The “dirty justice” in Mexico

National The flat help and plain of the court; three ministers vote to favor The “dirty justice” in Mexico By: Carlos Damian February 1, 2013 They culminate seven years of litigation; the kidnappings pass to second plane Mexico. - In an unexpected decision, the first room of the Supreme Court of Justice of the Nation (SCJN) it ordered the immediate freedom, and without taking into account to the victims of the kidnapping, of Florence Cassez (FC), French citizen. In a voting of three at two, and with the argument that the television assembly of its detention, carried out by the Mexican government, “generated the destruction of the principle of presumption of innocence, the impossibility that she had an appropriate defense and it was in the most absolute abandonment” in the face of the Mexican justice. None of the five ministers showed or it debated about the guilt or not guilty of the foreign kidnapper. The judges only fixed their posture around if the human rights of FC were violated and if it would be left in freedom or to dictate her new sentence. Judges Arturo Zaldivar (AZ), Alfredo Gutierrez Ortiz Mena (AGOM), and Olga Sanchez Cordero (OSC), they opted in favor of granting habeas corpus, when considering that the violation to the human rights of the complaining one was “so serious that generated a corruptive effect in the whole process". It transcended that Sanchez Cordero's strategy to favor the most possible thing to FC worked and that its posture in favor of liberating the accused that had been sentenced to 60 years of prison by the serious crime of kidnapping, but she had the support (of EPN) that herself didn't wait. Judicial sources explained that their decision of not taking the use from the word to the beginning of the discussion of the matter for not having to define a posture before the other four ministers made it, it worked her; this way, when the new member of the room, Alfredo Gutierrez, pointed out that “where a wrong, the right exists it should provide the respective remedy", the turn in the discussion was total and it left the on ready table so that the minister changed her initial proposal to grant habeas corpus “for effects", and that an unitary tribunal dictated new sentence leaving of side testimonies that inculpated her obtained illicitly by the Federal Police. "We cannot ignore that this matter transcends and it demands the execution of the due legal process as the most appropriate form with which the Mexican State responds to the violation to the human rights of that real person that it is in its territory subject to penal process", it indicated OSC on the other hand. She visibly excited and knowingly that with their vote litigation would end of more than seven years that it even affected the diplomatic relationships between Mexico and France during the whole six years of federal administration of F, Calderon. OSC, pointed out: " I don't also pass for stopping, and it is necessary to say it, my empathy toward the victims to who I manifest my most sincere solidarity. I cannot stop to consider that the main rights of the victims are the right to the truth and the justice." Minister AZ pointed out that the assembly that made the previous Federal Agency of Investigation (AFI), to the control of Genaro Garcia Luna; he had a corruptive effect in the whole process against FC. He remembered that the first room had already voted unanimously in similar way in matter like that of the natives accused of the slaughter of Acteal, of indigenous and of people as less favored classes. "And I wouldn’t have any reason to vote different today". The first one in speaking minister Jose Ramon Cossio who discredited the project of OSC of entrance was. He pointed out that a thing was to recognize that there were important violations to the French citizen's human rights and other completely different to not affect the technique of the trial of direct habeas corpus attracted as era the case. He insisted in that although the filming that were carried out during the capture - he isn’t commented the assembly explicitly - they contaminated the process and the declarations of witness, that didn't mean a widespread affectation of other declarations or of other elements on trial. It proposed them to be left without effect the declarations in amplification of Cristina Rios Valladares and of their smaller son Christian Hilario Ramirez Rios, so that they were not taken into account by the unitary tribunal that dictated sentence. In third place Brown Rebolledo spoke who contrary to the posture that assumed in passed March, now it said that the matter should be returned to the collegiate tribunal that dictated sentence March 2, 2009, so that it will analyze the amplifications of the referred witness declarations exclusively, only in the aspect where it is identified to the complaining one to have been seen in a video transmitted by television that derived of an illegal assembly." When taking their place minister AGOM, he asserted that it was affected the due legal process and the obtaining of the illicit on trial, when existing the delay in supposition to ministerial disposition, and under the added difficulty of the assembly, “that becomes of a scene reproduced before the massive means of communication, with induction toward the victims, and position witness that harmed the fundamental rights of presumption of innocence and freedom". The minister had generated expectations on the way of his vote; it finished inopportune form voting for the immediate freedom of FC. She knowing that her strategy had worked, the last one in speaking the minister instructor OSC who remembered was that in passed March she had shared, together with AZ, the proposal of leaving in freedom to the accuser; she commented that 99 of the 150 pages of their project recaptured the arguments that the minister fenced the first time that the room knew of the case, and that for that reason it would recapture its original position and it changed the resolutely of its proposal. When finishing their exhibition, the president of the first room, Brown Jorge Rebolledo, gives it officialism the resolution that their partner had already decided. It is a dirt the justice: EEF Ezequiel Elizalde Flores (EEF), one of the French criminal's Florence Cassez victims and of their boyfriend Israel Vallarta, the boss of the band, well-known as 'Los Zodíaco', he affirmed: "This country for me doesn't exist more. Everything was dirt. I leave of here". The kidnapping victim for the criminal Band, it was interviewee, after the session of the SCJN, in which liberated the French criminal, and that it canceled with their action a 60 year-old sentence that Mexican judges dictated her when finding it guilty of kidnapping, the plagiarism victim, pointed out: "This has been a nightmare that today concludes with an injustice. It is incredible that this has happened and that the tribunal where it is supposed that they respect the human rights they had decided the liberation of a kidnapper". Where our human rights like victims are and as Mexican citizens. Accompanied for integral of the civil organization ' stop to the kidnapping' EEF informed to have sent a letter to president EPN by means of which exposed its situation of victim of FC and the members of the band ' Los Zodiaco'. The testimonies of EEF were not questioned or positions in doubt during the penal process and the appeals that he carried out the defense of FC. In their point out he said to recognize “fully and without fear to make a mistake to my kidnapper. It was her who gave me of eating in the first house of security and she injected me a finger to amputate it to me and to press to my family for the rescue payment". EEF 65 days it passed in captivity. He during several months lived in the Laredo City, TX, and it traveled to Mexico to know the sentence that the SCJN would emit on the habeas corpus promoted by FC, it assured: "It is a dirt", the Mexican justice. (La Jornada, politica, p.p. 6-9, January 24, 2013).