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The Embassy of Mexico in Ottawa released more information about the case of Brenda Martin
Press Release
Ottawa,ON. March 28th, 2008
ADDITIONAL INFORMATION ON BRENDA KIM MARTIN
Steps taken by the Mexican Government regarding the case of Brenda Kim Martin
In view of the ongoing concern of Canadian authorities and public opinion about the status of Brenda Kim Martin, the Embassy of Mexico deems it appropriate to clarify the following:
- The Mexican Ministry of Foreign Affairs and the Embassy of Mexico have been and remain in constant communication with the relevant Canadian and Mexican authorities, including the Mexican Attorney General’s Office, as well as with interested Canadian Members of Parliament, Ms. Martin’s defence attorneys and her close friend Debra Tieleman, in order to offer all possible information and to initiate every possible action with due respect for the independence of the Judiciary, as well as Mexican and international law.
- At the request of the Mexican Government, an inspector from the independent Jalisco State Human Rights Commission visited Ms. Martin in Puente Grande to ensure that she is receiving adequate treatment.
- Mexico’s Ambassador to Canada, Emilio Goicoechea, paid a visit to Ms. Martin in order to verify her state of health and imprisonment conditions.
- The Mexican Ministry of Foreign Affairs and the Embassy of Mexico took all steps to facilitate the visits to Mexico and to Mexican authorities by Secretaries of State for Foreign Affairs and Multiculturalism, the Hon. Helena Guergis and the Hon. Jason Kenney, respectively.
- The Embassy of Mexico facilitated the filming of a documentary by CTV on Ms. Martin’s case.
- The Embassy of Mexico also facilitated the visit to Mexico by the Hon. Dan McTeague, MP.
- Mexican authorities have ensured Brenda Martin’s access to Canadian consular assistance, in accordance with international law. In addition, her situation is constantly monitored by the Governments of Mexico and Canada within the framework of the Early Response Group for Consular Cases, established by mandate of President Felipe Calderón and Prime Minister Stephen Harper.
- Both Secretary Guergis’s letter and the Canadian Diplomatic note on Ms. Martin’s situation have been addressed by the Mexican Government, in addition to direct bilateral contacts on the subject at the highest levels.
It bears noting that Ms. Martin is currently being represented by two different defence lawyers of her own choice; one representing her in her Constitutional amparo procedure, Mr. Guillermo Cruz; and the second one, Mr. Marte Godínez, representing her in the criminal trial court proceedings; the two lawyers are completely unrelated to one another, and have no connection with Ms. Martin’s previous defence attorneys.
The Embassy of Mexico entered in contact on Thursday, March 27, with Ms. Martin’s trial court defence lawyer, in order to verify the current status of the criminal proceedings against her. Far from agreeing with Mr. Cruz’ assertion that the Mexican Executive would have the power to expel Ms Martin for being an “inconvenient foreigner” in just “a couple of days”, based on its contact with Mr. Godínez it is the Embassy’s understanding that Ms. Martin remains under the jurisdiction of the Judiciary and that furthermore:
- According to Mr. Godínez, Ms. Martin is charged with the “use of illegally obtained money” (“uso de dinero de procedencia ilícita”), classified as a serious crime in Mexican law, which consequently makes it impossible for the trial court to grant the benefit of bail in this case.
- The gathering of evidence in the criminal court proceedings is complete, including the international gathering of evidence on behalf of Ms. Martin, and the trial against her was consequently in the so-called “conclusions” stage when the constitutional challenge filed on her behalf by Mr. Cruz interrupted the trial court proceedings.
- Ms. Martin’s co-defendant Rebecca Roth was notified last Wednesday, March 26 of the trial court’s conclusions. Court officials were unable to notify Ms. Martin of the conclusions because the term for appealing the ruling denying the constitutional claim filed by Mr. Cruz was still pending.
- Once the aforementioned term expires, and if Mr. Cruz does not appeal the ruling on the constitutional claim, the trial court will have 10 working days to notify Ms. Martin of its conclusions. Mr. Godínez will have 10 working days to file his closing arguments and the trial court, in turn, will have a term of 30 working days to pronounce its verdict. This process should take at least several months.
- Nevertheless, if Mr. Cruz goes ahead and files an appeal against the ruling denying the constitutional claim, the trial court proceedings will remain interrupted for an unforeseeable period of time.
- As a defence lawyer, Mr. Godínez is hopeful of a non guilty verdict, an outcome which he nevertheless cannot assure. Mr. Godínez’ expectation is partly based upon certain statements of Mr. Alyn Waage, convicted of defrauding, in other words deceiving, thousands of people. It is up to the trial court to rule on the credibility and merits of the statements in question.
- Moreover, depending on the sense and scope of the verdict, it might be appealed before a higher court either by the prosecutor or by the defendant, in accordance with the Mexican Constitution and with human rights instruments.
- Once a final judicial resolution is in place, it will be possible for both governments to examine the matter in terms of all applicable provisions and instruments, and in the prevailing spirit of partnership and good faith.
The Embassy of Mexico sincerely hopes this additional information will contribute to clarifying Ms. Martin’s current legal status and her access to due process of law. At the same time, and due to the apparent lack of contact between Ms. Martin’s defence attorneys, the Embassy respectfully invites the current defence attorneys to strengthen their mutual communication with the aim of expediting the ongoing judicial proceedings inasmuch as such proceedings depend upon them. Any decision relating to the hiring or dismissing of defence attorneys in this case pertains exclusively to Ms. Martin.
For more informacion, please contact:
Press Department
phone: (613) 233 8988 x.2230
seccionprensa@embamexcan.
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