With accusations for sexual abuse against his two minor daughters, Manuel Cavazos López tries to regain his position as magistrate of the Superior Court of Justice of Mexico City (TSJCDMX) that the capital Congress did not ratify it in 2020 due to the complaint.
While Mariel Albarrán, mother of the minors, continues the legal battle in federal courts for the Mexico City Attorney General’s Office (FGJCDMX) to attend to the case, which she dismissed in March 2021 on the grounds that it had no elements to link to process the father of the girls, and thus be able to bring to trial the alleged aggressor of his daughters.
Besides, Albarrán also has to attend to the seven complaints against himof which he is aware, three for family violence, one for corruption of minors, another for falsehood, procedural fraud and, the last, of which the crime is not known but he knows that he is in the Attorney General’s Office.
“They are in different agencies and they started from the day that the lawyers (for Cavazos) wanted to negotiate so that this would not get bigger,” Mariel Albarrán told The list.
On February 27, 2020, the Commission of Administration and Procurement of Justice of the last legislature denied Manuel Cavazos the ratification as magistrate of the second, the Second Specialized Chamber for the Execution of Criminal Sanctions of the court of Mexico City for “lack of honor”, a requirement that the Constitution demands in article 95 for the appointment of magistrates and that, according to the local deputies, he did not comply.
Cavazos filed an amparo before the second court in administrative matters, which was admitted on June 25, 2020, by the alleged illegality of its non-ratification by local deputies “due to his lack of motivation and substantiation”, according to the amparo files, consulted in the Federal Judiciary Council.
This protection was denied, so Manuel Cavazos López continued to fight with legal resources to obtain his appointment and filed a complaint and an appeal for review.
In the meantime, The CDMX prosecutor’s office was investigating the case of sexual abuse against the girls, who were 5 and 6 years old at the time.. The mother of the minors, Mariel Albarrán, told The list that during that time, psychological studies were carried out on her daughters at the Association for the Comprehensive Development of Raped People (Adivac) with several decades of experience on the subject.
The Prosecutor’s Office also carried out psychological expert reports, based on which the expert determined that the acts of sexual abuse did occur. Expert psychological tests were also carried out on Manuel Cavazos and, according to the capital prosecutor’s office, his staff exhausted all investigative resources.
In February 2021, Mariel went to the Mexico City Human Rights Commission (CDHCM) to file the complaint and it issued a technical opinion on July 22, 2021 on the proceedings carried out by the CDMX prosecutor’s office and its level. probative.
The commission pointed out that there is consistency with the statements that the girls gave to different specialists and determined that the prosecution has the obligation to recover these findings and incorporate them into the investigation folder.
However, in March 2021, the ministerial authorities of the CDMX reported the decision not to exercise criminal action, that is, the closure of the investigation, against the former magistrate “considering that There are no evidentiary elements that allow an accusation to be formulated before a control judge”, the capital’s prosecutor’s office reported in a statement.
The mother of the minors He has not given up his demand that the case be investigated and judged. On September 30, he obtained an injunction ordering the case to be reopened. But Mariel does not want the matter to be reviewed by the court in Mexico City, since he considers that there may be a bias in favor of the presumed offender and seeks federal court the one that dictates the criteria to solve it.
“It is the Superior Court of Justice of the City and the prosecution who are protecting him (Cavazos) and I don’t want them to have room for maneuver at all. I want to with apples and pears, a federal agency tells them what to do and that they also get to the bottom of the matter. What I want is for there to be a precedent, so that the mothers who come after me do not have to be struggling with these issues of child sexual violence,” explained Mariel.
A month after Mariel won the amparo trial for the capital prosecutor to reopen the case, in November 2021, Cavazos López obtained the amparo against the decision of the CDMX Congress about his non-ratification as a magistrate of the TSJCDMX.
Although the former magistrate’s original objective was to be granted tacit ratification, that is, immediate, the second administrative court it only granted him the protection so that the local Congress founds and motivates the reason why in 2020 he did not ratify the position.
The resolution means that the Congress of Mexico City must analyze again the process that Cavazos went through in 2020 and that led the members of the Administration and Justice Commission not to ratify the position.
The General Directorate of Legal Affairs of the Congress already filed an appeal for review against this sentence and on March 1, the 20th collegiate court in administrative matters accepted it, so it will be resolved in the coming months.
Mariel Albarrán trusts the Judicial Power of the Federation so that her case is resolved in favor of her daughters, since she says that until now, it has been the only instance that has protected them and ruled in their favor.
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Former magistrate Manuel Cavazos, accused of sexual abuse against his daughters, tries to regain his position