to the Person Human Rights Ombudsman, Journalist, petitioner and beneficiary referred to in this Act.

For the commission of this crime will be imposed from two to nine years in prison, and from seventy to four hundred days fine and dismissal and disablement of two to nine years to carry out another job, public commission.

If only executive acts that should produce the result, or omitting those that should be avoided, will be performed in part or all, and if the result is not consumed by causes beyond the will of the agent, apply half of the penalty.

Article 67.- To the Public Server that in dollosa form alter or manipulate the procedures of the Mechanism to harm, put at risk or cause harm to the Human Rights Defender, Journalist, petitioner and beneficiary, will be charged two to nine years in prison, and seventy to four hundred days fine and dismissal and disablement of two to nine years to carry out other employment, office or public commission referred to in this Law.

Transient

First.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Second.- The Federal Executive will have a term of three to six months maximum, counted from the entry into force of this Decree, to issue the regulation of this Law.

Third.- The Mechanism referred to in the First Chapter shall be established within the following four months from the entry into force of this Law.

Fourth.- The first Governing Board shall be installed within ten working days from the entry into force of this Law, with the participation of the Administration's agencies. Federal Public and the National Human Rights Commission.

Fifth.- Once the first Governing Board is installed, it will have at the end of ten working days to issue the national public call to civil society organizations involved in the defense and protection of human rights, as well as in the exercise of journalism and freedom of expression to form the first Advisory Council.

Sixth.- Once issued the call referred to in Article Fifth Transitional, civil society organizations involved in the defense and promotion of human rights and in the exercise of journalism and freedom of expression, will be registered with the Governing Board and among them will elect the nine members of the first Advisory Council, within a term of one month from the end of the registration. Once the list of the members of the Council has been provided to the first Governing Board, it shall be installed within a period of ten working days.

Seventh.- In the form of the first Advisory Council and for the only time, the four members elected to join the Governing Board will last for four years, three years, three years and the two, two years. The term of office of each counsellor shall be made by lot.

Eighth.- The Governing Board shall be installed definitively and within a period of ten working days from the receipt of the notification of the Advisory Board of the four members. which will participate as members.

Ninth.- Installed the Governing Board and in its first session will appoint the National Executive Coordinator, who in turn, and within one month, submit to the Board approval the names of the holders of the units in charge of the unit.

Tenth.- The Cooperation Agreements referred to in Article 46 shall be concluded within a period of six months from the entry into force of this Decree.

Tenth First.- The Chamber of Deputies of the H. Congress of the Union will allocate resources for the implementation and operation of the Mechanism in the Federation's Government Budget. The resources allocated to the 2012 Federation Budget for the Protection of Journalists and Human Rights Defenders will be part of the budget to implement and operate the Mechanism.

Tenth Second.- To implement and operate the Mechanism, public servants belonging to the Secretariat of the Secretariat will be commissioned, honorably and without prejudice to their acquired rights. Governorate, Attorney General of the Republic and Secretariat of Public Security necessary for the operation of the Units provided for in this Law. In the event that the public servants do not meet the requirements for the formation of the Units, the respective hires will be made.

Tenth Third.- The Secretariats of Finance and Public Credit and Government, shall carry out all necessary acts in accordance with the applicable provisions to constitute the Fund in a three months from the entry into force of this Decree.

Tenth Quarter.- Constituted the Fund, and within one month, the Governing Board shall approve its rules of operation.

Mexico, D.F., on April 30, 2012.-Sen. José González Morfin, President.-Dip. Guadalupe Acosta Naranjo, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Martin Garcia Aviles, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty-two in June of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.