GOVERNMENT OF MEXICO FILES “FRIEND OF THE COURT” BRIEF IN SUPPORT OF THE CIVIL CASE OF SERGIO HERNÁNDEZ GÜERECA
The Ministry of Foreign Affairs informs that the Government of Mexico filed an Amicus curiae (Friend of the Court) brief before the U.S. Court of Appeals for the Fifth District in New Orleans, Louisiana, supporting the appeal filed by the family of Mexican minor Sergio Adrián Hernández Güereca. The legal document emphasizes the obligation of all States to legally respond for the unlawful behavior of individuals subject to their jurisdiction and the plaintiffs’ right to an effective remedy, including a judicial one, in cases involving violations of human rights.
Mexico filed its brief in support of the civil process initiated by the family of the victim seeking reparation for the death of the Mexican minor near the border in Ciudad Juarez, Chihuahua, in June 2010 after being shot by a Border Patrol agent who was standing in U.S. soil. The suit was dismissed at first instance by a Federal court in El Paso, Texas.
The Mexican government has supported the Güereca Hernandez family from the outset by offering them all the necessary legal and consular assistance within the legal framework of both countries. The filing of Mexico’s Amicus brief is an additional action in this regard. The Government of Mexico has insisted that U.S. authorities should conduct a thorough and transparent investigation of the case and punish those responsible for the death of the minor. As part of criminal proceedings initiated in Mexico, competent authorities requested the provisional arrest for extradition purposes of the agent involved which was denied by the United States.
The Ministry of Foreign Affairs, through its Embassy and its consular network in the United States, will continue to take all measures within its reach to prevent incidents of border violence and unlawful use of force against Mexican nationals.