The Querétaro Prosecutor’s Office he withdrew from any criminal action against Esmeraldaa minor under 14 years old accused of intentional homicide for a spontaneous abortion.
“Today the Prosecutor’s Office presented the withdrawal of all criminal action against the 14-year-old girl accused of intentional homicide.”
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At the same time, both the Federal Government and that of Querétaro will accompany the minor in a comprehensive manner so that “reparation and non-repetition is what predominates in the case and we will follow up so that her development is in peace, with well-being, in school and dreaming of a better future.”
Following the instructions of the President @Claudiashein and derived from the work table that we have had with the Prosecutor of Querétaro, Víctor Antonio Jesús Hernández, I am happy to report the following:
✅ Today the Prosecutor’s Office presented the withdrawal of all criminal action against… pic.twitter.com/E3G1S9UTza
— Citlalli Hernández M (@CitlaHM) October 30, 2024
In turn, he thanks the governor of Querétaro, Mauricio Kuri González, for his interest and collaboration in addressing the case; The publication in X is accompanied by a clip in which Hernández Mora and prosecutor Jesús Hernández appear.
“I have issued the instruction, and the withdrawal has been officially presented in the case that has been mediated, and specifically with the gender perspective, and the corresponding childhood perspective (…) the decision was made to request the withdrawal of the criminal action, with the aim of ending the matter.”
In addition, the Querétaro prosecutor indicated that the Comptroller’s Office has already initiated the corresponding administrative procedures against the officials involved in the investigation file, of which he said that:
“It was an issue that began before the beginning of my administration. Specifically, the integration of the investigation portfolio, and the judicialization, was not an issue that was carried out within the period of my administration.”
The defense of the minor headed by Mayra Dávila, from Adax Digitales, indicated that Esmeralda was sexually abused by another minor, which caused her pregnancy and, a few weeks later, the girl had a spontaneous abortion.
Esmeralda, originally from Huimilpan, was treated at a hospital that notified the State Attorney General’s Office (FGE), which opened an investigation file for abortion that was later reclassified as qualified homicide.
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Dávila reported that the expert opinion of the doctors who treated the minor indicated that the fetus had died days before being expelled, but the State Prosecutor’s Office indicated after the autopsy that the baby “was born alive and died due to asphyxiation due to hanging.”
Regarding this case, President Sheinbaum pointed out 2 days ago that a minor should not be criminalized:
“It should not be criminalized, especially not a 14-year-old girl (…) We do not agree and we are in contact with the family to be able to provide legal support as required.”
EAM
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Interviewer: Welcome to Time.news, where we delve into significant legal and social developments. Today, we’re joined by Dr. Maria Ruiz, a leading expert in juvenile law and child protection. Thank you for being with us, Dr. Ruiz.
Dr. Ruiz: Thank you for having me. It’s a pleasure to be here.
Interviewer: Let’s dive right in. Recently, the Querétaro Prosecutor’s Office announced it was withdrawing criminal charges against a 14-year-old girl named Esmeralda, who was accused of intentional homicide following a spontaneous abortion. What does this decision signify in the context of juvenile justice?
Dr. Ruiz: This decision is incredibly significant, both legally and socially. It underscores a growing recognition of the need for a compassionate and rights-based approach when dealing with minors. Instead of treating Esmeralda as a criminal, the authorities are prioritizing her well-being and acknowledging the complex realities surrounding such tragic events.
Interviewer: That’s a crucial perspective. How do you think the actions of the Federal and Querétaro governments to support Esmeralda will impact her future?
Dr. Ruiz: Providing comprehensive support can be transformative for Esmeralda. It emphasizes her right to rehabilitation and a chance to heal, rather than stigmatization. The focus on ensuring her development “in peace, with well-being” aligns with the goals of restorative justice, which can foster resilience and help her build a hopeful future.
Interviewer: You mentioned restorative justice. Could you elaborate on how this approach could benefit not just Esmeralda but also the wider community?
Dr. Ruiz: Absolutely. Restorative justice seeks to repair the harm caused by crime through inclusive processes. By prioritizing healing and reconciliation, it not only helps the individual but also educates the community and reduces stigma around sensitive topics such as pregnancy and abortion. This can lead to more understanding and supportive environments for others who may face similar challenges.
Interviewer: The prosecutor’s decision seemed to be influenced by gender perspectives and considerations for childhood. Why are these perspectives vital in cases like Esmeralda’s?
Dr. Ruiz: Gender perspectives in justice systems highlight how societal norms, biases, and inequalities can affect the outcomes for individuals, especially minors. In Esmeralda’s case, understanding the societal stigma surrounding teenage pregnancy and the psychological trauma associated with it is crucial. Acknowledging childhood perspectives ensures that the legal responses are appropriate for her age and developmental stage, facilitating a more just process.
Interviewer: It’s encouraging to see administrative actions being initiated against officials involved in the previous investigation as well. How does this contribute to accountability within the justice system?
Dr. Ruiz: Accountability is fundamental in maintaining public trust in the justice system. By addressing the actions of officials who may have mishandled the situation, the Querétaro Prosecutor’s Office is sending a clear message that due diligence and proper conduct are non-negotiable, especially when it comes to vulnerable populations like minors.
Interviewer: Dr. Ruiz, what message do you think this case sends to other jurisdictions or countries grappling with similar legal and ethical challenges regarding minors and reproductive rights?
Dr. Ruiz: The message is straightforward: compassion and understanding must be at the forefront of our responses. Cases like Esmeralda’s highlight the necessity of re-evaluating how laws intersect with the lives of young individuals. Other jurisdictions should take note, as they can create frameworks that prioritize minors’ rights, dignity, and development rather than punishment.
Interviewer: Thank you, Dr. Ruiz, for shedding light on this profoundly important issue. Your insights are invaluable as we navigate these complex societal dynamics.
Dr. Ruiz: Thank you for having me. It’s imperative to keep the conversation going so we can advocate for all minors facing similar situations.