domingo, 10 de marzo de 2013

The justice without virtue

National The president influenced in the decision of the judges of the SCJN: AMLO The justice without virtue By: Carlos Damian January 28,2013 The illegality acquits a foreigner in Mexico Mexico. - For majority of three votes against two, the first room of SCJN ordered January 23, 2013, that it was already sentenced and judged by the court the guilt of the kidnapping of the band the even active “Los zodiaco” in the center of the Mexican Republic, although it was recognized that the French criminal when being liberated was not determined if she was guilty or not guilty. The SCJN after recognizing the irregularities in that it incurred the authority during their detention, in December of 2005, as well as the procedure infractions made by the agents of the Public Ministry in its against. What should be seen as something in principle positive; the recognition for the maximum tribunal of the country of the certain police and judicial bad habits that to newspaper the Mexicans suffer. The violation to the human rights of the foreign Florence Cassez, in this perspective acquires connotations worrying on the deplorable state that they keep the justice in the country, with Mexican prisoners' thousands for injustices and errors when getting the entirety of the tests in its against. In the first place, the voting of January 23, it was preceded by a cloudy deliberation process and distilled in the platoon of the maximum tribunal that included two contradictory sentences to each other and it ended up solving thanks to a sudden change in to minister's Olga Sanchez Cordero posture who gave up the resolutely of their own verdict project, in which outlined to restore the trial to F. Cassez in an unitary tribunal, but after all she joined to the proposal of granting her the immediate liberation, like it proposed minister's Arturo Zaldivar original project, discussed and rejected in March of last year. It isn’t less disturbing that this turn shown among the members of the maximum tribunal coincides with the change of initials and colors in the Presidency of the Republic. Apart from this, and without ignoring that the group of the judicial cause against F. Cassez was polluted of origin for the bad habits observed during its detention, the reasonable thing had been the reinstatement of the corresponding process, to effect of clarifying and give it completly its participation or not in the crimes that are imputed whose existence is as certain as the violations made in its against. On the other hand, with the decision of granting a “flat and simple liberation” to the French citizen, the SCJN pays to the impunity and it injures the right state from the victims to the justice, it runs over their human rights like victims and human being. These victims suffered their kidnapping, insofar as possible and according to the average information, they also suffered during the process, humiliation and scorn on the part of the Mexican authorities in charge of the judicial process. For that that a system of justice characterized by the systematic violation to the human rights, for the production of guilty and for the alteration of tests and testimonies of the authority, the Judicial Power could discharge, with similar arguments to the employees for the SCJN, and most of the population penitentiary in the country (92%), they should be enjoying its immediate freedom without discussion, if they are guilty or not guilty. The illegality made justice The president of the National Council of Morena, Andrés Manuel Lopez Obrador, AMLO, affirmed that the Supreme Court of Justice of the Nation (SCJN), it made a “monstrosity” when liberating the French Florence Cassez, and he added that president Enrique Peña Nieto (EPN), “it influenced” in the decision that the ministers made. "I am sure of that that didn't go strange to EPN; it was to win grace and to be well with the French government, but it was very bad with the town of Mexico. In fact “the process should be restored, to integrate the previous verification well and to make justice, not to punish to the force to Mrs. Cassez, and if it was demonstrated at the end that wasn’t guilty, to leave it in freedom". In Chiapas, Tuxtla Gutierrez, the candidate sustained that inside this case, they are taking a long time in prosecuting the former secretary of federal Public Security, Genaro Garcia Luna who made the great assembly for television. In this line of information, we have that the judicial miseries exhibited by the failure of the maximum tribunal the impunity should be added that persists for officials like Genaro Garcia Luna, and Daniel Cabeza de Vaca, all them regular executives in their time of the missing AFI and of the PGR, respectively, to the moment of F. Cassez's detention. Since these characters of sad memory were who, in connivance with the television Corporations, they carried out an assembly in which the criminal kidnapper's capture was presented as if they will be carried out in real time. Not less serious it is the responsibility, be this way political, of Vicente Fox and Felipe Calderon whose governments incurred in a concealment and a dirt few times seen around the bad habits that reigned in the process against the French criminal, attitudes that in the case of the previous federal government, they took to the country to a diplomatic crisis with undue France of the Judicial Power on the Judicial one. In contrast with that whole chain of negligence and violations that they beginning with F. Cassez's irregular detention and its accomplices culminates with a questionable failure that mines the foundations of the legality that it acquits a foreign citizen sentenced by three judicial instances, and that when avoiding the search of the artificial truth clearly with its illegal escape allowed by the federal authorities; it is equal to a renouncement of the State to impart justice and auto-disqualification of the institutions in charge of safeguarding the right state. This pulls strings it questions to the state, what would it happen to a ferocious foreign murderer of the cartels of the drugs in Mexico? Perhaps it would be liberated by judicial errors, and bad habits in the judicial process when integrating their file, or they would make him an assembly for television. It is the question. (La Jornada, política, p.p. 2-8, 24 de Enero de 2013).

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