Mexico (in) Justice
 


San Felipe, Baja, Mexico

...translated from a ZETA Magazine Article Feb, 2013

"Here is the file," says the Assistant Attorney General of the State , Juan Carlos Buenrostro, while taking in his hands the thick case file containing the (Criminal Fraud Case) AP 11/12/104.

The action relates to one regarding the fraudulent sale of land in San Felipe, evidently undertaken with several companies against hundreds of foreign buyers, who were promised paradise, services and spaces equipped with, but not actually delivered to them or partially delivered what was promised (ZETA 1919, January 2011).

But now (these cases) have run into the slow and anomalous Mexican justice: the trial judge, Francisco Hernandez-Avalos lengthened the process, argued without justification and, eventually, in November 2012 refused to grant the (arrest) warrant. The same judge (Avalos) in San Felipe was suspended by the Judicial Council, accused by citizens of the seaport, businessmen and citizens of committing a series of irregularities in his work as a judge.

But the judge was given a shelter (Federal Amparo) and returned to his post, to continue with cases in this Court, among them the alleged fraud of U.S. investors.

On December 4, Judge Avalos signed a document sent to the (PGJE) Office and sent the case file back, after denying the three arrest warrants requested by that agency.

Two days later, the holiday period started in the judiciary, ending Monday January 7, 2013. The document (refusing the arrest warrants) officially arrived at PGJE (Mexicali) on Tuesday January 8, but also on that date Avalos learned that he had been dismissed from his post due to the non-accreditation of the evaluation process implemented by the Judicial Council.

"Justice is too slow here and it seems like a game. Do we now have to wait until Easter?" questions Bill Casey, one of the Americans defrauded, who has persistently followed his case by the intricate and slow way of Mexican justice which (he) does not quite understand.

On 26 November 2012, the then judge not only denied the requested arrest warrant against three vendors of land-Manuel Pérez Espinoza, Jose Rubio Rojas and Yolanda Nunez-Felix, but also denied that there were criminal case grounds as it was more of a civil nature.

"He (Avalos) says that if you signed a purchase contract, you should file through civil, not criminal court," said Buenrostro, who believes there is a possible commission of a crime, hence perusing prosecution, referring the case to the Court since July 11, 2012.

One of the U.S. claimants, Bill Casey, stated that his records-and-several others were lost, though, according to (Buenrostro), the bulky folder was not in the San Felipe Court, because it was returned to PGJE Mexicali. Buenrostro said that only two cases of lawsuits against land developers, one of Casey and the other based in the New Criminal Justice System.

Casey insists that there are more than 259 victims of fraud who claim to have filed fraud lawsuit against developers in San Felipe. He reports that since early 2010 filed a civilian (commercial) case, but this was unsuccessful (in seeing any progress), so in August of that year brought the same complaint, but in criminal proceedings, which also never came.
"The house of Manuel Perez is half a kilometer from the court building," says Casey ironically questioning why the apparent delay in its application (of justice).

Additionally, in recent years (Casey) has had to deal with at least four different lawyers assigned as PGJE case managers. "With each one we had to start again," says the American living in San Felipe, and also recounts on par with other laughable arguments made (by Avalos) in previous months such as (the PGJE) had misspelled the word “fraud” in their paperwork or in that (Avalos erroneously stating) that he did not have a signed original contract between the client and developers.

"Judge Avalos was never afraid to do those things," accused Casey, who still expects Mexican justice to respond.
According to official data, on June 21, 2012, the Judicial Council initiated the evaluation process for ratification of Judge Francisco Avalos then notified on July 3 of that year. He requested a detailed statistics of court charge, judgments, appeals, injunctions and workload and academic upgrading.

His (Avalos’) case was scheduled for the Council meeting on 15 November, when it was agreed to await the opinion to the Full Court of Justice, (and) a non-ratification vote meeting held on January 10, 2013. The judge was officially removed on January 11. The official document established that Avalos "did not enjoyed a good reputation, and did not meet all of the requirements of Article 62 of the State Constitution to hold the office of judge" so he was not qualified for office.

From the PGJE hope to return to San Felipe record these days, again requesting the arrest warrant against the three developers, but now with the new (San Felipe) judge.

Sergio Haro

Here is a link to the Original Article.