Mexico's Top Court Rules Charges in ABC Daycare Fire Case Do Not Expire

Mexico's Supreme Court of Justice (SCJN) has declared that charges stemming from the tragic ABC Daycare fire, which claimed the lives of 49 children in Hermosillo, Sonora, on June 5, 2009, are imprescriptible. This means the possibility of prosecuting those responsible will not expire with time.

The landmark decision arose from an appeal filed by Sergio Antonio Salazar Salazar, a former director of Economic and Social Benefits at the Mexican Social Security Institute (IMSS). Salazar sought to have charges of culpable homicide and negligent omission, for which he was linked to proceedings in 2020, dismissed on grounds of prescription. However, the nation's highest court rejected his claim.

In its ruling, the SCJN project, led by Justice Loretta Ortiz Ahlf, emphasized that an "imprescriptible" criminal action allows the state to investigate wrongdoing regardless of how much time has passed. This principle is crucial for clarifying events, combating impunity, and ensuring comprehensive reparations for victims. The court referenced a previous ruling that deemed the ABC Daycare fire a grave violation of individual rights.

Justice Ortiz Ahlf highlighted the applicability of a provision in the General Law on the Rights of Children and Adolescents, which prohibits declaring prescription to the detriment of children, recognizing their vulnerable status at the time of the incident. The full court supported this project, deeming the former IMSS official's arguments unfounded. The case has now been returned to a collegiate court for further proceedings based on this new legal criterion.