the Supreme Court of Justice of the nation (SCJN) decided to co-opt two legal motions to review judgments against 19 defendants in the case of the fire of the ABC daycare in Hermosillo, Sonora, in June 200 9, which resulted in the death of 49 children and left 43 injured.
The plenary of the first room attracted the protections 2018/222 and 223/2018, on the proposal of the Minister Jorge Mario Rebolledo. One of them was filed by defendants, while the other was driven by parents of the victims calling for higher penalties against those responsible.
The 19 sentenced have been punished for offences such as manslaughter and negligent injury. However, the Supreme Court, said «before the number of taxable persons, managers were sanctioned in accordance with the ideal of crime competition rules because, with a single behavior, each defendant committed several unlawful acts».
A collegiate court in criminal and administrative matters was who requested the intevención of the Court, because it was considered that it would set guidelines to follow regarding the criminal liability for makers of security measures in Mediterrenean nurseries of the Mexican Institute of Social Security (IMSS).
He also explained that the delay of more than eight years in the case has failed to resolve «with the character of res judicata» the responsibility of the sentenced.
The Court said it will analyze the protection promoted by the defendant, because the mechanism by which is imposed the sentence resulted in penalties which rose considerably.
First room attracts protections on nursery ABC: https://t.co/S9KZ8d6TiU – Supreme Court (@SCJN) October 3, 2018 however, also considered of great «importance and significance», the appeal lodged by the parents of children, because it was considered to be due «whether you sentence the sentenced complies with standards concerning the reparation of the damage caused to the victims and offended».
The first time that the Court analyzed the case, determined that serious violations occurred to human rights. But ruled out as responsible for two former directors of the Instituto Mexicano del Seguro Social (IMSS), as well as the former Governor of Sonora, Eduardo Bours., according to a report of the journal reform.
The sentenced who promoted the protections include Sandra Lucía Téllez Nieves, representative of the ABC day care; and Antonio left Suarez, Secretary of the Board of Directors of the ABC day care, Civil society; Noemí Sánchez López, former Department of nursery of the Instituto Mexicano de Seguro Social (IMSS), and Arturo César Leyva Lizarraga, exdelegado of the IMSS in Sonora.
with information from Notimex