The former coordinators of the Scientific and Technological Consultative Forum (FCCyT) defended themselves against the accusations of the National Council of Science and Technology (Conacyt) before the Attorney General’s Office (FGR) and assured that they are “surprising and unfounded”.
They affirmed that the FCCyT is not a private company as pointed out by the FGR, that all its accounts have been presented to Conacyt “in a timely manner” and that the results of its programs have positive evaluations.
The Attorney General’s Office has twice requested the apprehension of 31 academics, accused by the current leadership of Conacyt of three crimes: operations with resources of illicit origin, organized crime and embezzlement.
Through a letter addressed to the opinion in general, affirmed by José Antonio de la Peña Mena, José Luis Fernández Zayas, Juan Pedro Laclette San Román, Gabriela Dutrenit Bielous, José Franco and Julia Tagüeña, they made a report of the facts.
The researchers clarify that the Consultative Forum is not a private company but was created by law in 2002, with the aim of having a space that would house the opinions of the scientific, academic, technological community and the productive sector and that will participate in the representative bodies of the system as an autonomous entity.
Read: Scientists vs Conacyt: these are their complaints
He explained that according to article 38 of the Law on Science and Technology, it is established that Conacyt will grant the necessary support to guarantee the proper functioning of the FCCyT.
While article 22 of the Organic Statute of the Council established that the Forum would be constituted in a civil association and that it was until December 11, 2019, when the status was modified when it was published in the Official Gazettes of the Federation.
They stressed that, for more than 18 years, the Consultative Forum functioned as an autonomous civil association with funding from Conacyt and that the products generated during its existence can be consulted on the page: https://foroconsultivo.org.mx
The researchers say that the current administration of Conacyt, in charge of María Elena Álvarez Buylla, sought to ignore the legal autonomy of this legal entity despite the clarity granted to it in the Law of Science and Technology.
In addition, as of June 2019, Conacyt failed to comply with the obligation established in article 38 of said Law and refused to grant the financing required for its operation.
Therefore, they said, the Board of Directors of the FCCyT decided to promote an amparo and a District Judge in administrative matters issued a final judgment of the amparo trial 1440/2019, “finding the current director of Conacyt in violation and non-compliance with the judicial order granted in the suspension resulting from said trial.”
“This ruling was appealed by the Conacyt authorities and the matter was attracted by the Supreme Court for its importance and transcendence,” they said.
However, during the litigation established by the Fund, the National Council modified the legal situation of the FCCyT through various reforms to the statute specifically that of December 11, 2019, so that “from that moment the Forum would be an internal body of consultation of Conacyt, without legal personality or its own assets; they initiated a new Technical Secretary and began an operation of the Board of Directors within Conacyt.”
They indicated that, consequently, the SCJN considered in the judgment issued under file number 76/2021 on August 24 of this year, to dismiss the amparo trial promoted by the FCCyT A.C.
“In the judgment it is relevant what was held by the highest court in the country regarding the legality of the operation of the FCCyT, A.C. … in which it was pointed out that there was a collaborative relationship between Conacyt and the FCCyT, A.C. until the modification of the statute of Conacyt in 2019, so the action of the coordinators, technical secretaries and staff of the FCCyT, A.C. was legal and in accordance with the provisions in force at the time, “they said.
Read: Conacyt denies persecuting scientists, but confirms complaint against them
The researchers pointed out that the Consultative Fund ceased to have any relationship with Conacyt when that institution changed its Organic Statute at the end of 2019.
“Each year conaCyT issued a Certificate of favorable technical and financial conclusion of the use of the resources granted to the FCCyT. Even the current administration, through the deputy director of scientific development, issued a favorable record of the use by the civil association of the last resources granted for 2018 and the first half of 2019, “they said.
The Attorney General’s Office requested, for the second time, the apprehension of 31 scientists and researchers, accused by the current management of Conacyt.
But a federal judge rejected these two requests of FGR on the grounds that the accusation presented lacked, from the beginning, evidence and arguments that coherently proved the existence of an alleged criminal network, nor that justified the need to imprison them in a maximum security prison.
While this Thursday, upon her arrival at an event of the government of Mexico City, the head of Conacyt, María Elena Álvarez Buylla, responded: “I do not know what you are talking about” to the questions of reporters about the complaints filed against 31 scientists and academics.
Today President Andrés Manuel López Obrador said that the scientists and researchers denounced by Conacyt “feel persecuted” because they can no longer maintain the “privileges” they had in the previous regime.
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