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Mexico: Whether an appeal was launched against the federal criminal court ruling that protects former president Luis Echeverría Álvarez from further prosecution on charges of criminal responsibility for the 1968 killings of demonstrators in Mexico City; details on any other recent court proceedings related to the 1968 killings

The case of Luis Echeverría Álvarez

On 2 October 1968, Mexican soldiers used live ammunition to quell student protests ahead of the Olympic Games in Mexico City (AP 12 July 2007), in what became known as the [translation] "Tlatelolco massacre" (matanza de Tlatelolco) (IPS 3 Oct. 2007).

On 12 July 2007, a federal court exonerated former Mexican president Luis Echeverría Álvarez of any criminal role in the massacre, which occurred when he was the country's interior minister (AP 12 July 2007). Judge Jesús Guadalupe Luna ruled that the massacre amounted to "genocide" under Mexican law (AP 12 July 2007; New York Times 13 July 2007). According to Spain's EFE News Service, Latin American jurisdictions often employ the term "genocide" to denote "mass murder" rather than systematic efforts to eliminate an ethnic, racial or religious group (2 Oct. 2007). Although Luna called the massacre a genocide, he also stated that he had insufficient evidence to try Echeverría Álvarez in connection with the massacre (AP 12 July 2007; New York Times 13 July 2007). In addition, Luna granted Echeverría Álvarez amparo, or legal protection from further prosecution and incarceration (ibid.). If this ruling is upheld by an appellate court, Echeverría Álvarez will be immune from further imprisonment on charges related to the 1968 killings even if he is found to be criminally liable by a lower court (ibid.).

Several media sources reported in late July 2007 that the Office of the Attorney General of the Republic (Procuraduría General de la República, PGR) appealed Judge Luna's decision on the last day that an appeal remained possible (La Jornada 27 July 2007; AP 26 July 2007; EFE 27 July 2007). The appeal brought the case before the Fifth Collegial Criminal Court (Quinto Tribunal Colegiado en Materia Penal) (NOTIMEX 5 Dec. 2007), which in turn applied to have the case heard by the Supreme Court (ibid.; AFP 1 Nov. 2007).

On 5 December 2007, the Supreme Court ruled that it would not hear Echeverría Álvarez's case because it considered it within the jurisdiction of a lower court (AP 5 Dec. 2007; Reforma 6 Dec. 2007;, NOTIMEX 5 Dec. 2007), in this case the Fifth Collegial Criminal Court (ibid.; Reforma 6 Dec. 2007). This court will be tasked with reviewing the amparo granted to Echeverría Álvarez (ibid.;, NOTIMEX 5 Dec. 2007).

Corroborating and further recent information on the pending decision of the Fifth Collegial Criminal Court regarding the appeal of the ruling granting Echeverría Álvarez amparo could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Other court proceedings

InterPress Service (IPS) reports that in 2001, the administration of former president Vicente Fox created the Office of the Special Prosecutor for Past Social and Political Movements (Fiscalía Especial para Movimientos Sociales y Políticos del Pasado, FEMOSSP) to investigate Mexico's so-called [translation] "dirty war" (guerra sucia), including the Tlatelolco massacre (IPS 3 Oct. 2007). FEMOSSP called for the arrest of 55 persons, including Echeverría Álvarez, before closing down in 2005 (ibid.). AP notes that in its five years of existence, the office succeeded in initiating a criminal procedure only against Echeverría Álvarez (18 Mar. 2008). According to IPS, in 2007 none of those responsible for the Tlatelolco massacre were in prison (3 Oct. 2007). However, Reforma reports that in February 2008 there were 52 ongoing criminal cases related to the dirty war (7 Feb. 2008). Further information on other court proceedings related to the Tlatelolco massacre could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 1 Novembre 2007. "Juicio a ex presidente mexicano Luis Echeverría llega a la Suprema Corte." (Factiva)

Associated Press (AP). 18 March 2008. E. Eduardo Castillo. "México irá a Corte IDH por desaparecido durante 'guerra sucia'." (Factiva)
_____. 5 December 2007. "México: Suprema Corte rechaza revisar exoneración Echeverría." (Factiva)
_____. 26 July 2007. "Apela PGR amparo a Echeverría por genocidio." (El Universal) <http://www.el-universal.com.mx/notas/vi_439311.html> [Accessed 25 Apr. 2008]
_____. 12 July 2007. "Mexican Court Exonerates Former President in 1968 Student Massacre." (International Herald Tribune) <http://www.iht.com/articles/ap/2007/07/12/america/LA-GEN-Mexico-Dirty-War.php> [Accessed 2 May 2008]

EFE News Service. 2 October 2007. "Protesters Demand that 1968 Mexican Massacre Case Be Reopened." (Factiva)
_____. 27 July 2007. "Mexican's Exoneration for '68 Massacre is Challenged." (Factiva)

InterPress Service (IPS). 3 October 2007. Emilio Goldoy. "Derechos Humanos – México: Una esperanza de justicia." (Factiva)

La Jornada [Mexico City]. 27 July 2007. Alfredo Mendez. "Seguirá indefinidamente proceso por genocidio contra Echeverría." <http://www.jornada.unam.mx/2007/07/27/index.php?section=politica&article=014n2pol> [Accessed 2 May 2008]

The New York Times. 13 July 2007. James C. McKinley, Jr. "Federal Judge Overturns Ruling Against Mexico's Former President in 1968 Student Killings." <http://www.nytimes.com/2007/07/13/world/americas/13mexico.html?_r=1&pagewanted=print&oref=slogin> [Accessed 25 Apr. 2008]

NOTIMEX (Agencia Mexicana de Noticias). 5 December 2007. "Resuevle SCJN no atraer amparo de caso Luis Echeverría." (Factiva)

Reforma [Mexico City]. 7 February 2008. Miguel Ángel Granados Chapa. "Plaza Pública: Juegos de gabinete." (Factiva)
_____. 6 December 2007. Víctor Fuentes. "Rechaza Corte atraer caso LEA." (Factiva)

Additional Sources Consulted

Oral sources: Several professors of Mexican human rights law did not respond to requests for information within the time constraints of this Response.

Internet sites, including: Consejo de la Judicatura Federal (CJF), Justice in Mexico Project, Suprema Corte de Justicia de la Nación (SCJN).