The Electoral Court of the Judicial Power of the Federation (TEPJF) ordered the Attorney General of the Republic (FGR) deliver to the National Electoral Institute (OTHER) information corresponding to four investigation folders under his charge, for the case odebrecht Y OHL.
In 2017, the FART Y Brunette filed various complaints with the OTHER, in which they alleged a probable contribution of a prohibited entity in favor of the campaign of the then candidate for the Presidency of the Republic, Enrique Pena Nieto. The subjects denounced were the parties PRI, PVEM, the former director of Petróleos Mexicanos (Pemex), Emilio Ricardo Lozoya Austin, as well as the legal entities Odebrecht and OHL.
The Technical Inspection Unit of the INE requested in April 2021 to the FGR information and copies regarding various investigation folders related to the issue denounced by PRD and Morena, for which the Prosecutor’s Office denied the required information and documentation, due to the reserved nature of those folders, since it considered that it is obliged to safeguard secrecy of investigations.
Against this determination, the Executive Secretary of the INE, Edmundo Jacobo, presented an electoral lawsuit before the Superior Chamber of the Court.
This Wednesday, at the proposal of the presiding magistrate of the TEPJF, Reyes Rodríguez Mondragón, the plenary session of the Court declared the claim of the OTHER since the ministerial secrecy is not opposable to the control power of the Electoral Institute.
The previous determination was based on the fact that the Public Ministry must take into account that both the General Law of Electoral Institutions and Processes, as well as the National Code of Criminal Procedure, indicate that the federal authorities, such as the FGR, they must collaborate with the electoral authorities in the exercise of their constitutional powers, such as that of oversight.
Unanimously, the magistrates pointed out that the fact that the FGR granted information, does not imply that it ceases to be reserved or confidential, since the OTHER You have the duty to keep it protected and to use it exclusively for strictly necessary purposes.
Therefore, the plenary declared well-founded the arguments of the OTHER, and linked to the FGR to deliver to OTHER the requested documentation and information, so that the Electoral Institute can comply with its constitutional oversight powers.
On this point there was no discussion by the magistrates, who only approved the agreement unanimously.