Justice Takes an Unexpected Rudder
It seems that the plot twist that no one expected in the Mexican judicial soap opera has just arrived. A federal court, in a move that has left more than one with their mouths open, has ordered a judge to reconsider whether Blanca Alicia Bernal Castilla, the former prosecutor of the Anti-Kidnapping Unit of the then PGR (now FGR), should change her comfortable living room for a cold cell. Yes, we talked about going back to prison. The magistrate is being prosecuted on provisional release for that small detail of allegedly twisting the arm of the investigation of the Ayotzinapa case, because what could go wrong by diverting the investigation into the crime that shocked an entire nation?
A Benefit Granted in Airplane Mode
The Second Collegiate Court of Appeal in Criminal Matters, that is, the bosses of the bosses in this matter of appeals, has just released a verdict that is the judicial equivalent of a “hold my beer.” They determined that the resolution that last year allowed Bernal Castilla to leave the prison and wear an elegant electronic bracelet (the new prison must-have) was dictated in a hearing where a small detail was omitted: debate whether it was a good idea to give him that benefit. Basically, they skipped the protocol as if it were the terms and conditions of an app that no one reads.
Imagine the scene: a crucial decision, a freedom that affects a high-impact investigation, and everything is resolved in a hearing where the issue was not even put on the table for discussion. It’s like approving a constitutional reform in a neighborhood meeting while everyone talks about the latest Netflix series. The court, rightly, said “this cannot remain this way” and returned the case so that things can be done as God intended: with debate, with arguments and, we suppose, with coffee included.
The Ayotzinapa Case: The Wound That Doesn’t Close
For those who lived under a rock in 2014, the Ayotzinapa case refers to the forced disappearance of 43 students from the Raúl Isidro Burgos Rural Normal School in Ayotzinapa, in Guerrero. An event that not only uncovered the rot in the system, but also became a symbol of impunity and violence in Mexico. That a former prosecutor in charge of the investigation against organized crime is accused of diverting the investigations is, as they would say in networks, hair-pulling. Or to light the torches and go out into the street.
Bernal Castilla is not just anyone: she was the prosecutor specialized in kidnappings, just the figure who should have risen to the occasion. Instead, he faces accusations that he manipulated the investigation to protect the powerful instead of seeking out victims. His freedom on bail with electronic monitoring was always controversial, seen by many as a privilege of justice for those higher up the judicial food chain.
Now, with this legal setback, everything could change. The judge will have to review whether the arguments to keep her out of prison are solid or if, on the contrary, it was a poorly given free pass. The court did not say that Bernal is guilty (a trial will decide that), but it did send a clear message: appearances matter, and processes must be transparent. Especially in a case that has been a bucket of cold water for public faith in institutions.
Meanwhile, the former prosecutor continues to enjoy her freedom, although with a little more suspense. Your lawyer is surely already preparing the next legal move because in this game of judicial chess, every piece counts. And society, attentive, continues to wonder if in the end justice will come to everyone or only to those who can afford a good defense attorney.
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