The First Room of the Supreme Court of Justice of the Nation (SCJN) concluded that the lack of operation and creation of the National Registry of the Crime of Torture (Renadet) cause prosecutors to stop diligently investigating the crime of torture.
It should be noted that the Technical Secretariat for the Combat of Torture, Cruel and Inhuman Treatment of the Federal Institute of Public Defense (IFDP) carried out a series of litigation before the federal courts, derived from cases in which elements of the Secretary of the Navy (Semar) committed acts of torture, to expose that the Office of the Attorney General of the Republic (FGR) has breached its obligation to establish and coordinate a National Registry of the Crime of Torture (Renadet) in terms of the General Law to Prevent, Investigate and Punish Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
The Ninth Collegiate Criminal Court of the First Circuit ordered the FGR establish as soon as possible the technological infrastructure necessary for the operation of the National Registry of the Crime of Torture.
The matter reached the First Chamber of the SCJN, where it was resolved by jurisprudence that it is appropriate to expand the claim for indirect protection due to the omission of creating and operating the National Registry of the Crime of Torture and, as a consequence, the lack of registration of the victim in it, when the initial lawsuit was filed against the failure of the Public Ministry to diligently investigate the crime of torture.
This criterion emanates from the resolution of a thesis contradiction in which collegiate courts held opposing positions in relation to the origin of the extension of an application for protection in the face of the aforementioned omission.
In the ruling, the First Chamber considered that the acts for which it is intended to expand the application for amparo directly affect the failure of the prosecutor to diligently investigate this crime, since the registration of the victim and, therefore, of the fact that he denounced in the Renadet, constitutes one of the first actions that the corresponding prosecutor’s offices must carry out in terms of article 35 of the General Law to Prevent, Investigate and Punish Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, when they receive a complaint of torture.
In this sense, the Chamber specified that the National Registry of the Crime of Torture, in addition to being an instrument for statistical purposes to better understand the phenomenon of torture in Mexico, also represents a fundamental investigative tool for prosecutors specialized in this matter. crime.
The foregoing, because part of the objective of creating and operating such a registry is to provide information that allows an optimal study of the circumstances of the denounced events and that the competent prosecutor’s offices carry out an in-depth analysis of contexts and systematized patterns in the commission of the crime of torture according to the places, circumstances, methods, agents involved and the way in which these factors impact on the event they are investigating.
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