A federal court granted a protection to General Rafael Hernández Nietoidentified for his alleged responsibility in the disappearance of the 43 normalistas from Ayotzinapa, to continue his process in freedom.
By majority vote, the First Collegiate Court in Criminal Matters of the First Circuit confirmed the resolution that had already been granted in the first instance by the Fourth District Court of Amparo in Criminal Matters in Mexico City.
In this way, the retired general will continue to face his process in freedomin which the Attorney General’s Office (FGR) points him out for meeting with members of the Guerrero Unidos criminal group, according to various chats that the Drug Control Administration (DEA) intervened.
From August 2023a federal judge decided to let him out of prison and grant him house arrest after considering that there was no risk of escape, allowing him to be released, after he was granted an amparo to change the precautionary measure.
Therefore, the judge ordered him hand over your passport and show up every 15 days before the authorities to sign the book of defendants. In addition, he was prohibited from approaching the families or witnesses of the Ayotzinapa case to preserve his safety and the criminal proceedings he faces.
The FGR challenged the resolution after considering that the general’s presence in the process was not guaranteed and that there was even evidence to justify the imposition of preventive detention against him, since his domiciliary roots or family seat were not proven, which constituted a high risk of escape and remaining hidden from being let out.
However, the Court described the FGR’s arguments as “unattainable” and ordered that the resolution issued at a hearing on July 8, 2023, regarding the imposition of the preventive detention measure against him, be annulled, and that it be carried out another hearing in which the hearing in which house arrest was ordered in his favor is granted definitive status, held on August 20, 2023.
It should be remembered that Hernández Nieto was commander of the 41st Infantry Battalion, based in Iguala, at the time of the attack against the Ayotzinapa students, on the night of September 26 and early morning of September 27, 2014.
For this reason, he was singled out for his alleged responsibility in the crimes of organized crime and forced disappearance related to the disappearance of the 43 normalistas.
Other arrests related to the Army and the Ayotzinapa case are those of General José Rodríguez Pérez, Captain José Martínez Crespo, Second Lieutenant Fabián Alejandro Pirota Ochoa and Sergeant Eduardo Mota Esquivel, who are in a military prison accused of the same crimes.
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