Mexico's Attorney General's Office to pursue charges in ABC Nursery fire case after Supreme Court ruling

Mexico's Attorney General's Office (FGR) will pursue criminal charges against two former Mexican Social Security Institute (IMSS) officials imprisoned in connection with the deadly ABC Nursery fire in Hermosillo, Sonora. The Supreme Court of Justice of the Nation (SCJN) recently ruled that the crimes associated with the case, deemed serious human rights violations, are not subject to expiration.

The FGR stated that this ruling reinforces the protection of access to justice for vulnerable groups, particularly the children affected by the tragedy. The individuals facing charges are Sergio Antonio Salazar Salazar, former director of Economic and Social Benefits at IMSS, and Carla Rochín Nieto, former national coordinator of IMSS nurseries. They were indicted in November 2020 for culpable homicide and culpable injury by omission.

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The decision adopted by the highest court in the country implies continuing legal actions against Sergio Antonio Salazar Salazar, former director of Economic and Social Benefits of the IMSS, and Carla Rochín Nieto, former National Coordinator of Nurseries of the Mexican Social Security Institute, linked to the process in November 2020 for the crimes of culpable homicide and culpable injuries, in the modality of commission by omission.

Salazar Salazar had sought legal protection, arguing that the criminal action against him had expired and that general prescription rules should apply. However, a District Court denied his request, and his subsequent appeal reached the SCJN. The Supreme Court ultimately determined that due to the severe human rights violations involved in the June 2009 fire, the statute of limitations should not apply. The court emphasized the importance of pursuing truth and justice, combating impunity, and preventing the recurrence of such events.

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In the crimes associated with the fire at the ABC Nursery, registered in June 2009, by constituting serious violations of human rights, the prescription of the corresponding criminal action is not applicable, as the right to truth and justice must be prioritized, the need to combat impunity, as well as avoiding the repetition of facts and the forgetting of crimes without the intentional or culpable nature of the action or omission being legally relevant.