Breathe
By Yohali Resendiz
In November 2019, Monica Peyro 's daughters were abducted and the father, after criminal proceedings, was convicted and the Second Family Court of Durango ordered the restitution of the girls to their mother.
However, the children were again abducted by their father's family.
The father's lawyers contacted the mother's lawyers to propose an agreement using the girls as a bargaining chip; this agreement was accepted by Monica Peyro in her urgency to get them back.
Being with them, he discovered what he never imagined.
The symptomatology, manifestations of her daughters, forced her to take them to psychological experts and the forensic doctor's finding was that they were being sexually abused, the girls pointing out the father as their sexual aggressor.
Mónica Peyro informed the judge, who, following the mother's request, ordered urgent measures consisting of the suspension of custody and cohabitation with the sexual aggressor.
Then, he ordered a psychological evaluation for the girls in CECOFAM (Centro de Convivencia Familiar), in which the specialists pointed out Monica Peyro as a risk and the father as a suitable person, and recommended therapy for the girls. At the same time, due to the influence enjoyed by the child sex offender, Mauricio "N" because of the political and economic relations he had with the then Governor José Rosas Aispuro, the maternal grandfather felt the need to expose the case to the Federal Government who, among many things, recommended through the National System for the Integral Protection of Children and teenagers, SPINNA Federal that the girls receive psychological care at the Association for the Integral Development of Raped Persons (ADIVAC). This happened. When ADIVAC submitted reports to the court evidencing all the violence suffered at the hands of the paternal family, exposing the parent, the judge ordered Monica Peyro to stop taking the girls to ADIVAC and ordered ADIVAC itself to stop attending the girls.
The judge obeys his client Mauricio "N" and on November 25, 2021, Judge Luis Mario Hernandez Vargas orders ADIVAC to refrain from guaranteeing the right to emotional health of Monica Peyro's daughters.
ADIVAC then takes amparo and wins the amparo. The sexual aggressor responds. Monica Peyro does the same, requesting at that moment the attraction of the Supreme Court of Justice of the Nation.
The Chief Justice of the Supreme Court of Justice, Arturo Zaldívar Lelo de Larrea , endorsed the appeal and developed the appeal project 750/2022, unanimously voted by the First Chamber of the Supreme Court of Justice of the Nation on May 24, 2023. On August 14, 2023, the Presiding Justice of the Supreme Court of Justice of the Nation, Norma Piña, decides to register the appeal for review with the file number 668/2023.
And, after the departure of then Minister Zaldívar, Minister Loretta Ortiz took charge on November 21, 2024, and it is Minister Loretta who, with three votes in favor and one against, on October 23, 2024, protects and protects the daughters of Mónica Peyro.
En la Sentencia, en la página 55, se lee: <<La justicia de la Unión ampara y protege a (las niñas) por conducto de su progenitora, respecto del acto reclamado consistente en el acuerdo del veinticinco de noviembre de dos mil veintiuno en los autos del juicio de amparo 138/2022, para los efectos precisados en el último apartado de esta ejecutoria>> el último apartado deja insubsistente el mencionado acuerdo que prohíbe las terapias de ADIVAC para las niñas y ordena al juez “Dicte una nueva determinación en la que habiéndose allegado de la opinión especializada en los términos precisados en la sentencia constitucional, tomando en cuenta las manifestaciones que al respecto han formulado el padre y la madre, así como las evaluaciones psicológicas y todas las constancias y elementos que YA obren en autos, además de las opiniones que al respecto presenten tanto la tutriz como la representante especial, y respetando CABALMENTE el derecho de la participación en el juicio de las niñas, resuelva de manera fundada y motivada sobre el tipo de proceso terapéutico que deberán llevar cada una de las niñas en lo individual.
It is understood that the determination should be based on the best interests of the minors, specifically what is in the best interest of each of the girls, with a focus on their emotional well-being and the protection of their mental health to the greatest extent possible.
In February of this year, the judgment was received by the Second Family Court of Durango to be executed. The current judge, Jesús Julián Rodríguez Cabral, supported by the secretaries Mónica Cerrillo and Fátima del Socorro Adama, not only did not execute the sentence, but also overreached, incurring in an unprecedented revictimization and institutional violence against Mónica Peyro's daughters and Mónica herself, and setting a serious precedent in Durango.
In the agreement of February 11 of the 'executory' sentence, the Court gives primacy to the rapist, giving weight to the agreement that the Court renders null and void; again denies the enjoyment of the right to emotional health to the girls, warning Monica Peyro and then ordering SIPINNA to obtain her specialized opinion, clarifying that the emotional damage to the girls may be due to the judicial dispute over custody and custody and not due to the sexual crimes suffered by the girls, thus minimizing the sexual violence of which they were victims at the hands of their father, crimes that the Court specifies in paragraph 113 are the origin or the reasons for which the girls begin their therapeutic process; and the incorrect application of article 12 of the Convention on the Rights of the Child conditions the right of Mónica Peyro's daughters to express their opinions, which the Court protected and emphasized in its judgment.
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