On January 13, federal judge Gregorio Salazar Hernández decided to dismiss the criminal proceedings in favor of five of the 31 scientists investigated by the Attorney General’s Office (FGR) for organized crime, money laundering and corruption crimes. One of them is the astrophysicist José Franco, who after 16 months of trial, like his colleagues, received an acquittal.
After the decision, the Public Prosecutor’s Office can no longer investigate and accuse them of the same facts, and even less can the Judiciary bring criminal proceedings against them or convict them.
Dr. José Franco served as general coordinator of the AC Scientific and Technological Advisory Forum (FCCyT) in the period from 2014 to 2018, an exercise for which he was designated by the Conacyt and investigated by the FGR.
In conversation with El Economista, he narrates: “It was a long process, which had to be carried out individually, each of us had to hire lawyers and we have been trying to close the file ever since we found out.” He says that when they received the folder in October 2020, they realized that there was no element in it that indicated that charges could be brought against him, so from that moment he began his defense.
“There was no way to question the good repute of the 31 people indicated, much less that they acted in a coordinated manner as proposed, nor that the resources that were used were of illegal origin.”
These indications were for various researchers, officials and administrative staff, who collaborated both in the National Council of Science and Technology, and in the FCCyT.
Dr. Franco explains that the Consultative Forum is defined in the Science and Technology Law of 2002, which is still in force to this day. This space is an advisory body on science, technology and innovation (CTI) for the federal government and for Conacyt itself. “It is an autonomous advisory body, that is, it cannot depend in any way on Conacyt except that the Law itself establishes that for the operation of the Forum, that the Council will provide the necessary resources for this operation.”
He ensures that the legislation is completely clear and there is not a single element that indicates that the resources were of illegal origin or that they acted outside the Law, “every year that money was received, audits were carried out, which came in duplicate.”
He explains that first one was carried out by the Consultative Forum through an external firm and which presented the results of the technical and financial part to the board of directors, and once the board of directors was aware of the technical and financial report, the The board of directors was in charge of forwarding it to Conacyt, which in turn forwarded a technical and financial audit.
Another valuable element to clarify is that Conacyt’s own internal legislation specified that the Forum, in order to receive its resources, must have the figure of a Civil Association to receive its resources. This was the case until 2020 when the Council changed its internal legislation to remove the article where this fact was established.
According to the investigator, who is free of accusations today, the entire statement made by Conacyt –because that is where the complaint came from–, is based on “assumptions that turn into lies. Unfortunately these lies were amplified by the prosecution and were taken to a point where confinement was requested. This indicates that they not only wanted to destroy our reputation but also our lives by putting us in a security jail.”
The process for the rest of the designated group continues, but Franco is convinced that this can be clarified for everyone. “We are not the first, before there were three of the investigators who received a waiver and one more with a partial waiver. This is definitely a clear element for all the others indicated, because they will be able to follow their litigation in the same way that we have done it ”.
The costs of persecution
He said that the costs, not only of this persecution, but of all the grievances suffered towards the union, are very high and negative for the country. In a personal way, Dr. Franco shares that “the mental cost”, both for him, his family, friends and his co-workers, “was very high and pitiful”. “Because all this was done with intent to destroy not only the prestige of each one of the people but to destroy life itself.” He recalled that the prestige of an academic is the most valuable element that he has and that he is questioned is to question all the work done.
Fortunately, he said, at this moment it is clear to all of society that Conacyt’s approach has been fabricated with lies and in an intentional manner. “And if we examine the impact that Conacyt’s action has had on the CTI system, it is negative, where all they have done is destroy the little infrastructure that existed, the management has taken over in the form of ‘pirates’, for example , from the Conacyt Research Centers”.
It concludes that “what Conacyt could at least do is offer a public apology, although its reaction remains to be seen”; However, he is satisfied because he also assures that the 31 researchers are very grateful for the support so supportive and unanimous from the academic community, inside and outside the country, “this has strengthened us and has kept us firm.”
nelly.toche@eleconomista.mx
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