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Sabino Pérez García Chief of the Third Unitary Court in Reynosa, Tamaulipas, reported an incident with which the Attorney General's Office (PGR) alleged "a real, material and legal impossibility" to establish the Commission of the truth of the case Iguala.
With this, the Federal Magistrate has validated that it is legally impossible to create the Truth Commission whose objective is to conduct a new investigation into the disappearance of 43 normalistas of Ayotzinapa ].
"It is stated that there is a legal impossibility to comply with the sentence of protection pronounced on May 31, 2018 in the briefs of the judgment of amparo in the revision 204/2017", announced Wednesday, Judge Pérez García.
He warned that the legal impossibility is not only for the creation of the Commission itself, but also to allow parents of normalistas to conduct the investigation, supported by the Commission national human rights and international organizations.
This decision could bring the case before the Supreme Court of Justice of the Nation who refused last week to lure the case and warned that this would happen until the incident of impossibility posed by the PGR.
The Supreme Court would rule whether the decision of Judge Pérez García was contested by one of the parties, as stated in Article 203 of the Amparo Law for which there is a delay of 15 days.
It should be recalled that the magistrates of the first collegial court of the nineteenth circuit, in Reynosa, Tamaulipas, ordered the creation of the Iguala Case Truth Commission.
The above in granting amparo to five members of Guerreros Unidos and the principals involved in the disappearance of the normalistas, on 26 and 27 September 2014 in Iguala, on the grounds that they were victims of torture .
The dissatisfaction of the PGR and other federal government agencies is that the PGR can not assign its investigative powers to individuals, let alone be subject to their decision in an investigation.
The parents of the 43, disappointed on the judgment of the court
The parents of the 43 teachers of Ayotzinapa who disappeared on September 26 and 27, 2014 have "deeply regretted" the decision of a federal court that declared the legal impossibility of creating such a commission.
In a statement issued by nongovernmental organizations that support them, the relatives of the disappeared felt that this decision "hurts the hope of obtaining justice and truth in the case" and "undermines truth and justice ".
They accused that the decision of Judge Sabino Perez García, head of the third unitary court in Reynosa, Tamaulipas, is the result of an unprecedented action of the government of Enrique Peña Nieto .
The relatives recall that the administration of Peña handed over all the strength of the state not in search of the missing but to the innovative conviction of the Court which ordered the creation of the Commission of the truth.
They point out that the federal government has filed more than 100 legal and written remedies across 10 dependencies of the federal administration and even of the Chamber of Deputies.
"Unfortunately, the Third Circuit Court of the Nineteenth Circuit succumbed to this unusual pressure from the Federal Government and although its resolution was not notified to the victims, its agreement indicates that it considered that respect for the decision of the First Tribunal Collegiate impossible, "they said.
Similarly, they emphasized that the decision of Judge Sabino Perez García is not the last word, since it will be up to the Supreme Court to pronounce definitively on the issue.
"The Supreme Court should have an unbiased approach to the case and it would be extremely worrying that it is aligning on the illegal behavior of the federal government in the Ayotzinapa case", said the parents through the organizations that support them.
They insisted that the agreement released Wednesday "shows that we still have a judiciary in Mexico where the sentences that really protect victims coexist with the decisions that protect those who hold power."
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