After a 12-hour hearing, the judge has prosecuted former prosecutor Jesús Murillo Karam for forced disappearance, torture and obstruction of justice, within the framework of the investigations into the Ayotzinapa case. By order of the judge, Murillo will remain in prison, where he has been sleeping since his arrest last Friday. The architect of the “historical truth” will await the trial behind bars, unless there is a change in the precautionary measure. For the crimes he is accused of, the former prosecutor faces dozens of years in prison. Only for forced disappearance could they drop up to 40. Murillo is 74 years old.
In short, the Prosecutor’s Office accuses Murillo of allowing and avoiding denouncing the torture inflicted by his subordinates on four detainees in the case. The agency also points out that the former prosecutor imposed a partially false line of investigation, the so-called historical truth, which prevented the search for the 43 disappeared students from continuing. This, with the aim of stopping the “social outcry” that had caused the case. Finally, the investigators affirm that Murillo organized the manipulation of one of the alleged crime scenes, the San Juan River area, where his henchmen found the remains of one of the 43, Alexander Mora, in very strange conditions.
To date, Murillo is the highest-ranking former official prosecuted by the Ayotzinapa case. His two immediate subordinates at the time, accused like him, are wanted and captured. The then head of the Criminal Investigation Agency, Tomás Zerón, is one of them. Mentioned ad nauseam in the audience as Murillo’s operating arm on the ground, Zerón fled to Israel years ago. A similar case is that of Gualberto Ramírez, Zerón’s subordinate, a fugitive from justice. Between the three, says the Prosecutor’s Office, a plan was put together to quickly close the attack against the students of the Normal Rural of Ayotzinapa.
On the night of September 26 and early morning of September 27, 2014, a network of criminals and police attacked a group of normal school students in Iguala, Guerrero. The boys had gone to the town to take buses to travel days later to Mexico City, to commemorate the October 2 massacre. The reason for the attack is not very clear. The current administration of the Prosecutor’s Office suggests that it could have been a mistake, the attackers’ belief that the boys were infiltrated by a rival group. Also that in one of the buses they took there was a shipment of drugs.
On October 5 of that year, the then Attorney General’s Office, headed by Murillo, took over the investigation into the attack. The country was experiencing a wave of protests such as had not been seen in years, fed up with a situation of violence that had lasted too long. Ayotzinapa had crossed a limit and Murillo was in charge of putting out the fire. In just three weeks, the former prosecutor announced to the press that the case was about to be resolved. At a press conference on October 27, he said that four important people had been arrested for the investigation and put forward a theory of the case, the historical truth, as he himself would later call it.
His effectiveness was his tomb. Between October 2014 and the following January, Murillo explained that the criminal attack ended with the dead students, burned in the dump of a neighboring town of Iguala, Cocula, their remains thrown into the nearby San Juan River. Over the years, however, independent investigations reported irregularities in the investigations, torture of detainees, planting of evidence… With the change of guard in the Government and the Prosecutor’s Office, in December 2018, and the birth in mid-2019 of a special unit for the case within the investigating agency, these complaints became official investigations. The investigations have now ended with Murillo in jail.
In this Wednesday’s session, the Prosecutor’s Office and defense have reviewed the evidence of charge and discharge against the former prosecutor. It was easier for the prosecution, supported by Santiago Aguirre, lawyer for the families of the 43 disappeared students, and Daniela Aguirre, representative of the victims of torture during the Murillo years at the head of the investigations. At this stage of the process, the Prosecutor’s Office only had to convince the judge of the probability that Murillo is guilty, not of the certainty. By lunchtime, the decision was made, the judge accepted the prosecutors’ arguments. Only the precautionary measure was missing.
Then the surprise has arrived. At the last minute, Murillo’s lawyers have presented a witness, an expert in “precautionary measures and procedural risk analysis”, who has presented a report on the benefits of the former prosecutor. Murillo, Cuauhtémoc Vázquez González de la Vega, the expert, has said, is “the strong arm” of the family, a lover of his children, grandchildren and dogs, rooted in Mexico, unable to flee.
González de le Vega has also elaborated on the former official’s medical conditions, including a “neurological metabolism deficiency” and a complicated case of hypertension. “He practically does not leave the house,” he has said. Despite this, the judge has decided to maintain preventive detention after the Prosecutor’s Office alleged the high risk of flight, due, in part, to the network of contacts managed by a former official like Murillo. “The witness precisely illustrates the network that Murillo has at his disposal,” one of the prosecutors, Lidia Bustamante, has sarcastically said.
Murillo has been losing energy over the hours. His upright posture in the morning has given way to later regrets. At 1:00 p.m., the former prosecutor was holding his forehead with his hands, half bored and thoughtful, listening to the lawyers. He sometimes put his hands in the pockets of his jacket, which he has never taken off. His mask fell, first to the wall, then to his mouth and chin, until, at night, he removed it. At the last minute he held his head with both hands. Then he rested his chin on his fists and stayed that way.
He has spoken on a couple of occasions. In the second, before the lunch break, he has defended his actions and has criticized all those who in these years have pointed out irregularities in the case that the old PGR put together, under his command. The former prosecutor specifically referred to the Argentine Forensic Anthropology Team (EAAF) and the International Group of Independent Experts (GIEI) commissioned by the IACHR to Mexico, groups that have analyzed the case over the years and denounced, for the first time, its irregularities. .
“These Argentine and inter-American groups participated in the entire investigation. They decided what remains would be sent for analysis, where they would be sent…”, said the former prosecutor. “For seven years they have been looking for an alternative, they have invented many and they all fall down. There were remains found, yes”, he has said, referring to bone fragments from two of the 43 located in 2020 and 2021, almost a kilometer from the central stage of historical truth. Murillo then added: “But [los encontraron] on the way from the ravine to the garbage dump. It could have been done better”, he concluded, “mistakes could have been made, but no one has been able to throw it away”.
The arrest and prosecution of Murillo occurs days after the presidential commission investigating the case, in support of the Prosecutor’s Office, released a report that officially undermined the historical truth. Created by mandate of the president, Andrés Manuel López Obrador, the commission, led by the Undersecretary for Human Rights, Alejandro Encinas, calls the version of Murillo, Zerón and company a montage and points to the participation of civil and military authorities in the disappearance, for action or omission. The report qualifies the attack and subsequent government corruption as a “state crime.”
The document has left a sentence that nobody wanted to hear but that many took for granted: “There is no indication that the missing students are alive.” His presentation also inaugurated a cataract of news about the case, beginning with the arrest of Murillo and continuing with the order of a judge to arrest 20 military commanders and troop elements, in addition to 63 other local police officers and authorities from Guerrero. The tragic story, one of the symbols of violence and corruption of Mexican institutions in recent times, thus begins a new chapter.
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