Without competition, on appeal against the Truth Commission



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The Supreme Court of Justice of the Nation (SCJN) declared itself incompetent to hear the complaints lodged by the Office of the Attorney General (PGR) and the Presidency of the Republic, concerning the creation of the Commission of 39 Investigation for Truth and Justice, on the case of the disappearance of the 43 students of the Rural Normal of Ayotzinapa

By four agreements, the President of the Government, Luis María Aguilar Morales, demanded that the two instances appear within a period of three days at the Circuit Court of the Nineteenth Circuit, if they consider the existence of the legal impossibility to comply with the decision.

"This High Court does not have jurisdiction to hear this challenge," the minister said in the agreement. 19659002] On June 4, the Tamaulipas Collegiate Court unanimously decided to reinstate the Ayotzinapa procedure and create the Investigations of Truth and Justice

In his ruling, he provided sufficient evidence to presume that the confessions and accusations against the accused had been obtained through torture, besides the fact that the investigation was not fast, effective and independent. impartial from the PGR.

The Court noted that in the face of human rights violations and not having an independent prosecutor, determined to create the Commission of Investigation for Truth and Justice , which will be integrated with the representatives of the victims, the CNDH, the public prosecutor and, as the case may be, the national and international organizations in the field of human rights.

In its complaint, the PGR pointed out that "there is a real material and legal impossibility to respect the disputed agreement. , because this corresponds to the Federal Public Prosecutor's Office exclusively to the acquisition of justice through investigation and prosecution of conduct and antisocial acts through the exercise of an action criminal to avoid impunity and not the Commission of Investigation for Truth and Justice (which seeks to integrate). "

While the Presidency of the Republic emphasized that it is" unlawful "that the request of the Unitary Court to request compliance with the terms of the decision, because it considered that to take" attributions that do not concern ", besides the requested effects "are contrary to various constitutional and legal articles not to be"

In this regard, the Court asked both the PGR and the presidency to lay before the court located in Tamaulipas the arguments that they consider regarding the legal impossibility to comply with the decision.

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