In view of the death of 39 migrants due to the fire registered in a provisional immigration station in Ciudad Juárez, Chihuahua, human rights organizations filed a complaint with the Attorney General’s Office of the Republic against the Commissioner of the National Institute of Migration (INM), Francisco Garduño Yáñez; the head of Migration in Chihuahua, Salvador González Guerrero; the local and northeast representative of the Migration representative office, Daniel Goray Yosioka, and other public servants and private guards involved in these events.
The denunciation of facts is to investigate the probable responsibility of all these public servants in the crimes of unlawful arrest, homicide and injury to the detriment of the 39 deceased migrants, in its modality of commission by omission, for not allowing the migrants to leave the immigration stay, despite the fact that they had the opportunity to do so.
The document also asks to investigate other crimes or criminal behaviors that could be related to the death of the migrants who were deprived of their liberty, such as corruption and abuse of authority.
In order to carry out the investigation impartially, the organizations Foundation for Justice and the Democratic State of Law (FJEDD), the Institute for Women in Migration (Imumi) and Integral Human Rights in Action (DHIA), among others, demanded immediate removal from office the Migration Commissioner, Francisco Garduño; and of the other two officials that they intend to impute.
This precautionary measure is to prevent these officials from could influence or hinder the investigation; In addition, it is also requested to investigate the origin of the fire and based on this, the degree of criminal responsibility of each of the public servants cited in the complaint.
In the text of the complaint, the human rights organizations warn that the investigation should not be limited to the day of the fireRather, it must include an analysis of the obligations of public servants, including any action that would have prevented the death of 39 migrants and injuries to 26 more.
“It is necessary to insist that these obligations are not reduced to those that appear to have been breached during the fire, but also to those prior to that include supervision and adherence to the minimum standards for the detention of migrants, the selection, training, and supervision of the staff”, details the complaint.
The FGR is also asked to verify compliance with protection regulations and the application of protocols to prevent risks and prevent the death of migrants.
The complaint reveals that between 2019 and 2022 there had already been situations of risk, attempted fires and riots of migrants in other immigration detention centers with a balance of two people dead in various entities of the country, for which it was an obligation. of the Migration Commissioner, Francisco Garduño, design a support protocol for people on the move in cases similar to that of Ciudad Juárez, Chihuahua.
“The existence of these obligations is what makes it possible to establish the quality of guarantors of public servants, which imposes on the Attorney General of the Republic the obligation to investigate the possible commission of crimes that implied the loss of life (homicide) and the impact on the health (injuries) of migrants, in its mode of commission by omission based on article 7 of the Federal Penal Code”concludes the complaint.