Fisel does not prevent the work of the INE: Ortiz Pinchetti

Jessica Xanthomilla

Newspaper La Jornada
Sunday, February 27, 2022, p. eleven

The Special Prosecutor for Electoral Crimes (Fisel) does not hinder the work of the National Electoral Institute (INE) to investigate complaints related to the Odebrecht cases and their possible link to the financing of Enrique Peña Nieto’s electoral campaign. Neither does it with the alleged irregular delivery of money to Pío López Obrador, brother of the President, by not delivering a copy of the files that have been requested, said the head of the agency, José Agustín Ortiz Pinchetti.

In interview with the daythe official called to stop The attacks against the prosecution and wait for the Supreme Court of Justice of the Nation (SCJN) to rule on the matter. In addition, he considered that this matter is being politicized; is an attack (as part) of those who have been wielding against the government to prevent electoral reformhe asserted when referring to the accusations of the counselor Carla Humphrey.

Last Friday, in a session of the General Council of the INE, Humphrey pointed out that, despite the fact that the institute promoted an appeal before the Electoral Court of the Judicial Power of the Federation (TEPJF) so that the corresponding information would be delivered and the Chamber Superior endorsed the request, there has been reluctance from Fisel to abide by the sentence.

In this regard, Ortiz Pinchetti explained that the prosecution cannot deliver the files related to the cited cases to the INE because the law prohibits it. It’s a crime open the reserve in which these documents should be. It is in defense of both the fundamental rights of the accused and the need to maintain secrecy while the procedure lasts.Held.

He pointed out that in article 225 of the Federal Penal Code It is established as a crime that this disclosure is made, that it breaks with the principle of secrecy because it is contrary to the interest of the accused and the principle of presumption of innocence. In addition, it hinders the investigative function of the electoral prosecutor’s office.

He also recalled that due to this situation they have already presented constitutional controversies before the SCJN to challenge the TEPJF resolution and reiterated his concern that the INE, Instead of doing research, pretend to have access to materials that are protected by law.

For this reason, he insisted, “we are opposing the delivery of these because the INE could only require another type of authority – the trustees, the banks – to provide these data, not the Attorney General’s Office, whose processes are totally reserved or are part of a secret that cannot be shared with anyone, neither with the INE nor with any other”.

Likewise, he warned that complying with a sentence of this type from the TEPJF could give rise to open all the folders, not just the electoral ones.

Ortiz Pinchetti stressed that the institute has multiple instruments to carry out an in-depth investigation into the alleged irregular use of resources, no need to break the secretAmong them, he said, go to the banking and treasury authorities.

On the other hand, he stressed that there is certainty that the cases of Odebrecht and Pío López Obrador are being investigated by the prosecution. Regarding the latter, he said that it’s a frivolous accusation As far as they have been able to observe, tends rather to discredit the President.