Tuesday, August 16, 2016

Mexico-Ayotzinapa: Court Rules Charges of Forced Disappearance Can't Be Sustained Because Students Weren't "Concealed" for Extended Time

Posted by DD Republished from Mexico Voices

La Jornada: Alfredo Méndez
 
  The PGR [Attorney General's Office] recently was denied by federal courts from bringing the charge of forced disappearance against José Lus Abarca, then mayor of the municipality of Iguala and his wife, María de los Ángeles Pineda Villa in regard to the disappearance of the 43 Ayotzinapa students in that city in Guerrero in September 2014.

According to officials with the Federal Judiciary who asked not to be named, proving the federal crime of enforced disappearance of a person is becoming a real challenge for the Attorney General's Office (PGR). The judges explained to La Jornada that the problem for prosecutors is that forced disappearance is a "kind of crime" that involves a very specific legal technique: that is, complete proof of three requirements:
 María de los Ángeles Pineda Villa and her husband José Lus Abarca
  • Concealment of the victims for an extended time;
  • Refusal by the accused [suspect] to give reliable information about the victims' whereabouts; and that
  • Civilians involved take advantage of the support of [government] officials.
The three conditions imposed by this specific crime are, moreover, indivisible, such that in the absence of any one, the criminal act is not proved.

In May, following such arguments, the Second Unitary [Appellate] Criminal Court of Tamaulipas rejected issuing an arrest warrant for enforced disappearance against 56 defendants, including the former mayor and his wife, municipal police from Iguala and Cocula, and alleged members of the Guerreros Unidos [Warriors United] criminal gang.  This was the second legal petition by the PGR, which is therefore not subject to further appeal.

According to the point of view of this Unitary Court (comprised of one federal judge), the PGR was not able to prove that the 56 suspects accused of the crime had hidden the 43 students, which is one of the three elements of the crime of enforced disappearance.

Inasmuch as that requirement was not met, the court did not proceed to analyze the other two requirements [suspect's refusal to give information; involved civilians taking benefit of official support].

The judge's decision indicates:
"The legal nature of the crime of enforced disappearance is different from other types of criminal attacks on personal freedom, as it penalizes the repressive actions of a governmental nature against civil society, which results not only in the deprivation of freedom one or more individuals, but predominantly in their concealment under arrest." [Emphasis added.]
The decision adds
"similarly, the procedural evidence points out that the victims (43 student teachers) were not held in concealment; to the contrary, they were detained, deprived of their liberty and transported to where they were summarily executed."
In the same judicial decision, it is mentioned that the crime of enforced disappearance has a repressive purpose, which implies extensive deprivation of liberty over days, weeks or months, which in the case of the Ayotzinapa students did not happen becausethe Unitary Court ruled,
"the documents submitted for the proceedings indicate that the students were most likely killed hours after their arrest."
This decision by the Unitary Court is final for the Office of the Attorney General [i.e., it cannot be appealed].
the happy couple


6 comments:

  1. Interpretation: the judge earned his pay that day. Sad, sad, sad...

    ReplyDelete
  2. A bunch of mumbo jumbo . This is a weird sounding extra charge anyway . When I first started to read this I thought these scummy pieces of shit were going to be released . There dozens of different charges that should be easy enough to prosecute . Any one of them should keep them locked up for the remainder of their lives . I think they should be hung from a telephone pole in Iguala and their corpses desicrated

    ReplyDelete
  3. Nasty but not guilty...
    The international courts of human rights may have other rules, epn is the responsible one, and the one obstructing the investigation with all his might and ministers, he is the commander in chief of the armed forces, his secretaries of defense, of the army, marina, public security, the CC4 controllers, policia judicial federal y estatal, 5he military zone commander, and 18 soldiers the investigators were "not allowed to interrogate..."
    --Tamaulipas does not know what is going on in tamaulipas how the hell do they get involved in this guerrero state case?
    The case got cold, release the accused, "they had no ill designs or racism in their hearts" that can be proved, but the state did, and 5HEY did it

    ReplyDelete
  4. Desde Tierra Caliente

    Y está el tonto que se cree que la declaración de ser diferente

    ReplyDelete
    Replies
    1. I'm not hearing that they are going free . What I am hearing is that one charge cant be prosecuted . Sounds like they are still being prosecuted on several charges that are equal to capital offences in the usa . The USA showed you in San Antonio that Mexico may not get justice but if the usa gets them they wont get away with it even if it happened in Mexico . I wish somebody would piss in that ZETA's food every day for the rest of his sorry life .

      Delete

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