Edward Murillo
Newspaper La Jornada
Tuesday, September 27, 2022, p. 8
The Supreme Court of Justice of the Nation (SCJN) rejected the request to review the 45-year prison sentence handed down against Mario Aburto Martínez for the murder of Luis Donaldo Colosio. His defense attorneys allege that he was tortured to plead guilty.
The request to exercise the power of attraction rejected is 488/2022 and was promoted by Rafael Robles Roa, head of Strategic Litigation in Human Rights of the Federal Institute of Public Defender.
Since none of the ministers and none of the ministers decided to endorse ex officio the request to exercise the power of attraction of reference, it must be rejected due to the lack of legitimacy of the applicant
indicates the agreement published by the first chamber of the highest court.
The document explains that the decision was made in a private session on August 31, based on article 107 of the Constitution, which states that only collegiate courts, the Attorney General’s Office or the Federal Executive can request to the SCJN that attracts a case that has not yet exhausted all its procedural instances, as is the case in this matter.
It is specifically about direct amparo 104/2021, which in this way will return to the jurisdiction of the first collegiate court in criminal matters, based in Toluca, state of Mexico, where it must be resolved.
Aburto’s defense supported his request in recommendation 48VG/2021 of the National Human Rights Commission, which includes an opinion prepared in accordance with the Istanbul Protocol, which is the internationally recognized instrument to test and detect victims of torture or other treatment cruel.
This recommendation was addressed to the FGR and the Decentralized Administrative Body for Prevention and Social Rehabilitation, confirming that Aburto was subjected to serious violations of human rights, personal integrity and dignified treatment due to acts of torture and incommunicado detention, as well as to due process.
