The actress Kate del Castillo obtained an amparo against various omissions committed by the Attorney General of the Republic (FGR), an institution that must now recognize her as a victim inside an investigation folder opened after the scandal that the interpreter starred in, after it became known that she and the American actor Sean Penn interviewed -in October 2015- the drug trafficker Joaquín Guzmán Loera, known as the “Chapo” Guzman.
Augusto Octavio Mejia Ojeda, Third District Judge of Amparo in Criminal Matters of Mexico City, granted the amparo to Castillo because the Prosecutor’s Office has refused to classify him as a victim, while the sentence also orders the federal Public Ministry to complete a file of investigation that continues against various officials, and in which the extra is also included.
The ruling, a copy of which is in your possession HIGH LEVEL, details that the amparo is granted “regarding the determination of August 4, two thousand and twenty-two, which denied recognition of the status of victim to the complainant, and regarding the omission to determine the investigation folder” open -first- in the now defunct Attorney General’s Office (PGR), which continued in the FGR.
Moral and economic damages
The events for which Kate del Castillo Negrete Trillo mourns, and which are recognized in the amparo judgment granted, date back to the end of 2015 and the beginning of 2016, when the then PGR announced that it would open an investigation against the actress when the commission of several crimes was presumed, because she carried out, along with Sean Penn, an interview with “Chapo” Guzmán when the criminal was a fugitive from Mexican justice.
The meeting with the drug trafficker, who is currently serving a life sentence in the United States, took place in secret in October 2015, somewhere in the mountains between the states of Sinaloa, Durango and Chihuahua, an area known as the Golden Triangle.
At that time, “Chapo” Guzmán remained in hiding, after having escaped -in July of that year- from the maximum security prison of the Altiplano, in the State of Mexico, through a tunnel that reached his cell.
Castillo served as Sean Penn’s translator in the interview with the criminal, which allowed the actor to publish, in the January 2016 issue of the magazine Rolling Stone, the text titled: “El Chapo Speaks. A secret visit to the most wanted man in the world.
The problem with the meeting of the actors with the former leader of the Sinaloa cartel arose when the PGR, then in charge of arely gomez Gonzalez, revealed the visit of the interpreters before Penn’s interview was published, which involved divulging various personal information about the interpreter of the series The Queen of the South, which caused him, from his perspective, moral damage and the loss of economic resources.
In fact, in 2016 and 2017, the Attorney General’s Office informed the media that Kate del Castillo was not only being investigated for having maintained communication with “El Chapo” and his lawyers, but that she was also being investigated for alleged money laundering. of money (operations with resources of illicit origin).
All this situation has been faced for seven years by Kate del Castillo in various courts and tribunals, since The actress claims that she be compensated for the moral damage she suffered due to the actions of the Attorney General’s Office, institution that allegedly acted irregularly by investigating her and denying her access to the investigation documents.
federal justice protection
With the amparo ruling that Judge Augusto Octavio Mejía Ojeda now granted her, Kate del Castillo must be recognized as a victim of the anomalies incurred by the PGR, which will allow the actress to continue her legal battle against the federal government. Mexican.
The interpreter, who is the daughter of the veteran actor Eric del Castillo, maintains a claim for Patrimonial responsibility of the State in order to obtain compensation from the authorities, since he argues that the PGR, when announcing his meeting with “El Chapo” Guzmán, omitted to protect sensitive information about the actress, such as her name, identity, her commercial and financial activities, as well as the companies and brands owned by them.
The amparo that now grants her the protection of federal justice recognizes that Kate del Castillo has seen her human rights violated by not being recognized as a victim by the FGR. Specifically, it is evident that the actions of the Prosecutor’s Office have been “violation of the guarantee of legality, since it is improperly founded and motivated”, points out the ruling of the Third District Judge of Amparo in Criminal Matters of Mexico City.
Article 16 of the Constitution establishes that all authorities must base and motivate their determinations in a consistent and exhaustive manner, which the Prosecutor’s Office has not complied with by denying Kate del Castillo the status of victim.
In addition, the actress has had her fundamental right to legality violated, which orders that all acts of the authority must be adequate and sufficiently founded and motivated, which the FGR has not complied with.
MORE NEWS:
surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.