As usually happens in the morning, yesterday there was another hoax disguised as quarrelsome outrage. Now he was executed by the Undersecretary of Security and Citizen Protection, Ricardo Mejía Berdeja, who threatened the First District Judge of Criminal Proceedings in Tamaulipas, Samuel Ventura Ramos, because he has 120 acquittal liberties in favor of those accused by the Government of Enrique Peña Nieto of the disappearance and crime of the 43 normalistas of Ayotzinapa. “A complaint will be filed with the Federal Judiciary Council and even a criminal complaint,” he said. “We will act accordingly.”
What the undersecretary said is very good, but they need to comply with it. If this were to happen, the Government would have to act against itself, through neglect and negligence. The deficiencies and insufficiencies of the Government maintained the weaknesses and vulnerabilities of the original accusations formulated by the then prosecutor Jesús Murillo Karam, but they incurred something worse: they did nothing to correct them to avoid the releases.
In addressing the criticism of the Tamaulipas judges initiated by the Undersecretary of the Interior, Alejandro Encinas, the president of the Supreme Court of Justice, Arturo Zaldívar, said on Wednesday that the accusations against the judges for their resolutions seemed unfair, because their acquittals derived from one of the First Collegiate Court of the Nineteenth Circuit, in Reynosa, on June 4, 2018, which concluded that the accused had been tortured, affecting the legal process.
Mejía, following the style of the presidential house, played funny. “There has been no due process, but due pretext,” he ironically. Neither he nor Encinas have mentioned the judgment of the Collegiate Court in their recent criticism, on which the Tamaulipas judges issued the contested resolutions, despite the fact that one of its recommendations led to the birth of the Commission for the Investigation of Truth and Justice, headed by the Undersecretary of the Interior. Even on September 20, 2020, when presenting the first report on the Ayotzinapa Case, Encinas recognized the Collegiate Court for having exposed the existence of “sufficient evidence to presume that the confessions that gave rise to the so-called historical truth were obtained through torture. ”.
By then, one of those released, Gilberto López Astudillo, “El Gil”, had already been recruited by Encinas as “Juan”, his star witness to charge the crimes of organized crime and forced disappearance to four soldiers and support his old belief that what happened in Iguala in 2014 was “a state crime.” The silence on the criminal in which he supports his investigation against federal and state authorities, and the complaint against the judges who, under the same precepts, freed dozens more from crime, such as José Luis Abarca, former mayor of Iguala, is a double discourse. whom Encinas identifies as the one who ordered the attack against the normalistas.
The resolutions of the Tamaulipas judges do not like many of us, but it was in the hands of the Government of President Andrés Manuel López Obrador, to correct the errors, authentic or deliberate, of the PGR of Murillo Karam, to avoid releases. They did not, although since November 28, 2018, in Section 32 of the Recommendation of the National Human Rights Commission in the “Iguala Case”, it proposed a formula to strengthen the criminal proceedings against those accused of the crime of the normalistas to recapture those who were unduly released as “El Gil”, and to obtain arrest warrants against other defendants, which meant presenting evidence to the judge that had not been argued. As sample buttons:
1.- The arrest of “La Rana” or “El Güereque”, identified as the perpetrator of the execution of the normalistas, and whose full name, photograph, address in Cocula and location in the United States were provided. This person was identified by the CNDH as “Edgar”, a hitman from Guerreros Unidos, at that time 27 years old, but the PGR confused him -Encinas too- with Professor Erick Uriel Sandoval, who was 32 years old and whom his father called “la frog”, who continues to be persecuted by the justice system for this crime.
2.- The statements obtained by the CNDH from several of the bus drivers, including expert evidence in graphoscopy and documentoscopy that demonstrated the falsity of a document attributed to the driver of the fifth bus, in which he describes what happened with the kidnapping of his unit and the transfer of the normalistas.
3.- The investigation of several telephone lines whose numbers were given confidentially to the PGR, and the analysis of the chats that the DEA provided to the Government that reveal information about the motive for the attacks and the responsibility of “El Gil”.
Peña Nieto’s PGR no longer had time to do anything about it, if at any time it had thought to do so, but López Obrador’s is approaching four years without having done anything to prevent the murderers of the normalistas and their accomplices, they will be free. The lack of compliance with the CNDH Recommendation, the non-observance of its proposals and the neglect of criminal proceedings, resulted in the undue release of the accused.
This Government has been negligent and negligent, committing monumental errors. For example, in the case of Abarca, recently acquitted of the forced disappearance of the normalistas, he was linked to trial on December 16, 2020 for organized crime and operations with resources of illicit origin. Encinas, through the Attorney General’s Office, obtained another arrest warrant against the former mayor for a second crime of organized crime, for which he is already in prison. And although two years ago they investigated him for resources of illicit origin, the Government never intervened in his shopping center in Iguala, which operates as if nothing had happened.
The Abarca thing is an example of the systematic blunders, which lead to asking Mejía Berdeja if the pretexts are not in the Judiciary, but in the Executive.
Raymundo Riva Palacio
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