Background on the Case and Parties Involved
Ten years after Fátima’s tragic death, the parents of the 12-year-old girl who was a victim of feminicide in the State of Mexico have finally been recognized as indirect victims and granted the right to a comprehensive reparation for damages under a gender perspective and the best interest of children.
The Crime and Legal Journey
In February 2015, Fátima was raped and murdered by two adults and a teenager as she returned home from her secondary school in Lerma, State of Mexico. Her parents, determined to seek justice, initiated a lengthy legal battle that culminated in the recent ruling by Mexico’s Supreme Court.
Supreme Court Ruling
The First Collegiate Prosecution Circuit was instructed to reassess the case following the Supreme Court of Justice of the Nation’s (SCJN) decision to overturn the previous ruling. Under the leadership of Justice Margarita Ríos Farjat, the Court recognized the parents as indirect victims based on Article 4 of the Victims General Law.
Legal Precedents and Implications
Article 4 of the Victims General Law defines indirect victims as close relatives of direct victims who have an immediate relationship with them. The SCJN ruling emphasizes that it is unjust to place the burden of proving harm on indirect victims, as it contradicts international standards that damage does not need to be proven.
The Court’s decision mandates not only the reparation for the damage caused by the feminicide but also an additional amount to ensure comprehensive reparation for indirect victims, considering both material and immaterial losses resulting from the crime.
Furthermore, the Court instructed that when re-establishing the conviction for comprehensive damage reparation, including indirect victims, the maximum penalty limit set by Article 30, third paragraph, of the State of Mexico Penal Code should not be considered. This is because it contradicts the fundamental right of victims to receive comprehensive damage reparation.
Observatorio Ciudadano Nacional del Feminicidio’s Perspective
The National Citizen Feminicide Observatory acknowledged the court’s decision as a step forward, yet reminded that numerous challenges remain in achieving true justice.
Key Questions and Answers
- What is the case about? The parents of Fátima, a 12-year-old girl who was raped and murdered in 2015, have been recognized as indirect victims of feminicide by Mexico’s Supreme Court.
- Why is this important? The ruling acknowledges the parents’ right to comprehensive reparation for damages under a gender perspective and in the best interest of children, challenging previous legal standards.
- What does the court’s decision entail? The court overturned the previous ruling, recognizing the parents as indirect victims and mandating comprehensive damage reparation, including additional amounts for material and immaterial losses.
- What is the significance of the court’s instruction regarding the penalty limit? The Court instructed that the maximum penalty limit for feminicide, as set by Article 30, third paragraph, of the State of Mexico Penal Code, should not be considered. This ensures that victims’ fundamental right to comprehensive damage reparation is upheld.
- What does the National Citizen Feminicide Observatory say about this ruling? The observatory acknowledges the court’s decision as progress but emphasizes that numerous challenges remain in achieving true justice for victims of feminicide.
