2
application of the law within the constitutional jurisdiction, namely, that investigative
procedures be undertaken without a definite juridical criteria derived from a factual
relation, such as when soldiers are criminally charged, then it becomes less coherent
when an investigations is then carried out in the common jurisdiction, leaving the victims
defenseless because of the lack of a legal remedies to strengthen their defense and to
guarantee access to justice for them.
6.
It must be noted, that however negligence and lack of results in procuring justice
from the Mexican Estate were duly proven within the different criminal constitutional
jurisdictions that were involved in the investigation of the facts, even with those acting
as assistant to the public prosecutor, it shall also be said, that this is not a systematic
violation used by the Mexican State as an instrument to intentionally frighten the
indigenous communities in the region, particularly in regards to women.
7.
The application, setting the litigious framework of the proceeding, does not
exclude the possibility of presenting supervening evidence before a judgment is
pronounced, those of which must be distinguished, in a timely matter, from the facts
that are not grounds of the litis, even if they are related to the case, therefore the
complaint, or the initial written document, sets the beginning of the litis.
8.
The attention given by the Mexican State to the Judgment, shall not only
emphasize the State’s obligation to provide first level psychological care to the victim,
namely, care given by experts on the field to all direct and indirect victims, but it also
shall supervise that such treatments are indeed carried out until the victims are
medically discharged.
9.
Resulting from retrospective and prospective studies, the Mexican State must
redesign and strengthen public policies that involve its Armed Forces in order to
minimize interaction between military soldiers and the civil population, thereby ensuring
not only a decrease in inconveniences caused, but also a decrease in violations to
fundamental rights for greater offenses to the civil population, while disciplinary forces
carry out their tasks and that have been emphasized due to public safety issues in
Mexico; consequently, indoctrination should be given to military soldiers who
provisionally carry out tasks of public safety or tasks which are linked to it or to the
investigation and persecution of the crimes in which they participate.
10.
With the current paradigmatic case, the Mexican State should seize the
opportunity, not only to restore its commitment to civil society, but also to
simultaneously, execute proper compliance to the Judgment handed down in this case,
as well as in the case of Fernández Ortega et. al; it is now time to start a review and
transformation of a lagging military model of justice, not only pertaining to the
legislative methodology, but also to the distribution of its courts and tribunals and
substantive and procedural rules, thus considering adopting a new model which will not
play down the importance of service, obedience, and discipline, but yet will allow for the
transformation of the Mexican military judicial system.
11.
With ad cautelam, the importance and significance for the State of Mexico of, in a
preventive sense, taking its military tribunals to the Judicial branch of the Federation,
should be considered because if it is true that irregularities were involved in the criminal
proceedings of the preliminary investigation of this case, it is likely that subsequent
cases face, in addition, the burden of yet another element that conflicts with
international standards, which under said fact would be the concurrence of two powers
of the State in one and the rupture of the unity of the trial process.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos