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<\/figure>\n\n\n\nThe prosecutors in charge of the case modified the accusation from organized crime to criminal association, which merits a significantly lower imprisonment penalty. With this modification, Javier Duarte could “negotiate” a reduced sentence with the Prosecutor’s Office in exchange for accepting the new charges. Finally, Duarte was sentenced to just nine years of prison and a fine of 58,000 Mexican pesos without any measures to repair the social damage or clarify the facts in a public trial.<\/p>\n\n\n\n
Considering the above and Duarte’s public statements, it is evident that this agreement constituted a new act of corruption between the former governor and the prosecutors. The reduced sentence was illegally obtained to evade a public oral trial and a significantly higher penalty. Due to the above, in October 2018, TOJIL filed a criminal complaint against them upon warning that the prosecutors may have committed bribery by illegally offering Duarte the benefit of a plea bargain. In addition, TOJIL requested the Prosecutor’s Office to recognize the organization as a victim of this corruption-related crime.<\/p>\n\n\n\n
The Prosecutor’s Office denied the organization the status of victim. Consequently, TOJIL undertook a legal battle in federal courts that generated a relevant precedent for the anti-corruption fight in our country. In a historic decision, a District Judge recognized a civil society organization as a victim of collective damages for the first time in Mexico. However, a Collegiate Circuit Court overturned this transcendent precedent in a divided decision.<\/p>\n\n\n\n TOJIL believes that the Mexican authorities’ refusal to recognize our status as victims of a corruption-related crime violated various human rights recognized in the American Convention on Human Rights, for example, our right to defend human rights. Therefore, in July 2020, we filed an initial petition before the Inter-American Commission on Human Rights (IACHR).<\/p>\n\n\n\n Initially, the IACHR determined not to process the case. Consequently, in January 2022, we filed a request to re-examine the initial petition. The case is currently in the admissibility process, which means the IACHR has transmitted our complaint to the Mexican State, and we are awaiting the admissibility decision. If favorable, this case could completely change the reality of the anti-corruption fight in Mexico and Latin America by allowing the participation of society in criminal proceedings of corruption-related crimes.<\/p>\n","protected":false},"excerpt":{"rendered":" In 2019, TOJIL achieved an emblematic precedent in which a federal constitutional judge recognized the organization as a victim of corruption-related crime within a criminal proceeding related to the former governor of the state of Veracruz Javier Duarte. In summary, this ruling determined that civil society organizations can represent an effective counterweight to achieve justice […]<\/p>\n","protected":false},"author":2,"featured_media":242460,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"off","_et_pb_old_content":"\n In 2019 we achieved an emblematic sentence in which an amparo judge recognized TOJIL as a victim of corruption crimes within a criminal proceeding related to former governor Javier Duarte, which allows organizations to be a real and effective counterweight to achieve justice in cases of corruption that affect us all.<\/p>\n\n\n\n As governor of Veracruz, Javier Duarte was singled out for the diversion of more than 3,616 million pesos that were originally intended for public services. These facts were made known through various journalistic investigations. Faced with the wave of accusations, in 2016 Duarte fled to Guatemala and the following year he was extradited to Mexico, where in a preliminary hearing he was linked to a process for money laundering and organized crime, for which reason from that moment he remained in prison. However, the prosecutors in charge of the case modified the crime of organized crime for that of criminal association, which has a much lower penalty.<\/p>\n\n\n\n This change occurred within the framework of an illegal request by the Financial Intelligence Unit. With this modification, Javier Duarte managed to \"negotiate\" with the Attorney General's Office for a reduced sentence (which could have been more than 25 years) in exchange for accepting the new charges, whose sentence was determined in 9 years in prison and a fine. of 58 thousand pesos, without any reparation for the damage or clarification of the facts in a public trial.<\/p>\n\n\n\n Considering these conditions and Duarte's own statements, it was evident that this agreement was a new act of corruption by the former governor with the prosecutors in the case in exchange for obtaining a reduced sentence without meeting the regulatory requirements to obtain it and thus evade a trial and a major penalty.<\/p>\n\n\n\n On October 1, 2018, after noting that the officials could have committed the crime of bribery by offering Duarte the benefit of an abbreviated procedure without respecting current regulations, the TOJIL organization filed a complaint against the prosecutors in the case and In it, he requested the Prosecutor's Office to recognize him as a victim in the case of corruption crimes, a character that was initially denied to him.<\/p>\n\n\n\n Our legal fight resulted in a historic resolution recognizing the character of a collective victim to a civil society organization for the first time in Mexico, giving life to the most important precedent in the fight against corruption in our country. However, said resolution was later revoked, and consequently the \"Tojiles\" went before the Inter-American Commission on Human Rights (IACHR) so that this case can be analyzed. We are currently awaiting admission. This case could completely change the reality of the fight against corruption for Mexico and all of Latin America.<\/p>\n","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-244584","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/posts\/244584","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/comments?post=244584"}],"version-history":[{"count":0,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/posts\/244584\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/media\/242460"}],"wp:attachment":[{"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/media?parent=244584"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/categories?post=244584"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tojil.org\/en\/wp-json\/wp\/v2\/tags?post=244584"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"\"](\"https:\/\/tojil.org\/en\/wp-content\/uploads\/2024\/12\/Imagen-13.jpg\")
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