The Pena Nieto's justice

National The former president Sarkozy took the case FC, as notebook of State Peña Nieto's justice By: Carlos Damian February 7, 2013 The first sentence against FC, in 2008 was of 96 years. Mexico. - December 9, 2005, the elements of the Federal Agency of Investigation (AFI, in Spanish) to Cardinal Luis Cardenas Palomino' control and Javier Garza Palacios stopped in the ranch Las Chinitas, in the kilometer 23 of the federal highway to Cuernavaca, in the Federal District, to the kidnappers Florence Cassez (FC), and their boyfriend Israel Vallarta Cisneros (IVC), leader of the criminal band Los Zodiaco". The operative one was in fact transmitted live for television. The director of the AFI was Genaro Garcia Luna. In April of 2008, a district judge sentenced FC to 96 years of prison, when finding it guilty of kidnapping. The condemnation was appealed and a unitary tribunal reduced it to 60 years. The Mexican victims don't care The case takes political tints then, since the French government, headed by Nicolas Sarkozy, hired a lawyer who requested to the Mexican authorities that allowed the transfer from FC to France to purge his sentence, but president Felipe Calderon (FC) there, he was opposed it. In 2009, during a visit of Mexico State, Sarkozy requested FC that authorized the transfer directly. June 22, 2009 the government reiterated that the French citizen should complete her sentence in Mexico. Before them, the defense of FC, promoted a “habeas corpus” resource against the sentence and it asked that the legality of the process was revised. In February of 2012, for the first time the Supreme Court of Justice of the Nation (SCJN) it accepted to revise the case, and in March the first room denied for three votes at two a habeas corpus that granted to she the liberate immediate of the accused, although it was considered that the Mexican authorities that stopped it violated its right to a due process. To the criminal group of 'Los Zodiaco', according to information of the Secretary of Federal Public Security, it was related with more than 20 plagiarisms between 2005 and 2010, and the original band was divided in three cells, well-known as 'Los Japos', 'Los Palafox', and 'Los Tablajeros'. Mario Vallarta Cisneros, brother of IVC, and singly the only member of Los Zodiaco that continued free, it was captured in the Federal District in April of 2012. IVC has not been sentenced and the habeas corpus will serve so that the positions of three cases of kidnapping are discarded, although he is imputed participation in seven more crimes. This is Enrique Peña Nieto dirty Mexican justice While representatives of diverse social organizations criticized that the SCJN liberated the French citizen FC, lawyer Frank Berton, celebrated the victory of the French about the Mexican justice. On the other hand the leaders of 'Mexico SOS', Alejandro Marti, and Isabel Miranda, of ' High to the kidnapping, they assured that the measure is worry, because other accused people of kidnapping could use the sentence of the Court in the case FC to obtain its freedom. Isabel Miranda de Wallace declared: "The SCJN opens the door to the impunity. He doesn't care kidnapping victims. For the ministers, they don't count victims. What is worth is the power of the money. The court didn't establish that FC isn’t guilty, they only said that she left it in freedom because its rights were violated." Alejandro Marti on the other hand pointed out that one of the kidnappers and homicidal of his son, identified as Noe Robles, it is using in his defense the same arguments used by the defense of FC, and he noticed that “without settling down if some inculpated has responsibility, the Court he can leave in freedom to kidnappers, criminals, and murderers with the same pretext that theirs human rights were not respected to a due process". JMK, said “it should be avoided that this happens again and that somebody can be acquitted, taken out of the jail, independently of its guilt or not guilty", because some authority didn't respect the procedures appropriately. You cannot postpone a new accusatory system: PGR In the case of the PGR, after a habeas corpus granted by the SCJN. The General Attorney's office of the Republic (PGR) it considered “established to take the indispensable actions the implementation of the new accusatory penal system that points out the constitution, to hurry as well as to carry out the exhaustive revision of the investigation techniques about the crime, so that this way to generate a new form of procurement of justice with full respect to the human rights". The PGR added that during its discussion, the ministers of the Court established that they granted the direct habeas corpus because they registered violations to the human rights. Before them, the tribunal considered that it was not the instance to judge if FC was guilty or not guilty, and if doubts of its guilt existed. The executive of the PGR, Jesus Murillo Karam, (JMK), he said during an interview on the radio that the institution would be adjusted to what the SCJN decided", and that it would be necessary to accelerate the setting-up of the new system of penal justice. The jurists celebrated that Olga Sanchez Cordero project (OSC), it has not been approved, since originally she intended that the statement of three kidnapping victims was discredited, because that had benefitted the codefendants indirectly in the case of FC. They added that due to the ineptitude and terrible decision of the SCJN; that as much the French as the victims can go to the international instances with base in what they establish the American Convention of human rights, the first one to bring an action against and to demand to the Mexican State the repair of the moral damage, to condemn her with illicit tests and the second to controvert the resolution of the Mexican Court and to request an order of international apprehension against the French criminal. Marco Antonio del Toro, lawyer penologist, sustained that the resolution of the Court strengthens the legal principle that all test that it is gotten in an illicit way it should be discarded in the trial. Jose Patino Hurtado, grateful penologist, said: Genaro Garcia Luna incurred in abuse of authority and it can be denounced before the PGR so that they take it to prison; also, it can be it brings an action against at international level on the part of FC", he insisted. IVC won't do since beneficiary with the resolution that ordered the immediate freedom of the French, in the case other elements like tests of evidences in its against, they exist in theirs against, among them its own confession of the kidnapping crime that was imputed, coincided in pointing out JMK, the minister of the Corte OSC. "In the penal right the responsibility of those inculpated is personal", JMK sustained during its interview of radio-station where it rejected that the sentence of the Court benefits to direct IVC or indirectly. OSC said in turn that in its due moment IVC will have to appeal to habeas corpus so that it is analyzed if to him they also affected him the irregularities in the investigation of the case FC. Several justices’ lawyers coincided in the fact of the risk that IVC or other kidnappers obtain freedoms after the sentence of the SCJN. (La Jornada, política, p.p. 4-6, 24 de Enero de 2013).