Alejandra Cuevas: the case that tests the fairness of justice in Mexico

Alejandra Cuevas (69 years old) is celebrating 527 days in prison in Santa Martha Acatitla on Monday. The Attorney General of the Republic, Alejandro Gertz Manero, accuses her of the death of her brother Federico, who was a romantic partner of Laura Morán (94 years old), Alejandra's mother, also accused of the same cause. There's no hard evidence against any of them. His defense and some prosecutors have dismissed the complaint against him, verifying the irregularities in the case. Even in the Supreme Court of Justice of the Nation (SCJN) they consider that the crime of which they accuse the imprisoned woman is non-existent, so this Monday they will resolve whether they order their immediate release.

In September 2015, Federico Gertz Manero, brother of the current Mexican prosecutor, died. He was 82 years old and the cause of his death was the deterioration of his health. Alejandro Gertz blamed his brother's romantic partner, who at that time was 88 years old and almost 50 years old for being with him. Alejandro accused her of homicide for omission of care. To the lawsuit he added that woman's daughters. One was Laura, mother-in-law of the governor of the State of Mexico, Alfredo del Mazo. She disappeared from the case. The other is Alejandra Cuevas Morán, arrested on October 27, 2020 while traveling with her son Gonzalo on Paseo de la Reforma.

In desperation to free their mother, their sons Ana Paula, Alonso and Gonzalo Castillo Cuevas began a kind of negotiation with the prosecutor: they handed over everything he asked for through intermediaries, such as the delivery of works of art belonging to his brother, 3.5 million pesos from a shared account of the couple and the resignation from Laura Morán to the monthly pension that Federico had left him.

But Alejandra Cuevas was not released. In February 2021, the Fourth Criminal Chamber of the Superior Court of Justice of Mexico City confirmed a formal prison order. He considered her “accessory guarantor” of Federico's health, that is, secondary responsible for his health. His mother, Laura, was the only one in charge of Federico's health. Nor can it be called a guarantor because, according to Mexican law, it was not in a position to be taken as such.

“The death cannot be attributed to Mrs. (Alejandra), because there is no express provision in the applicable regulations whereby a person can acquire the status of 'accessory' guarantor in the duty of care required of another person,” the Court considers in the bill that ministers discuss this Monday and which seeks to grant him a plain and plain protection to the 69-year-old woman, as well as her immediate release.

Then, in mid-September, the Fifth District Judge of Amparo in Criminal Matters in Mexico City granted an amparo that rescinded the arrest warrants against Alejandra Cuevas and Laura Morán. The Attorney General's Office (FGR), led by Alejandro Gertz Manero, then challenged the amparo.

Then three magistrates of the First Collegiate Criminal Court of the First Circuit of Mexico City were going to decide whether the appeal proceeded or not. For practical purposes, there was a high possibility that Alejandra Cuevas would then regain her freedom... until, in an unexpected turn, the Mexican Court attracted the case last November by order of the Mexican prosecutor. The presiding minister, Arturo Zaldívar, argued that they decided to do so because, while the case was being decided in the courts, there was a danger of influences that did not give room to impartiality of justice.

Minister Alberto Pérez Dayán was in charge of preparing the draft for discussion in plenary, which took place on March 15. His proposal was inclined to return the case to capital courts. But all the other ministers voted against it, considering that the case should be thoroughly studied. Even five spoke out for freeing Alejandra Cuevas at that time, but there was one vote missing for that to be a reality.

When thoroughly studied, a new project was necessary. This time I am in charge of Minister Alfredo Gutiérrez. In his proposal, which is being discussed on March 28, the prosecutor of justice ruled for granting the locked woman plain and plain protection and ordering her immediate release, stressing that the crime of which she is accused does not even exist.

“This Full Court considers this reasoning to be well-founded and sufficient to grant it amparo in a smooth and plain manner (...) the responsible criminal division ignored the principle of legality, in its aspect of exact application of criminal law, because it validated the existence of a guarantor status, which it called 'accessory', without is provided for in article 16 of the Criminal Code for the Federal District, now Mexico City (...) without legal support, considered that it was up to the complainant to prevent the death of the now deceased,” says part of the document.

Thus, in the same Court they have even abandoned the existence of the crime of which Alejandra Cuevas is accused, who is on Monday, March 28, one step away from regaining her freedom, in a case that has put the impartiality of the Mexican justice system to the utmost test.

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