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| |  | | Luis Echeverría Alvarez | | | context : | Mexico  | | judgement place : | Mexico | | status : | Investigations underway | | particulars : | Charges of genocide and forced disappearances dismissed by a Mexican federal court on 12 July 2007 | | position : | Minister of interior, then President of Mexico |
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| | | | On 23 July 2004 the Special Prosecutor issued a bill of indictment against Echeverría for genocide and demanded that he be arrested for the murder of 25 students as well as for the severe beatings given to dozens of others during the Corpus Christi Massacre of 10 June 1971.
The evidence against Echeverría was based on documents which would show that he was in charge of the Special Forces which committed the massacre and that he had received regular reports on the incident and its aftermath from the Chief of the Secret Police. At the time the Government claimed that the police forces as well as the demonstrators had been attacked by armed civilians who had been arrested and convicted but then subsequently released as a result of a general amnesty.
On 24 July 2004, the judge in office refused to issue an arrest warrant against Echeverría due to problems related to prescription for the crimes detailed in the bill of indictment and rejected the arguments of the Special Prosecutor with regard to special circumstances with respect to acts of genocide.
On 24 February 2005, the High Court, decided on appeal, by 4 votes to one, that the Prescription Act (30 years) had expired at the time proceedings had been opened up and that the ratification by the Mexican Congress in 2002 of the 1968 UN Convention on the Non-Applicability of Statutory Limitations to war crimes and crimes against humanity (signed by the President on 3 July 1969, but ratified only on 10 December 2001), could not be applied retroactively, retroactivity being unconstitutional.
On 22 June 2005 however, the High Court further reviewed its decision and concluded that there was no prescription with regard to the crimes concerned, thereby quashing its own decision taken in February. A lower jurisdiction will therefore have to decide whether or not a case exists to take up proceedings against Echeverria.
An appeals court then delivered a surprise ruling that there was enough evidence to support genocide charges. On 30 June 2006, a house arrest was thus ordered against Echeverria.
But on 8 July 2006, a federal judge in Mexico set aside the charges of genocide against Echeverria for his alleged involvement in a massacre of students in 1968 ruling that the statute of limitations had been exceeded.
On 29 November 2006, however, this ruling was reversed and an arrest warrant for Echeverria was issued. Echeverria, who suffers from health problems, was placed under house arrest in November 2006.
On 12 July 2007 a Mexican federal tribunal found that the massacre of 2 October 1968 did in fact amount to genocide, since the governmental authorities had taken a premeditated and coordinated action with the intent to exterminate a national group of students from different universities.
However, the tribunal rejected the charges against Echeverria. According to the judge, the State Prosecutor had not been able to produce evidence linking Echeverria to the preparation, conception or execution of the genocide.
As a consequence, the tribunal ordered his release from house arrest.
On 26 March 2009 the Federal Tribunal decreed the total freedom for Echeverria and exonerated him from charges of genocide for the massacre at Tlatelolco. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Mexico | | | date of birth : | | | 17.06.1922 | | | last time seen : | | | Mexico City | | | judgement period : | | | 08.07.2006 - 26.03.2009 | | | charges : | | | Forced disappearances
Genocide | | | profile last modified : | | | 18.03.2010 |
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