Court confirms suspension to the process against Garduño for the Fire of the INM in Ciudad Juárez; “It’s inoperative and unfounded”

An appeal court confirmed the suspension conditional of Criminal process against the commissioner of the National Migration Institute (INM), Francisco Garduño Yáñezin the case of the 40 dead migrants in the fire of the Ciudad Juárez Migration StationChihuahua, in March 2023.

Unanimously of votes, the magistrates of the Collegiate Court of Appeal of the seventeenth circuit, based in Ciudad Juárez, partially declared “inoperative” and “unfounded” the challenge of the Foundation for Justice and the Democratic State, against the decision of the control judge Víctor Manlio Hernández Calderón, who in January this year granted Garduño Yáñez, the alternate departure of the process to which he was subjected to the process. for his alleged responsibility in the crime of improper exercise of the Public Service.

The lawyers of the Foundation for Justice and the Democratic State, which represent Eight victimsThey alleged that the control judge Víctor Manlio Hernández Calderón had not had to hold the hearing where he granted the conditional suspension of the process, because there were several amparos of victims for venting.

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They also argued that said mechanism did not adjust to the parameters established by law and that the compensation agreed as reparation of the year actually corresponded to the payment by the rape serious of Human Rights detected by the National Human Rights Commission (CNDH) in its recommendation on the case, in addition to the fact that it had to be paid by the commissioner and not by the Mexican State.

However, the Plenary approved the project of magistrate Octavio Pineda Toribio, which concluded that the control judge was obliged to carry out the hearing, since there was a suspension in a protection that Commissioner Francisco Garduño Yáñez processed last year for the repair of the year.

During the session in which it was approved to confirm the conditional suspension of the process, magistrate Octavio Pineda Toribio said that the victim’s representatives were not attended by their arguments that there was an opposition to the process of Damage repair.

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“They rest this argument in the fundamental sense, that he is not the accused (Francisco Garduño Yáñez), who paid off the expenses corresponding to the repair of the damage, and that for this reason the State could not do it, since in principle there is not a judgment that condemns it, and also cannot replace the State to the State to a individual. “

These arguments, said the magistrate, are inoperative because in the case of an alternate solution, such as the provisional suspension of the procedure, the previous existence of the sentence is not required.

“In another order, the circumstance that it is the State that made the corresponding payment cannot consider me as an opposition argument founded on the Damage repair And, in any case, he would be subject to the judgment of those represented “

He added: “In addition to the determinations for payment, there were 300 million pesos, which was authorized for all victims, in the proportion that was established in the hearing itself, hence it is an amount that would be impossible to cover by a single person, and in the case what is privileged is the repair of the damage, without losing sight of the fact that the accused, as an official, made the efforts to achieve that comprehensive repair of the damage.”

Aov/BMC