The SCJN today should free the Atenco Prisoners

Jesus Aranda

La Jornada
Wednesday June 30, 2010, p. 3

The Supreme Court of Justice (SCJN) today should order the immediate release of 12 prisoners from Atenco, first class judicial sources confirmed.

The officials added that at least three of the five ministers who make up the first chamber of the Supreme Court (Arturo Zaldivar, Juan N. Silva Meza and Olga Sanchez Cordero) are in favor of granting protection “outright” to all defendants including the leaders of the Peoples’ Front in Defense of Earth (FPDT), Ignacio del Valle, Felipe Álvarez Medina, in which case they expect a favorable vote, but divided.

It was reported that Minister Jose de Jesus Gudino Pelayo vote in favor to free 10 detainees, but is against granting the protection to FPDT leaders imprisoned in the maximum security prison of the Altiplano.

The Minister Jose Ramon Cossio, transcended, will define his positions in the session on Wednesday, because until yesterday remained “some doubt” whether to grant protection to the 12 applicants.

Héctor Galindo, former legal adviser to the FPDT, who is also detained in maximum security prison would be released, although it is unknown whether the vote of the three ministers or also those of Gudino and Jose Ramon Cossio.

The rest, Oscar Hernández Pacheco, Rodolfo Cuellar Rivera, Julio César Espinoza Ramos, Juan Carlos Estrada Cruces, Edgar Eduardo Morales Reyes, Jorge Alberto and Roman Adam Romero Ordóñez, Narciso Arellano Hernandez and Alejandro Pilon Zacate will get it “outright” in unanimous decision, version confirmed by officials.

All detainees were accused of kidnapping, when they took part in the retention of Mexico state officials in February and / or April 2006.

Ignacio del Valle was sentenced to 112 years in prison for taking part in two events: the first sentence was 67 years in prison and the second of 45, Felipe Álvarez and Héctor Galindo Medina are serving sentences of 67 years in prison.

In turn, the nine who are in the prison of Molino de Flores, were sentenced to 31 years in prison.

According to information obtained in the SCJN, Zaldivar and Silva Meza, who are the ministers speakers in the cases of three detainees at the prison of the Altiplano, pose the immediate release of the accused. Although various legal approaches, the ministers agreed that Article 259 of the Penal Code of the State of Mexico, which refers to the crime of kidnapping does not apply in the case and so the accused can not be convicted of criminal conduct that is not defined legally.

In addition, both ministers retake the thesis of Acteal case, that in the first room freed those accused of the massacre in that community of Chiapas, with the argument that in criminal proceedings against the authority violated the right to a guarantee due process and presumption of innocence.

Sánchez Cordero learned that generally shares the view of the other ministers, although it is expected that the private meeting on Wednesday will comply projects Zaldivar and Silva to reconcile points of view and thus give strength to the opinion.

According to the “times of the court,” the final resolution of the protections of Atenco case will be done in record time. Just last December the state judiciary of Mexico confirmed the contested judgements, from there, the SCJN asked the court of the State of Mexico for the records of each of the detainees.

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