The Supreme Court of Justice of the Nation (SCJN) granted an amparo to the relatives of Edmundo Reyes Amaya and Gabriel Alberto Cruz Sánchez, former militants of the guerrilla group Ejército Popular Revolucionario (EPR) so that they can declare the military commanders who participated in the operation to his arrest and subsequent disappearance in May 2007, perpetrated in the state of Oaxaca.
By three votes in favor and two against, the First Chamber of the Court approved the draft sentence of Minister Margarita Ríos-Farjat, in which the Secretary of National Defense (Sedena) was ordered to publish extracts of the sentence in various media.
“Given the importance that the passage of time is crucial when it comes to an enforced disappearance, this First Chamber determines that, immediately upon notification of this resolution, the Ministry of National Defense must collaborate with the Attorney General’s Office of the Republic in order to provide the information regarding the people who held said positions, and their status in said corporation so that they appear within the preliminary investigation”, it indicates
The kidnapping and disappearance of Reyes Amaya and Cruz Sánchez occurred on May 24, 2007 around 11:30 in the morning, when members of the Mexican Army assigned to the Eighth Military Region in Ixcotel, Oaxaca, together with agents from the State Public Security General Directorate and the Ministerial Police carried out an operation to arrest them in the vicinity of an Oaxaca hotel.
The judicial resolution adds that “forced disappearance is one of the most serious violations of human rights”, since it subjects the families of the victims to acts that can be compared to torture, cruel and inhuman treatment, because they are still The whereabouts of the former guerrillas are unknown.
Based on these considerations, the First Chamber of the Court also determined that as a measure to repair the damage, Sedena and the Attorney General’s Office of the Republic must publish excerpts from this sentence on their social networks.
“The publication of the progress of the investigation on the website of the FGR. The names of the people accused in the respective publication must remain testated until the final judgment is issued declaring their criminal responsibility, in order to protect their due process and, with it, access to justice for the victims,” he says. the resolvent.
In the aforementioned amparo under review, the The First Chamber concluded that, when analyzing forced disappearance as a human rights violation, the amparo judge must comply with an attenuated standard of proof that allows him or her to analyze indicia and indirect and testimonial evidence, in relation to the context in which events occurred, since forced disappearance is characterized by the lack of direct evidence.
In addition, the High Court determined that, in cases of forced disappearance, the amparo authorities can establish measures aimed at achieving comprehensive reparation, given the nature of these acts, since it is one of the most serious violations of human rights in the world. violate, among others, the rights of freedom, personal integrity, identity, life and recognition of legal personality.
In its ruling, the First Chamber established that, when analyzing forced disappearance as a human rights violation, the amparo ruling must analyze indicia and indirect and testimonial evidence, in relation to the context in which the events occurred, since the disappearance is characterized by the lack of direct evidence.
Therefore, in order to consider the acts claimed in the amparo proceeding to be true, in terms of forced disappearance, it is not necessary to prove criminal responsibility of the public servants involved, that is.
In addition, the High Court determined that, in cases of forced disappearance, the amparo authorities can establish measures aimed at achieving comprehensive reparation, given the nature of these acts, since it is one of the most serious violations of human rights in the world. violate, among others, the rights of freedom, personal integrity, identity, life and recognition of legal personality.
Reference-aristeguinoticias.com
