Arturo Zaldívar, general coordinator of policy and government in the Mexican Presidency, clarified whether the governor of Sinaloa, Rubén Rocha Moya, currently on leave, has lost his immunity.
The former Justice of the Supreme Court of Justice of the Nation (SCJN) asserted that it is “incorrect” what has been circulating about “a governor and a mayor on leave still having immunity.”
“Immunity protects the office, not the person. Someone who obtains a leave of absence no longer holds the office, therefore, can be arrested like anyone else, since they no longer enjoy procedural immunity,” he stated on social media.
He also reminded everyone that procedural immunity, incorrectly called “immunity,” is a guarantee for certain categories of public servants to prevent them from being criminally prosecuted without the Chamber of Deputies issuing a declaration of admissibility that lifts procedural immunity, as stipulated in Article 111 of the Constitution.
In contrast, the national spokesperson for the National Action Party (PAN), Jorge Triana, said that Rocha Moya retains his immunity and cannot be arrested.
He explained that the leave of absence is not equivalent to resignation nor does it terminate his term. He said that Rocha Moya did not cease to be governor; he only temporarily stepped down from the exercise of his duties.
“Therefore, until there is a declaration of admissibility, that is, removal of immunity, and a resolution from the Sinaloa Congress, he retains procedural immunity. He is untouchable.
“It’s not just me saying this. Bernardo Bátiz, a fellow party member of the former minister who defected and now advises Sheinbaum, also maintains this. He used the same reasoning to force the Chamber of Deputies to remove René Bejarano’s immunity in 2004.
“Rocha Moya’s leave of absence is a farce and serves no purpose. The criterion is supported by the Supreme Court itself: a leave of absence does not imply the loss of immunity,” Triana said.
Rubén Rocha Moya requested a temporary leave of absence from his post Friday night following an investigation by the Mexican Attorney General’s Office (FGR) into U.S. accusations against him and nine other officials for alleged ties to drug trafficking and weapons possession.
“Today I submitted to the State Congress a request for a temporary leave of absence from my position as governor, pending the investigation. I do so out of my deep republican convictions.
“I am also doing this to facilitate the work of the Mexican authorities in the aforementioned investigation,” Rocha Moya said in a video posted on social media.
He reiterated that the accusations against him are “false and malicious.” In that regard, he asserted that he has “a clear conscience” and that his “life of work” supports his claims.
“I will not allow myself to be used to harm the movement to which I belong and which has changed the lives of millions of Mexicans for the better,” he declared, referring to the National Regeneration Movement (Morena), founded by former President Andrés Manuel López Obrador.
Rocha Moya declared his innocence regarding the accusations released last Wednesday by the U.S. Attorney’s Office for the Southern District of New York, which include alleged conspiracies with leaders of the Sinaloa Cartel to import large quantities of drugs. massive drug trafficking to the U.S. in exchange for political support and bribes.
“I can look my people and my family in the eye because I have not betrayed them and I never will, and I will demonstrate this firmly when the justice system of this country requires it.”
Source: aristeguinoticias
