ES   |   EN

Political hints taint a judicial case

BY: Marco del Toro Carazo

Wednesday 14 February, 2018

An order by Judge Alejandro Caballero Vértiz was notified yesterday, without giving prior notice to the defense, revoking his own rulings in violation of Section 101 of the Federal Code of Criminal Procedure.

This order, which is illegal and drastic, instructs the Judicial Police of the Attorney General’s Office (in Spanish PGR) to guarantee that Mrs. Gordillo cannot receive any friends, except for those who have passed through a filter in which it is determined that they have a " good reputation " and appear on a list of visitors. She must send this list, including copies of ID and proof of residence of all the visitors.

In addition, the judge established that communications via telephone, text messages, e-mails, and other possible communication channels may only be made with the persons that appear on the list, and only those who have passed the decency test.

This was due to a request filed by the PGR that is considered illegal: the case had already been resolved, and even an appeal for rescission of the Attorney General was declared unfounded.

It is interesting that the PGR's request incorporates elements other than the Law, and the benefits of preventive home detention of the senior citizen, obtained from the final and definitive sentence of amparo (constitutional proceeding with no exact equivalent under U.S. law).

The PGR specifically states that police officers cannot listen to the conversations between Ms. Gordillo and her visitors, therefore demands to be authorized to disturb her private life.

The PGR also claims that Mrs. Gordillo's situation, having all the communications channels at her disposal, constitutes a risk to destabilize the peace and security of Mexico.

Such statements constitute a violation of the private life, the privacy of the home, the confidentiality of communications, and the senior citizen’s rights; all regulated by the Political Constitution of the United Mexican States.

This gag, characteristic of totalitarian regimes, makes no sense with the benefits of preventive home detention. Home detention has benefits for senior citizens with a precarious state of health, so they can stay at home while their criminal case is closed.

Security measures should be implemented only to ensure that the senior citizen does not leave the home, that is what you must stick to. By no means authorize any authority to access the home, check text messages, emails, listen to conversations, or phone calls. All of this has an impact on the fundamental rights that cannot be limited in the material implementation of the benefits for the senior citizens with chronic diseases. In fact, such behavior also affects the third parties who are part of the communication, violating the minimum standards of the right to privacy and confidentiality.

The final verdict of amparo, which resulted in preventive home detention, was clear: these measures must not violate the fundamental rights, and now they attempt to do it on the basis that seems more political than legal criteria, confirming that Elba Esther Gordillo has been the victim of a criminal case with political hints.

Legal actions were filed today, to legally stop this atrocity.

Mrs. Gordillo has always shown integrity, prudence respect for the institutions and a total absence of revenge. She has focused on her family and her defense, rightly demanding a resolution of innocence in which politics or any other motive is left aside.

LABELS