The confessed murderer of the Mexican presidential candidate Luis Donaldo Colosio, who is serving a sentence of 45 years in prison since 1994, will remain in prison, given that the Supreme Court of Justice of the Nation (SCJN) revoked on Wednesday an October 2023 court decision that It invalidated his sentence and opened the way for him to freedom.
As explained by the high court in a statement, in the previous judicial decision it was omitted to summon the possible indirect victims of homicide to hear their arguments and that is why the Court annulled the decision and ordered the reinstatement of the amparo trial procedure.
Mario Aburto declared himself the material author of the murder of Colosio, the candidate of the Institutional Revolutionary Party (PRI) who was shot twice on March 23, 1994 during a campaign rally in the border city of Tijuana, in the state of Baja California.
The murder triggered a strong political crisis in Mexico and was always surrounded by controversy.
Aburto, who is currently in a maximum security prison, cHe confessed that he acted alone to murder Colosio, but some time later he reported that it was victim of repeated torture, amidst versions that the homicide could have had political connotations and been encouraged by those in power.
In 1994, the president of Mexico was Carlos Salinas de Gortari, also from the PRI, a party in which there were different factions and groups.
Following complaints of torture, the National Human Rights Commission recommended that the federal prosecutor’s office reopen the investigation.
Mario Aburto, Colosio’s murderer, will remain in prison: SCJN revokes protection that would set him free
The Federal Institute of Public Defender (IFDP), which acts as Aburto’s defense, stated last year that the ruling of the collegiate court could open the way for Aburto to be released because it invalidated the 1994 sentence, alleging that The murderer should have been tried for the crime of homicide based on the criminal code of the state of Baja California, which contemplates a maximum sentence of 30 years for that crime – already served – and not according to the federal criminal code.
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Now The collegiate court must order the necessary steps to summon the indirect victims to present their criteria and then there is a new statement.
However, the son of the deceased, the now senator Luis Donaldo Colosio Riojas, asked the Government to pardon Aburto and to exile himself from the country to end the controversy, but until today he has not been heard.
That of Colosio, the most serious assassination of 1928
Colosio’s murder is considered the most serious assassination in Mexico since 1928, when the elected president Álvaro Obregón was assassinated, because he was a candidate of the then hegemonic Institutional Revolutionary Party (PRI), which always won the elections until 2000.
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Government points to a second theory
The controversy has been revived because Andrés Manuel López Obrador (2018-2024) and Claudia Sheinbaum, have supported the new theory of the Attorney General’s Office (FGR) about a second shooter with ties to his main political rivals.
According to both, the second shooter was Jorge Antonio Sánchez, agent of the National Research and Security Center (Cisen).an espionage agency of the Government of Carlos Salinas de Gortari (1988-1994), and received protection from agent Genaro García Luna, who was Secretary of Security of then President Felipe Calderón (2006-2012).
*With information from The Universal, AP y EFE
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**Interview with Legal Expert Dr. Ana García on the Supreme Court’s Recent Decision Regarding Mario Aburto**
**Interviewer:** Thank you for joining us today, Dr. García. The Supreme Court recently decided to uphold Mario Aburto’s 45-year sentence for the assassination of Luis Donaldo Colosio. Can you explain what led to this decision?
**Dr. García:** Thank you for having me. The Supreme Court annulled a previous court ruling from October 2023 that had invalidated Aburto’s sentence. The high court’s decision was primarily based on procedural issues; the earlier ruling didn’t properly summon potential indirect victims, which is a crucial step in these types of cases. This lack of due process forced the Court to reinstate the amparo trial, ensuring that all voices, particularly those of the victims’ families, are heard in the legal proceedings.
**Interviewer:** What impact does this ruling have on the ongoing debate regarding Aburto’s alleged torture and the political implications surrounding Colosio’s assassination?
**Dr. García:** This ruling keeps the focus on both the legal and political aspects of the case. Aburto has claimed that he was tortured, which raises significant questions about the integrity of the judicial process he underwent. Furthermore, the murder of Colosio was a pivotal moment in Mexican politics, prompting speculation about state complicity. The Court’s decision underscores the importance of addressing both the legal process and the broader political intricacies that surround this case.
**Interviewer:** There have been calls from Colosio’s family, particularly his son, to allow Aburto to go into exile rather than serving out his full sentence. What are your thoughts about this approach?
**Dr. García:** While it’s understandable that victims’ families seek some form of resolution, granting a pardon or exile could set a precedent that undermines the rule of law. The legal system should provide justice for the crime committed, and allowing Aburto to escape the consequences could be viewed as a failure to hold him accountable. It’s crucial that any resolution is based on legal grounds and respects the rights of all parties involved.
**Interviewer:** In the coming months, what steps do you foresee in the judicial process concerning this case?
**Dr. García:** The collegiate court will need to summon the indirect victims to hear their arguments, which is a significant step in ensuring a comprehensive examination of the case. Following this, the court will issue a new ruling based on those proceedings. It’s important to remember that this case is not just about legal definitions but also about addressing the historical and emotional weight it carries for many Mexicans.
**Interviewer:** Thank you, Dr. García, for your insights on this complex issue. It will be interesting to see how this unfolds.
**Dr. García:** Thank you for having me. It’s a critical moment for the Mexican justice system, and I hope it leads to a fair outcome for all involved.
