40-year prison sentence invalidated for ‘El Mochaorejas’ for alleged torture

The First Collegiate Criminal Court in Mexico City invalid the sentence for 40 years imposed on Daniel Arizmendi Lopezbetter known as ‘The Mochaears‘, and his brother Aurelio.

By majority vote, the magistrates agreed that both brothers could have been victims of torture to confess to the kidnappings for which they were arrested.

The Mochaears‘ and his brother were apprehended in Mexico City As part of the investigation of five kidnappings occurred between 1996 and 1997.

Daniel Arizmendi was singled out as the leader of a Band of kidnappers and sentenced to more than 350 years in prison in different criminal proceedings that include kidnapping and attempted kidnapping.

In this way, even if his 40-year sentence is invalidated, he will not be released.

the federal court canceled 14 declarations of members of the group dedicated to kidnapping, including that of ‘El Mochaorejas’, estimating that they were surrendered without the assistance of a defense attorney and that some were probably obtained under torture.

In addition, the Arizmendi brothers and several of their accomplices said in amparo lawsuits that they had been victims of vexationswhile there are medical reports that certify that they presented injuries such as abrasions, knee joint deformation and fractures.

The collegiate also found that the previous judicial instances confusedly and inadequately assessed 37 statements by granting them probative value to prove the crimes without several of them being rendered in the preliminary investigation of the case but even in other investigations, which supposes a due process violation.

Another consideration for the invalidation was that the personality study o “level of danger” of the kidnappers to individualize the sentences and that ‘El Mochaorejas’ be sentenced for kidnapping in accordance with the legislation of the common law and not from the federal jurisdiction.

The file will be sent back to the court for analysis and a new first instance sentence will be issued.

With information from López-Dóriga Digital

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