the National Commission of human rights (CNDH) accused the head of the Secretariat of communications and transport (SCT), Gerardo Ruiz Esparza, from making statements «lack of truth» before the Senate of the Republic, in August last year when he explained the causes that originated a tunnel in the express pass of Cuernavaca, to just five months opened with an investment of over 2 billion pesos.
In his appearance before the senators, Ruiz Esparza determine responsibilities by the tunnel where two people died from dropping your vehicle, and said that it would investigate the construction firms as possible responsible for negligence in work.
However, in recommendation 34/2018, presented yesterday Wednesday, the CNDH directly blamed the SCT to all the possible deficiencies that caused the tunnel, and also reported a «possible corruption scheme» between the own SCT and Banobras, which resulted in millionaires cost overruns for the expense and delays of seven months in the execution of the work.
«The tunnel is not a mere accident, but the result of a public works very poorly designed, built, coordinated and supervised by the SCT, Banobras, and the four companies involved,» said Enrique Guadarrama, second visitor of the CNDH, who also He recalled that, more than one year, the case continues in impunity since there were responsible for criminal proceedings.
The CNDH recommendation is directed federal dependency, as well as Banobras, Conagua, the Government of Morelos and the city of Cuernavaca. In addition, it provides provide all found evidence of «negligence and possible corruption» to the Attorney General of the Republic (PGR), include them in the investigation of the case folder and thus establish possible criminal responsibilities between the parties involved, Apart from administrative penalties that the public service already imposed 9 officials.
In total, the recommendation by the autonomous body of human rights includes 15 evidence «that reveal serious deficiencies in planning and construction» the express pass, from surveys of the school of engineers of Morelos, the UNAM Engineering Institute, and the scientific division of the Federal Police.
What happened in the tunnel of the express step shows how lack of project planning and the choice of contractors offering the lowest price, United, are very expensive.
This is one of the three projects that we analyze in #OjosaLaObra https://t.co/nGlyYi6HAC pic.twitter.com/KkcPVIoecQ – Mexico evaluates (@mexevalua) 10 October 2018 did the tunnel what cause?
The first evidence is that the SCT knew that a tube crossing the work below ground had «severe undermining» problems, and problems of «overflow» of water, at kilometer where the tunnel where it landed the vehicle of two persons was formed that they died.
However, dependence did not do enough to mitigate the risk involving a flooded water pipe under the building that literally collapsed and sank by the accumulation of water in the area.
According to documented the NHRC, the SCT had no information about possible streams that crossed the path of the express pass, or transacted all necessary permissions in terms of national waters with Conagua until they began work.
In addition, unit took a month once the construction start to ask the system of drinking water in Cuernavaca reports about the possible existence of lines of water and drainage which would interfere with the works of the express pass.
Another cause of the tunnel that the NHRC accuses the SCT is not verified the condition of drainage culvert, or made «metal casing» inside the tube that eventually flooded water, «even though it is recommended you do so».
The city of Cuernavaca charged you culvert is blocked «by accumulation of garbage», which could deteriorate the tube which ended up collapsing and generating the tunnel.
Banobras and Conagua, the CNDH charged the «lack of foresight and planning in the hydraulic field of work» and that they had no account conditions of antiquity, nor weakness of drain pipe passing underneath the building (key in the emergence of the soca Jesus promised to be «long term»).
While the CONAGUA said you not to inform the SCT to all points of hydraulic involvement in the work of the express pass, «in particular where the tunnel was opened,» and to not perform verification visits and apply sanctions to those responsible for the execution of the o Bra without the necessary permits.
About these possible causes, the CNDH said that the SCT had the opportunity of explaining «enough» the origins of the faults and who were directly responsible. «But did not do so,» criticized the Guadarrama visitor. «On the contrary, its holder (Gerardo Ruiz Esparza) made statements lacking in truth before the Senate of the Republic and demarcation of responsibility in media.»
#EnVivo presentation #RecomendaciónCNDH 34/2018, scour in the Mexico-Cuernavaca highway. https://t.co/bRmdp9pk0b – CNDH in Mexico (@CNDH) October 10, 2018 the second visitor of the Commission added that public servants of the SCT provided to the NHRC information that asked, «to the extent of sending information confusing and messy contained in boxes», which hampered and delayed the investigation.
The NHRC also pointed out that other negligence and irregularities in the work of the express way originated the death of two others, in addition to the two killed in the pit.
A third victim died before that occur in the tunnel. The person circulating in motorcycle when, due to «lack of diligence and risk mitigation was done where the construction express», was hit by a loose high-voltage light cable, and died.
And the fourth victim died after the tunnel, after falling from a crosswalk that had no rail or any signs of danger on the side of the express pass.
But for Juan Mena Lopez and Juan Mena Romero, the two people who died in the tunnel, their families agreed compensatory with the SCT and the construction companies, whose compensation payment is not known, in these other two cases still «not have obtained proper r «eparacion, nor is responsible», said Laura Treviño, also member of the NHRC.
A possible «corruption scheme» Apart from the technical deficiencies of the work, the CNDH revealed in its report the existence of a possible «corruption scheme» in the SCT and Banobras, from «manipulation» and «fragmentation» of work contracts.
The Commission found that all the contracts were modified at least on one occasion, and in one case up to four times, using nine or amended agreements. This meant delay in execution dates and an overrun of 67% – thousand 134 million provided a thousand 669 million pesos.
On this point, the CNDH said that the increase between the initial amounts and finally paid to three of the four companies that participated in the work exceeded 25%, so should have requested authorization to the Ministry of public function , and did not do so.
In addition, came the expansion of the road eight to 10 lanes project without had an Executive project justifying it, which meant increases in price and delivery time.
«The SCT did not justify with documents, nor reported by what was better or more viable economic, financial, technical and social, make an extension of lanes,» said second Inspector of CNDH, Enrique Guadarrama.
Political animal sought out the SCT for its position on the recommendation of the NHRC. But through its Department of social communication, the unit said, for now, has no planned issue any stance.
Express pass, closed case: civil service who Yes gave his position on the case was Arely Gómez, head of the Secretariat of the public function, unit which is responsible for monitoring the correct performance of the officials.
Interviewed in the Senate, Gomez said that the case of the tunnel of the express pass is already «closed», since the unit in charge already administratively sanctioned eight officers of the SCT and to another of the Conagua, of irregularities in the work.
Arely Gómez highlighted that they have implemented debarment officials for 10 years and is the director of the Centre SCT in Morelos, «that is a very high level» between the sanctioned.
Here you can read or download the complete recommendation of the NHRC.