A federal judge denied recognizing the magazine Proceso as an indirect victim in the murder of Regina Martinezcorrespondent for the weekly Veracruzwhich occurred in April 2012.
The determination to deny the weekly newspaper the status of victim in this case was Augustus Octavian Mejia Ojedahead of the Third District Court for Amparo in Criminal Matters in Mexico City, which concluded that accepting the magazine’s request would be violating the General Victims Lawwhich establishes that only natural persons can be considered as victims.
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According to the ruling in the case, on June 22, 2021, the magazine Proceso asked the agent of the Public Ministry to recognize the quality of indirect victim within the preliminary investigation 034/FEADLE/2012, which was integrated for the crime of homicide committed against the journalist Regina Martínez.
In response, on July 7, 2021, the agent of the Public Ministry issued official letter 64/MPFEADLE/2022, in which the Special Prosecutor for Attention to Crimes Committed against Freedom of Expression (FEADLE) informed the weekly that it was not could recognize as indirect victim.
In this way, Proceso promoted a protection trial against this determination, getting the Justice of the Union to order the head of the III Investigation and Litigation Team of the FEADLE leave its decision “insubstantial” and formulate a new determination to “expose the immediate causes, particular reasons and legal systems on which its decision is based”.
Thus, on February 23 of this year the Public ministry issued a new official letter in which it argued that since Proceso and Regina Martínez only had an “employment relationship” and that the weekly is a legal entity, there were no reasons to consider an “affectation as a consequence of the death” of the journalist to the weekly
“It is important to point out that even when the direct or indirect relatives of (Regina Martínez) do not play an active role in promoting the investigations or clarifying the facts, this is not a justification for the Moral person (Process) he is recognized as an indirect victim, since it is to be noted that the State is obliged to carry out the investigation and prosecution of crimes, “added the Public Ministry.
In relation to the foregoing, Judge Mejía Ojeda concluded that in effect “it is not appropriate to recognize the moral complainant (Process), the quality of indirect victim, since the assumptions required by the General Law of Victims are not met, and that, if they recognized this quality, this investigative body would be violating the principle of exact application of the Law”.
In this way, the judge denied the possibility that Process could intervene in the case, although he recalled that there are various means by which he can request information about it, without specifying what these channels could be.