A year after Mexico City prosecutor Ernestina Godoy Ramos learned of internal irregularities by personnel under her command, there have still been no consequences against those who pressured against former magistrate Manuel Horacio Cavazos López, accused of sexual abuse against their two minor daughters.
To date, there are still no answers to the process, despite the recognition and revelations of the Public Prosecutor's Office, which decided to object to the non-exercise of criminal proceedings, as well as the approach in a direct meeting with the prosecutor and Laura Borbolla Moreno, general coordinator of the Investigation of Gender Crimes and Care a Victims.
In a call to which Infobae Mexico had access and the document prepared on the disagreement, ministerial agent Carolina Espinoza Espinoza said she had opposed the decision not to initiate the process to determine the responsibilities of the former official of the Superior Court of Justice of Mexico City (TSJCDMX).
But the Attorney General's Office of Mexico City (FGJCDMX) ignored the analysis of the official in charge of the matter and changed the resolutions. In March of last year, they indicated their dismissal, because there was a lack of elements to support charges before a judge. They argued that they had exhausted all remedies at their disposal.
Mariel Albarrán, who has sought justice for her two little girls since the end of 2019, said in an interview that Carolina Espinoza sought her to let her know about the pressures suffered by Daniel Osorio Roque, head of the Coordination of Public Prosecutors Assistants to the Public Prosecutor's Office, who dismissed irregularities in the case.
In addition to the duties of Eduardo Emilio Centeno Domínguez, who led the so-called “A” Prosecutor's Office. The mother of the girls asked the official to denounce the coercions of her superiors, to come out with her forehead held high by pointing out the injustice from the very instances that must seek it. But the Public Prosecutor's Office said it would think about it, because he could be in trouble and work spaces would be closed to him when facing the institution.
In March of last year, when the capital's prosecutor learned about the anomalies inside the unit in her charge, she said she felt deceived by juniors and surprised, because she was unaware of the issue, as told this media outlet by the mother of the girls, who raised it directly and with formal complaints.
FGJCDMX authorities asked Mariel Albarrán not to echo much in the press of the sum of ministerial alterations she identified in favor of Cavazos López. But he expressed the procedural disorder in a hearing and faces up to two complaints out of four filed in the capital's office, plus another one that escalated to the Attorney General's Office.
Everything, in order to exhaust it and let it desist, because it has fought with amparos and more alterations have been established on the same defence resources. For example, try to use the testimony of the pediatrician and the clinical record of the girls that the specialist had provided.
When the doctor appeared after months, he decided to reserve to testify and the lawyers and the FGJCDMX closed the research folder that was previously lost. In the absence of criminal action, there will be a challenge for this case involved.
In addition, in March 2021, false officers of the Investigative Police came forward to request specific information about the people who lived in Mariel Albarrán's home. The alleged officers told the surveillance officer that they would comply with an arrest warrant for Oscar Manuel.
When sending details of the plaque, economic number and more details of the event, the Commission on Human Rights asked the FGJCDMX to report the reasons, but everything points to the fact that the men were not ministerial officers. For this reason, the mother of the minors held the former magistrate and his lawyers responsible.
Mariel Albarrán obtained an amparo last October to reopen the trial against the former magistrate, however, she filed an appeal that would allow the analysis of bottom of the case. The latter could be resolved later this month, so that there is no room for local resolution and the initiation of criminal proceedings against Manuel Horacio Cavazos López is ruled out.
Meanwhile, investigations against José Manuel Fuentes Cruz, who opened the Research Folder on September 23, 2019 as he was responsible for the shift, are also pending. This subject changed his secondment twice to be in three positions close to the case, in which he wants to continue to have influence.
Previously, it took three months to send the Folder to the processing table after the written interview of Cavazos López arrived and without even having analyzed the audios where the minors narrate that they were victims of sexual crimes. That waiting time would have been for the former magistrate to prepare his defense, since he had access to the audios, according to Mariel Albarrán, provided by Fuentes Cruz.
Documents consulted by Infobae Mexico indicate that this official has a record of actions for which he was even sanctioned for the loss of investigation kits that prevented the prosecution of justice in a case that occurred in 2011. He was only punished with a five-day suspension until 2016.
In addition to this, he already had a record of disciplinary administrative failure in the Internal Control Body, consisting of a public reprimand in file CI/PGJ/D/0817/2007. Hence, José Manuel Fuentes Cruz persisted in engaging in conduct that would cause deficiencies in the proper administration of justice.
The case remains unresolved, despite the sum of internal irregularities, as well as three recordings that even hear the voice of the former magistrate, the medical report, FGJCDMX rulings, reports of the victims' symptoms, independent reports and, most importantly, the testimony of the girls.
“There are some audios where my daughters in a living voice narrate the introduction of fingers and aggressions. Audios in which my daughters, the first one of them cries asking me to go for her to the place where she was, with her attacker, with her father. Today I know she was crying because he assaulted her in a public bathroom,” Albarrán said in March 2021.
The crimes were committed several times: at the girls' house, in a park, in the department of Cavazos López and in his van, when he left them at school; as recorded in the investigations that were referred by the mother of the minors to this medium.
Manuel Horacio Cavazos López seeks to return to office despite accusations to which he was subjected to and has used counterclaims and intimidation against his ex-wife. He even wanted to support his defense by arguing that the minors were trained in what they told about rape.
Since he was dismissed in February 2020, he has been protected to be ratified in his position, this time, for life. He was denied tacit ratification, but he was granted that the capital's Congress substantiated not keeping him in office, something that was challenged and is pending.
With all this, Mariel Albarrán points out extensions to access to justice in a collusion of authorities seeking to protect each other. Meanwhile, the capital's prosecutor's office did not provide a timely response when it was consulted on the internal proceedings against the public servants referred to in this case.
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