ABC Process

National
The sentence of the Court does not annul inquiries on kindergartens
Process ABC
By: Carlos Damián August 12, 2010
Gomez Mont denies that may have gone to the court to litigate against parents of the victims
México. - The Governance secretary, Fernando Gomez Mont (FGM), left in defense of the high public officials linked with the fire in the kindergarten ABC of Hermosillo, Sonora, Mexico and affirmed that in the previous days to the sentence attended to the Supreme Justice Court of the Nation (SCJN) to converse with the ministers in an action "in good faith, without shame, and not to litigate against the parents! Of the victims. On Thursday (17/June/10) the official qualified as "neat" the resolution of the maximum court of the country, and yesterday he made a wide position to countersign the position of the government in the sense of the fact that personages as Juan Molinar Horcasitas, ex directing of the IMSS, they do not have responsibility in the tragedy of the June 5, 2009, in the one which 49 children died and injuries in 104 due to fire occurred in the kindergarten ABC.

In reference to the fact that to punish the officials would not be a just act, Gomez Mont answered, "in serious, an climbing not ruled, abstract (about) of the political responsibility, ethical and moral is the solution?... Chance a so deep pain (by the victims) will be alleviated with an injustice?" The secretary fixed in press conference the position of the dependency in connection with the conclusions of the Court, instance that it did not guarantee disorder generalized in the child cares system of the Mexican social security Institute (IMSS), but serious violations of individual guarantees.

That resolution, indicated does not interrupt the investigation underway neither annuls the penal processes that the offices of the prosecutor - General of the Republic and of Justice of Sonora - have consigned bring face to face the courts, in those which is involved to 17 persons in the federal jurisdiction and seven on the premises. In attention to the judgment of the SCJN, the government is committed to promote a new law of civil protection and to offer a life attention to the injured children, as well as to the relatives of the expired.

Nevertheless, the responsible for the internal policy indicated that it is "very little probable" that the authorities of justice proxy widen their investigation to top-level officials or of those not indicated by the Court. To the government was concerning to it that the project of the referee minister sought to establish responsibilities would be of the framework of the law and are fixed criteria based on ethical and moral valuations, but never is concerned about the justice.

Exposed the governance secretary, that in a first review to the kindergartens must be made compatible the defects existence with the possibility of the fact that the same will be corrected, because can not be closed these centers only because there are irregularities (!!49 dead children!), since these stays "are spaces emancipators, above all of the women of this country".

Avoid Karam questionsWith nothing will be able to repair the damage that caused the fire in the kindergarten ABC; any action will be small before the size of the tragedy, said Daniel Karam Toumeh, executive of the IMSS and emphasized that even though concluded the investigation process of the SCJN "my personal duties and my labor as general director “they shouldn’t stop the march of the IMSS". After reiterating that the fire in the kindergarten, that caused the death of 49 children, it has been the "passage but painful and sad" of the history of the IMSS, he indicated that during the investigation that accomplished SCJN he collaborated with what was necessary for the alleviation of the case.

During the conference evening he did not accept questions neither took issue with the indicators starting, first of the commission nominate by the magistrates and then the one which elaborated the minister Arturo Zaldivar, about the quality of the medical services that received the infants that suffered burns, or other injuries by the exposition to the fire and to the smoke.

Relater of the UN: inconceivable! Resolution of the Court
The special relater of the UN for the right to the education, Vernor Muñoz (VM), considered "inconceivable those are not fixed responsibilities" on the fire of the kindergarten ABC, of the death of 49 children and injuries to other 104, after the sentence of the SCJN. In a forum with specialists of the educational system, supported that this occurs "in spite the reports existence that apparently indicate in a way consistent responsible for this topic".

Emphasized VM that before the disarmament of the organizations of the civil society in Mexico are not generated conditions to develop mechanisms of "demandingly and justifiability" of the right to the education. The case concretely is that the federal authority should take it with the greater seriousness, above all if there are reports that indicate consistently responsible in this situation in particular. Also it indicated to the Commission of the Human Laws, it has been "unbalanced" in the defense of the right to the education, since "would have to be protagonist greater in the mobilization of the civil society". (La Jornada, política, p. 3, June 19, 2010).