SUPPORT OF THE MEXICAN GOVERNMENT FOR THE APPEAL IN THE SERGIO HERNÁNDEZ GUERECA CASE

The Foreign Ministry reports that the Mexican government filed a “Friend of the Court” (amicus curiae) brief with the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana. The amicus brief was filed in support of the appeal brought by the lawyers for the family of Sergio Adrian Hernandez Guereca, the Mexican teen who died in Ciudad Juarez, Chihuahua near the border after being shot by a Border Patrol agent in the U.S. in June 2010.

The brief emphasizes the obligation of all States to take legal responsibility for the conduct of its authorities and the right of the plaintiffs to an effective remedy, including judicial proceedings, in cases of human rights violations.

This lawsuit is part of the civil suit brought by the family, which is suing for damages. The suit was dismissed by a federal court in El Paso, Texas.The Mexican government has supported the Güereca Hernandez family from the start. They have been offered all the necessary legal and consular assistance, in compliance with the legal framework of both countries. The amicus brief filed today is a further step in this process. The Mexican government has insisted that the U.S. authorities conduct a thorough and transparent investigation of the case and punish those responsible for the death of the teen. Provisional arrest was requested for the agent in order to extradite him as part of the criminal proceedings initiated by Mexican authorities, but this was denied by the United States.

The Foreign Ministry, through its embassy and consulates in the U.S., will continue to take all measures within its power to prevent incidents of border violence and to punish the unjustified use of force against Mexican citizens.