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SCJN Rules Crimes Linked to Guardería ABC Fire Are Imprescriptible

Unanimous June ruling that the crimes are imprescriptible clears the statute‑of‑limitations barrier for prosecutors.

Overview

  • The Supreme Court of Justice of the Nation unanimously decided on June 18–19 that homicide and negligent‑injury (omission) charges tied to the 2009 Guardería ABC fire cannot prescribe, classifying the events as grave human‑rights violations against children.
  • The decision arose from amparo in revisión 648/2024 filed by former IMSS official Sergio Antonio Salazar Salazar and was based on the project presented by Minister Loretta Ortiz Ahlf.
  • The Court returned the case file to the lower federal tribunals, including the Sexto Tribunal Colegiado, removing prescription as a procedural barrier so prosecutors can resume or expand criminal investigations.
  • The ruling does not convict anyone or assign new individual guilt but preserves the possibility of investigating ex‑officials and others who may have failed in their duty to protect children.
  • The ruling builds on earlier 2026 jurisprudence on victims’ economic repair and on inter‑American human‑rights standards, and it puts renewed pressure on the FGR to explain how prosecutions and reparations will proceed for surviving families.