ABC kindergarten

National
The project makes responsible to 14 officials of violating the human rights
The kindergarten ABC
By: Carlos Damian August 11, 2010
Members of the court consider that it should be to include all the reports
México. - After a year and days that the tragedy happened in the kindergarten ABC, nobody is guilty and the jails waiting be occupied for the responsible of the assassination of 49 children and their parents wait justice of part of the state yet, though it will be late. Now it intervenes the full of the Supreme Justice Court of the Nation (SCJN) undertakes today the discussion of the judgment elaborated by the magistrate Arturo Zaldivar, in the one which makes responsible to 14 officials of the serious violation of individual guarantees in the case.

The first topic that will discuss the examining judges will be if the investigation about the matter was sufficient. Transcended that some magistrates consider that after that was made public the judgment of an American specialist, according to the one which the fire in the infantile kinder was provoked. Such topic will be included in the discussion. If prospers the idea, would imply to postpone the discussion of the matter at least some days. On the other hand other magistrates have expressed in deprived to their collaborative that the appearance of the new specialist work of the public prosecutor does not has why to influence the decision that adopt the maximum court.

Violation of the human rights
Because their commission is to determine if the involved officials violated the individual guarantees –human rights- of 49 children that expired and of 104 that resulted injured. On this would depend if the judgers consider sufficient to indicate the responsibility of the involved public officials. Particularly of Juan Molinar Horcasitas, ex directing of the Mexican Institute of the Social Security (IMSS) and current Communications and Transportation secretary: Daniel Karam, directing of the IMSS, and Eduardo Bours, ex governing of Sound, as outlines it the judgment.

Once it surpassed the topic, there are magistrates that will include in the discussion two matters that the judgment of Arturo Zaldivar does not envisage. Consulted magistrates indicated that when support in general terms the judgment of Zaldivar yet, this judge let a topic would be astutely in the one which the Court must be pronounced: the constitutionality of the system of kindergarten subrogation to particular. Called the attention the Justices Commission on a document that says that in the pasts three decades the IMSS granted contracts for child cares subrogate without having constitutional powers for this.

The foregoing because the Federal Law of the Work (LFT) does not anticipate that the IMSS delegate in particular the responsibility about caring to the children about the workers. The legislation indicates that the standards can open kindergarten in the work centers nothing else; in these topics of distraction of the ministers, also they would be accused the public officials of force of subject the individual guarantees –human rights-.

Concretely, the idea is that the owners of the kindergarten ABC: Gildardo Urquides, ex finances secretary of the PRI in Sonora, and the Mrs. Marcia Gomez del Campo - familiar of Margarita Zavala, wife of the president of Mexico - and Sandra Tellez Nieves also answer by the serious guarantees violation –human rights- , the same as the involved officials. This independently of the possible penal and civil sanctions that would be made responsible the guilty according to the previous inquiry that opened the General office of the prosecutor of the Republic (PGR) on those facts.

Failure of the Court does not annul inquiries about kindergarten
The failure of the Court was unilateral and miserable because does not accuse all the involved officials. The fat fish were exonerated because went to lobby. The president of the special Commission to analyze the plans of services subordination to other company in the public sector of the Deputies Chamber, Emilio Serrano, announced that will denounce to the ministers of the SCJN José Fernando Franco Gonzalez Salas and Sergio Armando Valls Hernandez by prevarication - offense that consists in which an authority, judge or official dictate an arbitrational resolution in a judicial or administrative matter, knowingly of the fact that this is unjust – bring face to face the general office of the prosecutor of the Republic (PGR), and demanded to the PGR give entry to the penal accusation.

Serrano said, the offense of the magistrates was configured, because voted in against of the judgment of the minister Arturo Zaldívar Lelo de Larrea about the case of the kindergarten ABC of Hermosillo, Sonora, when were knowing that had conflict of interest in the topic. "The members of the SCJN that voted in against of the judgment of the magistrate Zaldívar Lelo they pretended that in Mexico does not pass anything". The legislator of the PRD added that in the case of the kindergarten "such seems that was made a settlement: they prepared very well the area, after of the lobbying of Governance secretary (SG), Fernando Gomez Mont that made with the judges of the court.

After of the lobbying that made Juan Molinar Horcasitas, continued to Eduardo Bours, now results that prepared very well the difference of votes, six in against of the judgment project and five in favor, what was recognized and applauded by the Mexican society. The justice arrives late but no longer it is justice. (La Jornada, política, p. 20, 14 de junio, 2010).