A Federal Court overturned the sentence of 40 years in prison against the kidnapper Daniel Arizmendi Lopez, The Mochaorejas, and his brother Aureliano, and ordered a District Judge to reinstate the procedure until the procedure prior to the closing order of the investigation.
In compliance with an amparo ruling, Judge Manuel Bárcena Villanueva, head of the Second Unitary Court in Criminal Matters, also gave the Attorney General’s Office (FGR) permission to initiate an investigation to determine whether Daniel and Aureliano, as well as the co-defendants Daniel Vanegas Martínez, Francisco Javier Pérez Aguilar and Dulce Paz Vanegas Martínez, were tortured.
More than a month ago, the First Collegiate Court in Criminal Matters granted an injunction to the effect that the sentence only against the brothers Daniel and Aureliano be annulled, and order reinstate the procedure; also, that a possible torture be investigated.
The magistrates explained that since Daniel and Aureliano confessed to facts and their accomplices made accusations against them, the possibility that they could eventually suffer acts of torture is evident.
They indicated that some of these statements were considered by the Unitary Court responsible for the matter, as evidence against them to dictate the sentence and find them responsible for the crimes they are accused of, since it was based on their confessions and accusations of the co-defendants.
The magistrates also ordered 14 pieces of evidence related to ministerial declarations to be “expelled”, and that an assessment be made of the remaining pieces of evidence based on the applicable legislation, and with freedom of jurisdiction, a well-founded and motivated statement be made on the scope of the evidence. of the evidence available to dictate a new judgment.
Both Daniel and Aureliano stated that they were victims of torture and that they denounced it before the court of origin when unburdening their preparatory statements and extensions of the statement.
Now, in compliance with the sentence, the Second Unitary Court has complied with the protective ruling, so it will now be up to the Seventh District Court of Federal Criminal Proceedings in Mexico City to determine whether to sentence Daniel and Aureliano again.
In the event that the complainants are again considered responsible, the judge must establish and adequately justify the crimes they are responsible for.
Daniel Arizmendi was captured in 1998, an operation carried out by the commander of the Federal Preventive Police, Alberto Pliego Fuentesconsidered at the time as one of the country’s superpolicemen, who later caught the kidnapper as well Nicholas Caletri, The Italian.