The Minister President, Arturo Zaldivar, reported that the attraction of the case of the Tabascans whose story was told in the docuseries “Reasonable doubt”, can generate important criteria in matters of amparo, due defense, among others.
“Whether or not we should make an exception to the principle of finality in the amparo trial (…) how far can the notion of an adequate defense go, when a lawyer establishes as a strategy not to appeal or misses the term to appeal, that defense adequate is justiciable, we must review it or we cannot go to that aspect, ”he explained.
“Also whether or not the stages of the oral trial can be reviewed, to what extent yes and to what extent not.”
At a press conference, the minister pointed out that in addition to the relevant criteria that may arise from the analysis of the case of the four men sentenced for kidnappingthe possibility of injustice being committed once morest them was also considered.
Read also: Court attracts case of “Reasonable Doubt”, Netflix miniseries
“If a constitutional court is not there to defend the human rights of the people, of the most unprotected people when they are tortured, when they fabricate crimes, when they are sentenced to 50 years in prison, then I don’t know why we are here. I believe that our main function has to be to defend the human rights of people, and of course, there are thousands of cases that are like this, because it is important that we bring this case, because through this case we can set precedents that can be applied to the thousands of cases that may no longer need to reach the Court derived, precisely, from what we did in this case”, he affirmed.
“If we don’t solve the issues that really harm people and hurt them, if we don’t make an effort to try to reverse an unfair criminal justice system, where above all the people who have the least are punished.”
Yesterday in private session the Plenary of the Court agreed to attract the case. Against the proposal to exercise the power of attraction there were four votes from the ministers Norma Piña, Alberto Pérez, Jorge Pardo and Luis María Aguilar.
The ministers who voted once morest indicated that the case can be resolved on appeal for review by a Collegiate Court that applies all the criteria in terms of Criminal Law, Criminal Procedure and Human Rights issued by the Court.
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