Supreme Court Sides with Ex-Governor Corral in Disobedience Case
MEXICO CITY (apro). – The Supreme Court of Justice of the Nation (SCJN) has unanimously rejected an appeal filed by Cruz Pérez Cuéllar, the Mayor of Ciudad Juárez, Chihuahua. The appeal sought to compel the Chihuahua State Attorney General’s Office to initiate criminal proceedings against former Governor Javier Corral for alleged disobedience.
The SCJN’s plenary session, without any discussion, dismissed Pérez Cuéllar’s complaint against the rejection of an amparo lawsuit he filed against the Chihuahua Prosecutor’s Office. This decision marks a significant development in a legal dispute that originated in 2021.
Background of the Legal Battle
The case began in 2021 when Mayor Pérez Cuéllar accused Corral of moral damage. Subsequently, Pérez Cuéllar filed an amparo to prevent the former governor from making statements about him that could harm his honor, reputation, and good name. Corral allegedly failed to comply with the amparo ruling, leading the Mayor of Ciudad Juárez to file a complaint for disobedience in 2023.
The Chihuahua Prosecutor’s Office did not respond to the complaint until 2024, when a control judge requested an update. The Prosecutor’s Office then announced its decision not to pursue criminal charges against Corral. This decision was later confirmed by the control judge on March 22, 2024.
Amparo Dismissed Due to Procedural Issues
Following the control judge’s confirmation, Mayor Pérez Cuéllar filed an indirect amparo lawsuit. However, this lawsuit was dismissed by the First District Judge in the state of Chihuahua. The dismissal was based on the principle of definitiveness, which stipulates that an amparo proceeds only after other local legal remedies have been exhausted, provided they are contemplated by applicable law. In this instance, the relevant remedy was an appeal, as established by the January 2024 reform to the Amparo Law.
Pérez Cuéllar then filed a complaint against this dismissal, arguing that the 2024 reform did not apply to his case because the initial proceedings began before the reform came into effect. However, the Supreme Court disagreed.
Supreme Court Upholds Reform’s Applicability
At the proposal of Minister Lenia Batres, the Supreme Court declared the complaint unfounded. The Court confirmed that the 2024 reform indeed applies to the Mayor’s case because it came into effect before he filed his complaint.
“The basis for filing an appeal is clear, current, and sufficient. The complaining party had the necessary normative elements to know and exercise that means of defense,” stated Minister Batres in her project presentation. This ruling reinforces the applicability of the recent legal reforms in such cases.
Implications for Future Cases
The SCJN’s decision underscores the importance of exhausting all available local legal remedies before resorting to an amparo lawsuit, particularly in light of the recent reforms to the Amparo Law. This ruling sets a precedent for similar cases and clarifies the procedural requirements for legal challenges in Mexico.
The case highlights the ongoing legal complexities and political tensions between local and state officials in Chihuahua. While the Supreme Court’s decision brings a definitive end to this particular legal avenue for Mayor Pérez Cuéllar, it remains to be seen if other legal or political actions will be pursued.
The former governor, Javier Corral, has been involved in several high-profile cases and has been an outspoken critic of various political figures. This ruling could be seen as a victory for Corral, as it shields him from criminal prosecution in this specific instance. The Mayor of Ciudad Juárez, Cruz Pérez Cuéllar, will now have to consider alternative strategies for addressing his concerns regarding the former governor’s actions.
The SCJN’s unanimous decision reflects a clear interpretation of the Amparo Law and its recent amendments, emphasizing procedural correctness in legal challenges. This case serves as a reminder of the intricate legal framework governing public officials and their interactions within the Mexican justice system.
