CNDH issues recommendation to Sonora’s CEDH for leaving victim in a state of defenselessness

The State Commission did not exhausted their investigation resources in the case of the student who was permanently dismissed from the Rural Normal School of the state.

As a result of an appeal, the National Human Rights Commission (CNDH) issued Recommendation 15/2021 to the President of the State Human Rights Commission (CEDH) of Sonora, Pedro Gabriel González Avilés, for insufficient investigation of the case of a student who requested its intervention after he was permanently dismissed for “”inappropriate conduct”” from the Primary Education course at the Rural Normal Rural School, on which it only issued an Agreement of Incompetence.

This National Body confirmed that the basis used by the Directorate of the Rural Normal School to determine the definitive dismissal of the student is not applicable, and that such act of authority was not legally analyzed by the State Commission, since it failed to apply the provisions of its Law and Internal Regulations, thus generating a state of defenselessness for the student. The Recurso de Impugnación promoted by the victim was received by this National Commission on April 8, 2020.

In its report, the State Commission pointed out that in Case File 1, the cause of incompetence was updated because it was a jurisdictional matter, justifying that the student was prosecuted for the probable commission of the crime of aggravated sexual abuse against another student of the Rural Normal School, reason for which precautionary measures were imposed on July 19, 2019, until October 28 of the same year, when the conditional suspension of the process was authorized and a plan for reparation of the damage was approved.

More information:
https://www.cndh.org.mx/sites/default/files/documentos/2021-04/REC_2021_015.pdf