Although the former governor of Morelos and now candidate for federal deputy, Sergio Estrada Cajigalis found in preventive prison since May 25, accused of family violence, the National Electoral Institute (INE) had to keep your candidacy valid by the Force and Heart coalition for Mexico.
In compliance with a ruling from the Mexico City Regional Chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF), the General Council of the INE approved an agreement this Saturday night, on the eve of election day, to determine that The PAN member is eligible as a candidate for federal deputy by the principle of relative majority in the district 01 of the state of Morelos.
Because the control judge has not determined the suspension of Estrada’s political-electoral rights, and to respect the presumption of innocence, the electoral authority determined that he complies with the provisions of the regulations to be nominated for a federal elected position. popular.
“Although the existence of a criminal case initiated against the citizen Sergio Alberto Estrada Cajigal Ramírez, for the crime of family violence, the respective judge reported that no order has been issued from which the exercise of his political-electoral rights has been suspended, and without the political party national applicant proves otherwise,” the agreement says.
Since before he was arrested, Morena had requested that the INE withdraw his candidacy and order his immediate replacement.“because there is an order of connection to proceedings against him for the crimes of family and gender violence, decreed by a criminal jurisdictional authority in Quintana Roo, which updates the provisions of article 38, section V, of the Constitution.”
However, when making the respective consultations with the judge, who was asked to report whether among the measures taken, in addition to preventive detention, the suspension of her political-electoral rights had been considered, the judge reported that that determination had not been made.
The ruling of the Regional Chamber ordered the INE to decide on the eligibility of the candidate as soon as possible and to do so, “weigh the political right to be voted for, in addition to attending to the principles of legality, presumption of innocence, necessity and proportionality, upheld both by the Inter-American Court of Human Rights and by what is defined by the Superior Chamber of that Electoral Court.”
The agreement was approved with the concurrent vote of counselor Carla Humphrey, who expressed her disagreement with the sentence which forced them to keep the candidacy of said character in force.
“In a country with these levels of impunity, 92 percent, it is almost impossible for a woman to have a definitive sentence to provide this authority regarding the commission of any of the behaviors indicated in article 38 section VII, due to political violence. or based on gender; I say this because the crime for which the criminal case is open is family violence,” she said.
“We are faced with the lack of a sentence and the suspension of political-electoral rights, but evidently there are elements of the conduct for which the precautionary measure was issued,” said Humphrey.
The counselor said that, “in my opinion, the registration should be canceled and based on the constitutional principles of women leading a life free of violence, the candidate’s registration should be canceled, since it is proven that this person is a violent person, the elements are there, I think it is clear that we are facing the case of a permanent and consistent systematic obstruction of the administration of justice when it comes to violated women.”
Carla Humphrey assured that she would vote in favor to comply with the sentence, but with a concurrent vote.
“Of course I do not share the considerations of the Mexico City Regional Chamber, I do not share the foundations, the balance between the principle of presumption of innocence is not clear, this matter is already being judicialized, with the constitutional principles of women to a free life of violence,” he said.
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