Justice failed in Marisela case: CNDH

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Miguel Vargas
The Juarez Journal

Sunday, October 18, 2020 | 09:01

Almost 10 years after the murder of Marisela Escobedo, the State Attorney General, César Augusto Peniche Espejel, reported that the investigation into this murder “has not had a formal closure.”

This, while the National Human Rights Commission (CNDH) maintains recommendation 44/2013 in this case in force, in which the failures of the judicial system in Chihuahua are evidenced, corrections and the investigation of intervening public servants are requested, in addition to a public apology from the state.

The CNDH condemns the actions of the State Attorney General’s Office (FGE) pointing out the re-victimization of Marisela and her family, which worsened on May 3, 2010 with the acquittal of the murderer of her daughter Rubí Marisol Frayre Escobedo, according to the document drawn up by the synthesis of the case.

Marisela Escobedo was murdered on December 16, 2010 in front of the Government Palace, after two years of demanding justice for the murder of her daughter.

Two of the judges who acquitted Sergio Rafael Barraza Bocanegra, the protagonist of the tragedy that afflicted an entire society, currently work in the public administration.

Rafael Baudib Jurado is currently the titular visitor of the State Commission for Human Rights (CEDH) in the city of Chihuahua, while Catalina Ochoa Contreras is the head of the Legal Department of the municipal Comptroller’s Office of Juárez, the agencies confirmed yesterday.

The third judge on the shortlist that released Barraza Bocanegra, Netzahualcóyotl Zúñiga Vázquez, died in 2018, according to newspaper files.

As it was known, Catalina Ochoa has held that position in the Municipality since August 2018, invited by the comptroller Gustavo Méndez Aguayo, who is also a lawyer.

Baudib Jurado has also been in office within the ECHR since July 2018, where its responsibility is to attend to victims of human rights violations in the Guidance and Complaints office.

Both had been out of the public stage since their resignation from the Judiciary in 2010, reported the State Court of Justice.

The withdrawal was due to the verdict issued in favor of the person accused of murdering Rubí Marisol, even though the defendant somehow acknowledged his involvement in the crime of whoever was his sentimental partner.

In a public interview, the judges on that list maintained that they had adhered to the laws of the New Criminal Justice System that was then opening in Chihuahua, where the confession was no longer valid as evidence in the crimes. They accused the Public Ministry of not having done a good investigation.

According to the prosecutor Peniche, the murder of Rubí Marisol, murdered by Barraza Bocanegra in 2008, already has a closed file, after the perpetrator was murdered in November 2012.

In this case, when the death of Barraza Bocanegra was known, the file was dismissed since he was the only one identified as responsible, said Peniche.

The arrest warrant against the murderer had been requested just a month before his death, on October 7, 2012, it is mentioned in the recommendation of the CNDH.

But in the case of Marisela Escobedo “there is still no formal closure in the investigation,” said the Chihuahua attorney general.

Yesterday an attempt was made to seek the opinion of the judges who intervened in the release of Barraza in April 2010, but neither of the two mentioned above had their cell phone activated.

The CNDH’s recommendation is based on the history of the case presented by the main victim, Marisela Escobedo, in her complaint to that body on November 16, 2010, a month before she was killed in front of the Government Palace in the capital of the state.

She had requested that the conduct of public servants of the Supreme Court of Justice and the then Attorney General of the State of Chihuahua be investigated.

Before that representation, the victim told of his activism in favor of justice, because the murderer of his daughter was not arrested, and he was released when the authorities had finally apprehended him.





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