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The Embassy of Mexico in Canada releases the Mexico´s respond to the diplomatic note presented by Canadian government regarding Brenda Martin´s case:
Press Release
Ottawa,ON. March 17th, 2008
Mexico responds to the diplomatic note presented by the Canadian government regarding Brenda Martin's case
Mexico has provided a response to the diplomatic note presented by the Canadian government, clearly explaining the following points:
- Both governments have maintained extensive verbal and written communication regarding Ms. Martin’s case, at the highest level.
- Ms. Martin is under trial and incarcerated in Mexico for specific charges of money laundering, classified as a serious crime by Mexican law, and therefore under these circumstances she may not be released on bail.
- Throughout these exchanges it has been possible to specify the series of actions taken by the Government of Mexico through very diverse agencies with federal and local authorities, human rights inspectors, psychologists and other organizations that have become familiar with the case. Among these efforts, it is worth highlighting measures undertaken through the Early Response Group for Consular Cases, including direct action by the Ambassador of Mexico to Canada through a visit to authorities in the State of Jalisco and to Ms. Martin herself.
- In the context of the intense bilateral dialogue arising from the case of Brenda Martin, all related measures have been carried out granting full courtesies for access in order to offer consular assistance, as well as for provision of information to the Embassy of Canada in Mexico and the Canadian Consulate in Jalisco. Likewise, interest has prevailed toward guaranteeing due process, and Ms. Martin’s state of health has been regularly verified. In this final regard, measures have been provided for constant monitoring, and these measures will be kept in place during the remainder of her judicial process.
- The Government of Mexico reiterates its interest in and commitment to seeing the case resolved through the proper legal channels, ever respectful of the autonomy and independence of the Judicial Branch of Government, which is responsible for determining Ms. Martin’s innocence or guilt as regards her actions in Mexican territory.
- The laws in Mexico grant Ms. Martin’s defence, as with any accused, the right to employ those legal mechanisms that best serve her interests. It has been noted that this past March 7, 2008 the competent judge did not rule in favour of the defence’s allegations in the Constitutional Challenge (Juicio de Amparo) filed, which itself temporarily stayed and lengthened for several months Ms. Martin’s judicial proceedings. Upon conclusion of the constitutional challenge, the original judicial proceedings will resume once the ruling becomes incontestable by all parties, in full compliance with Article 14 (3) (c) of the International Covenant on Civil and Political Rights of 1966.
- This decision by the competent judge in matters of amparo confirms the content of the letter sent by the Secretary of Foreign Affairs of Mexico to Secretary of State Helena Guergis as part of the extensive process of consultations this case has given rise to, in the sense that “only once this amparo proceeding has been resolved, the hearing for which took place this past January 7, 2008 with a ruling expected in two months’ time, will the judicial process resume, without there being an approximate term in which to expect the process to conclude”.
- The Government of Mexico will be respectful of the legal framework applicable in this case, the resolution of which will be arrived at solely in accordance with the judicial means established by national laws and with full respect for the division of powers in Mexico.
- The rights afforded Ms. Martin under Mexican law and the international legal instruments are being respected, and will continue to be respected, during the judicial proceedings in progress. The competent authorities informed Ms. Martin of her right to receive the assistance of her defence counsel, which was chosen by Ms. Martin and was present during the stages of the trial, in accordance with the law, as well as the assistance of her Consulate. Mexican authorities have facilitated this assistance during her trial and such rights will be confirmed in the continuation of the proceedings that follow.
For more informacion, please contact:
Press Department
phone: (613) 233 8988 x.2230
seccionprensa@embamexcan.com
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