Playa del Carmen, Quintana Roo — A federal judge has denied an injunction to Kira Iris San, the former treasurer of Playa del Carmen, in a final ruling that forces her to continue facing an administrative liability proceeding initiated by the city council.
Judge María José Pech Sáenz, of the Fourth District Court, ruled on June 15 that San’s request for federal protection, filed on March 16, did not meet the legal requirement of definitiveness. Under Mexican law, a party must exhaust all ordinary legal remedies before seeking an amparo, or constitutional protection.
“The principle of definitiveness is one of the guiding principles of the amparo trial,” the ruling states. “As a general rule, the constitutional rights trial is only admissible after exhausting all ordinary means of defense through which the act can be modified, revoked, or nullified, except for exceptions established by law.”
The court therefore dismissed the case, ordering San to first defend herself within the administrative proceeding itself, which is being conducted by the city’s Internal Control Office.
San, who served under former Mayor Lili Campos Miranda of the National Action Party (PAN), still has other amparo cases pending and may appeal this ruling through a review process. However, the decision is a significant setback.
Legal observers note that both San and Campos Miranda could see their cases referred to the judicial system for criminal prosecution.
