September 3, 2015, Mexico City
The Ministry of Foreign Affairs (SRE) informs that the Government of Mexico filed an Amicus curiae brief before the U.S. Supreme Court, in support of the petition for a writ of certiorari filed by 16-year-old Sergio Adrian Hernandez Güereca’s family, requesting that the highest court in the U.S. review the decision of a federal appeals court denying them the right to sue for damages based on the lack of jurisdiction of U.S. courts in the case. In 2010, minor Hernandez Güereca was shot and killed in Ciudad Juarez, Chihuahua, only a few feet away from the Mexico –United States border, by a Border Patrol agent standing on U.S. soil.
In its brief, Mexico reiterates its duty to safeguard the rights of its nationals, especially in those cases in which their fundamental rights have been violated. Mexico’s document also underscores the obligations set forth in human rights treaties voluntarily accepted by the United States, such as the obligation to ensure the rights to an effective remedy and to due compensation when human rights are violated by national authorities.
The Government of Mexico has expressed to the U.S. Government its profound concern for the use of disproportionate force by immigration control agents. In this regard, Mexico has worked in bilateral fora to prevent incidents of violence at the border. Moreover, at the time of the incident, Mexico called for an impartial and thorough investigation into the minor’s death in order to bring the alleged perpetrator to justice. Mexico also took the necessary measures to attempt to have the alleged perpetrator prosecuted by Mexican authorities.
The Ministry of Foreign Affairs, through its Embassy and the Consulate General of Mexico in El Paso, will continue assisting the family of minor Hernandez Güereca within the framework of U.S. and international laws in order to ensure that their right to an effective remedy be observed and they are compensated for damages arising from the unjustified use of force in this case.