Sonora Court Denies Ovidio Guzman His Amparo
https://zetatijuana.com/2023/08/juzgado-de-sonora-niega-amparo-a-ovidio-guzman/
Translated excerpt:
A District Judge from the State of Sonora denied the amparo and protection of federal justice to alleged drug trafficker Ovidio Guzmán López, El Ratón, against the agreement of a Control Judge of Hermosillo who refused to set a time and date for the initial hearing in a criminal case against the Sinaloan.
The son of Joaquin “El Chapo” Guzman, former leader of the Sinaloa Cartel, claimed that, despite being imprisoned in the maximum security prison “Altiplano”, he has not been served with an arrest warrant issued in criminal case 15/2023 for crimes against health.
Despite this, through his lawyers, Ovidio Guzmán demanded the federal judge in Sonora to hold the initial hearing of the case.
On May 8, 2023, the District Judge, Temporary Commissioner to the Federal Criminal Justice Center in the State of Sonora, acting as Control Judge, concluded “no basis” for the request from the leader of the criminal cell Los Menores or Los Chapitos.
Dissatisfied with the ruling, Guzmán López filed an amparo lawsuit, and the responsible authority admitted the existence of the challenged act.
Upon rendering his justified report, the judge answered that although there is an arrest warrant against the complainant, he has not been placed at his disposal, and, “as long as this does not occur, the Public Prosecutor’s Office may request the first hearing from this indictment”.
The amparo judge legally agreed with the judge of the case, since article 145, first and second paragraphs of the National Code of Criminal Procedures establishes that the exercise of the criminal action corresponds exclusively to the agent of the Public Prosecutor’s Office. Therefore, the judicial authority is in a position to set a date and time for the initial hearing when requested by the prosecution.
“The decision of the responsible authority did not violate the right of access to justice. Once the initial hearing is held, Ovidio Guzmán López will have the opportunity to know the terms of the accusation against him”, highlights the resolution that denies the amparo.
And it adds that El Ratón will also have access to the content of evidence contained in the investigation file “. And thus be able to implement the defense strategy that best favors his interests. As well as to make the petitions that are convenient to his right”.
Ovidio Guzmán López, brother of alleged drug traffickers Iván Archivaldo, Jesús Alfredo and Joaquín Guzmán, was arrested by the Mexican Armed Forces in the early morning of January 5, 2023, in the Jesús María township, municipality of Culiacán, Sinaloa.