in the judgment that 197 million pesos against brunette fine, was revoked in the case of the trust for others in favour of the victims of earthquakes, the Electoral Tribunal of the Judicial power of the F teachers (TEPJF) determined unanimously that INE and its technical supervision unit ran failures in their research, and therefore could not hold themselves.
in fact, the resolution includes expressions since the indictment against brunette, regarding an electoral benefit with the use of the trust, as dull and parallel funding mechanism, was based on “inferences devoid of” livelihood”, and that the Institute was”failure”to comply with the formalities of a procedure of this kind.
the Court concluded that INE “not investigated, and therefore did not demonstrate, that the application of the trust money has been applied to a political purpose or electoral for the benefit of the party or its candidates” in the elections of July 1.
according to the resolution, the Institute did not investigate enough to demonstrate that trust, as such, was created and operated by the political party brunette, and that particular was not a mechanism clearly as its members have advocated.
This point is important, because one of the charges against Morena is that he used the trust “as a mechanism for alternate financing to the rules concerning private law financing” as well as violating other provisions, as the override with its use of the limit on cash that political parties can receive.
read: illegal deposits and distribution of million in cash: thus violated the law the trust for victims of Morena
for the upper Chamber of the TEPJF magistrates, according to what the sentence was not an overwhelming proof of the fact that the INE identified that almost all of them included in the trust by others, as “sticky fidecomitentes”, and people who received checks to disperse the funds, were related to the political party, as candidates, legislators or officials of Brunette.
That fourteen people that they acquired the trustors adherent quality nor designated as an address that corresponds to the national headquarters of Morena, according to identified INE.
“there is the possibility, such as claims attributable political party, that trust has been integrated by members or supporters of the party in full exercise of their freedom of Association, in order to support from welfare without any political or electoral purpose”.
in their research, the National Institute and its control unit included internet links, screenshots and transcripts of speeches by Andrés Manuel López Obrador, then Chairman of the party, mentioning the creation of the trust and even giving the same account numbers, to prove that Morena was responsible for the creation, management, administration and implementation of the resources of the trust.
that the trust was “inseparable in their origin from the political party itself”.
However, according to the ruling of the TEPJF, INE did not include in your record essential documents, as the minutes of the sitting of the National Council of Morena, of September 23, 2017, where “had allegedly agreed by unanimida d allocate resources in order to help the victims of earthquakes”.
It showed a link between the heritage of the trust “for others” and financing and political or electoral purposes of MORENA? “Refer to the judgment in https://t.co/WtdtunddTK #JusticiaAbierta @TEPJF_informa pic.twitter.com/1BdurwsPTC – Reyes Rodríguez (@ReyesRdzM) September 2, 2018 in this regard, the document of the resolution of the INE on the meeting of September 23, only cites” a publication on the internet”, on the official website of Morena Quintana Roo, and not the minutes of session, as noted by the Court.
The judgment of the Court, pointed out that in the record by the INE “not we investigated comprehensively” neither the origin nor the application of the resources of the trust by others, or required information to the members of the Technical Committee of the same.
“was necessary to obtain information concerning the dynamics and dates of delivery of resources, for the purpose of determining elements suitable in your case, if you credited or twisted BRUNETTE had been involved or had benefited from” with the execution of these acts,”reads the statement.
“He had the information which would allow to obtain the reasons for which the Technical Committee had approved the delivery mechanism of resources, the list of beneficiaries of the cashier’s checks go, as well as confirm that the money had as destination final subjects of causation of the implementation of resources with the party and support”.
On the record, he insisted, essential information requirements, were not included as beneficiaries of the trust, and therefore found that there was some form of coercion to the electorate.
Other designated point is that it was violated the right to a defence of the members of the trust, since was not notified them in timely manner, about the allegations about irregular acts, to give evidence on their behalf.
“It was up to the issuance of the contested decision (the sanction of the INE by 197 million pesos) that patients knew the elements known and valued by the responsible authority”, is said in the document.
“The organ instructor was failure to comply with the essential procedural formality, because punitive activity that was responsible for, affected the area of the trust, issuing a decision that impacts and that restricts a financial activity illicitness not was accredited”.
INE, added the Court, should use their powers, in collaboration with banking authorities and Treasury, to identify and obtain the Declaration of persons who made deposits into the trust (by 44 million pesos).
In conclusion, the ruling established that “it was improper fincar responsibility and impose a sanction from mere lacking inferences of sustenance on the political affiliation of several citizens who participated in the creation of a trust and in the attainment of its purposes”.
Once the TEPJF revoke fine 197 million pesos, Lopez Obrador, elected President, called on militants and sympathizers of Morena, to continue to provide resources to the trust, in order to help the victims.
