The third district judge rejected the protection requested by former governor Javier Corral, in file 1940/2024-IX-7, through which he sought to overturn the administrative liability procedure instituted before the State Administrative Justice Court (TEJA).
The federal jurisdictional authority determined that based on section XXIII, in relation to the various 107, section V, of the Amparo Law and 107, section III, subsection b), of the Political Constitution of the United Mexican States, it proceeds to dismiss the amparo claim regarding the agreement of admission of the report of alleged administrative responsibility, dated July 1, 2024.
Likewise, the amparo judge refused to open the trial of guarantees in relation to the discussion, approval, issuance, promulgation, endorsement and publication of the General Law of Administrative Responsibilities, by decree published on July 18, 2016 in the Official Gazette of the Federation (DOF), for acts attributed to the authorities indicated therein, which are the Secretariat of Public Function (SFP) and the State Court of Administrative Justice (TEJA).
The judge admitted the request for protection in relation to future statements by the State Government and its various officials, which could violate the presumption of innocence of the former governor.
In the suspension incident, the judge denied Corral the provisional suspension in relation to the statements already made in this regard, since they are accomplished facts.
“It is inappropriate to grant the precautionary measure with respect to the acts consisting of the interviews, statements and appearances that the responsible authorities, the constitutional governor of the State of Chihuahua, the head of the Social Communication Coordination of the Government of the State of Chihuahua and the person in charge of the Office of the Secretariat of Public Function of the State of Chihuahua, carried out before the mass media, in which they made assertions and conjectures about the legal situation of the complaining party and about the content of the disciplinary procedure followed against him, because such claimed acts have a consummated character,” says the agreement.
Notwithstanding the foregoing, the agreement published yesterday in the information system of the Federal Judicial Branch (PJF) adds, “based on the provisions of article 128 of the Amparo Law, the requested provisional suspension is granted for the purpose that in the future, the responsible authorities, when exercising their freedom of expression in its dual aspect, refrain from issuing pronouncements of guilt or insidious statements that violate the presumption of innocence of the complaining party in relation to any information related to the Administrative Responsibility Procedure ***, followed against him, until he receives notification of the resolution that is issued in the present incident regarding the definitive suspension.”
The incidental hearing to determine whether the definitive suspension is granted will take place on August 22 of this year; the constitutional hearing, to resolve the request for amparo definitively, is scheduled for September 27 of this year.
The file opened before the Administrative Court of Justice (TEJA), recently admitted, is based on allegations made by the Superior State Audit Office (ASE) and a complaint filed by Congressman Omar Bazán, related to false statements of assets by the former governor, in relation to the acquisition of land adjacent to his residence located on Costa Rica Street, in Ciudad Juárez, Chihuahua.
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