translated from Spanish: Justice Commission does not ratify Cavazos as magistrate

As of this Friday, Manuel Horacio Cavazos López, denounced for alleged sexual assaults on his daughters of then 5 and 6 years, will cease to be a magistrate of the Superior Court of Justice of Mexico City (TSJ CDMX).
It was unanimously a member of 15 members of the Committee on The Administration and The Pursuit of Justice of the local Congress, which is responsible for analysing its ratification in office for life, after its first six years in office, was voted in the negative.
The decision of the Committee of Justice has yet to be fully adopted by the entire Chamber of Deputies, which is expected to take place tomorrow, a session day.
The 50-page opinion states that Cavazos does comply with the constitutional and legal requirements required to be a magistrate, but “is not suitable for the performance of the office”.
Lee: Magistrate denounced for raping his daughters had special hearing, activist condemnation
The commission reports that it received a total of 181 opinions about Cavazos both in physical form in its offices and by email, of which 157 were in favor and only 24 against.
This is despite the accounts for two letters written by social organizations that collected more than 600 signatures against it. They were answered by mail, The President of the commission, Eduardo Santillán, had ordered not to receive them because only the names and institution of the people came, without his autograph signature.
Although the opinion itself refers that of the positions in favour, at least 35 were unsigned or contact details.
What does take into account are the opinions of the director of the Association for the Integral Development of Raped Persons (Adivac), Laura Martínez, and the academic of the National Institute of Criminal Sciences (Inacipe) and excounselof the CNDH Olga Noriega, who presented themselves at the second hearing of the magistrate, on February 10, to present the evidence that is against her in the research folder of the case.
The document is clear that neither the Justice Commission nor Congress itself rules on the investigation against Cavazos, respecting the presumption of innocence, but that in the face of that legal situation it cannot serve as a magistrate.
Find out: Magistrate denies being responsible for sexual assault: ‘They try to tarnish my career’, he says
“It’s not enough not to have criminal responsibility, but to have unquestionable honorability and good public fame,” he says. “While it is true that no ruling on the criminal responsibility of the magistrate can be issued, it is also true that considering the views that were received and the type of questions that have been generated, it is concluded that their good fame and honorability are affected.”
The magistrate has been reported since September 23s for sexual assaults on his daughters of the time 5 and 6 years of age, but in the five months that have passed, the Public Prosecutor’s Office has not judicialized the case, that is, it has not passed before a judge who decides whether to link it to the process, even though the girls have testified before authorities, experts in psychology and other therapists who are treating them, both public and private, who allegedly suffered touching by their father.
Cavazos and his lawyer, Gabriel Regino, have argued that this is a false accusation by the girls, manipulated by their mother, from whom they divorced less than a year ago and that they want to harm him as a result.
But activists and even federal mPs who know the girls’ mother or have had access to data from the research folder have pointed out that there seems to be a conflict of interest, stemming from the position held until this week by the magistrate, and that the process has been extended and no action has been taken against it.
Read: Federal mPs question possible conflict of interest in rape magistrate case
In the local Congress, the decision of non-ratification was taken until the last moment, amid this controversy over the denunciation and attempts by the magistrate to defend himself, even asking for a second hearing before the Deputies, in addition to the one that marks the ratification process.
Although the opinion-receiving process had been drawn up on 5 February and the review process was closed on 13 February, after which the opinion was to be drawn up, the chairman of the committee allowed two weeks to call his colleagues to present the opinion and discuss it on Wednesday 26.
In addition, MePut Leticia Estrada complained that the opinion was sent to them until This Wednesday at 5 am. The decision has little time to move to the plenary on Thursday 27, as the six-year deadline for the appointment of the judges on 28 February 2014 was met on Friday and they would no longer be able to exercise if their ratification was not approved.
In addition to Cavazos, six other magistrates were in the process of ratification. Among them, Patricia Gudiño, who in her essay before Congress proposed that a figure called “parental alienation” be reinstated, which has been globally questioned and in Mexico City was repealed as a cause to take away the parental authority of one parent in 2017, but she proposed that it be reinstated and a prison reason if a mother or father is accused of tampering with his children against the other.
Magistrate Héctor Jiménez was discarded from the start of this process, following his action in the case of Abril Pérez Sagón, as he guaranteed that the precautionary measures that his ex-husband Juan Carlos N had to be changed to beating her with a bat while she slept and released, and weeks later April was murdered. This session was also voted unanimously to confirm its non-ratification.
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Original source in Spanish