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The Embassy of Mexico in Canada releases last Thrusday March 20th a Brenda Martin´s case summary:
Press Release
Ottawa,ON. March 20th, 2008
Brenda Kim Martin´s case summary
Brenda Kim Martin is detained, pursuant to the order of the competent Mexican Federal court, in the Federal Prison of Puente Grande in Jalisco, Mexico, as part of a large international cybernetic fraud case in which citizens of different countries — including Canada — were victims.
In Mexico, like in Canada, the powers of the State are distributed among different branches, so that the Executive Branch cannot interfere with the Judicial Branch. The case of Ms. Martin remains within the jurisdiction of the Mexican Judiciary. Relevant international human rights treaties are part of the Law of the Land in Mexico.
In full compliance with international law and treaties, she has received access to Consular assistance from the Canadian authorities since the beginning of her case. Additionally, she has received medical and psychological attention within the framework of the so-called “Consular Cases Early Response Group” established between the governments of Canada and Mexico.
Exercising her legal rights, Brenda Kim Martin has chosen to change legal teams for her defense on several occasions. Consequently, she has been successively represented by different legal teams — a decision taken by Ms. Martin that has significantly contributed to the delay in her trial.
Moreover, under the advise of her attorneys she has chosen to use legal remedies aimed at procedural and Constitutional control that have further extended the proceedings. Her recent Constitutional challenge was denied on March 7th, 2008. It is regrettable that inaccurate statements created the false expectation that the resolution of the Constitutional challenge in question would be tantamount to the end of the trial, when it only meant the end of a higher court constitutional control so that the trial could resume. This Constitutional challenge, in other words, resulted in a provisional suspension of the trial.
It falls within the jurisdiction of the trial court to pronounce a verdict determining whether Ms. Martin is guilty or not. Without prejudging the outcome of the trial and with due respect to the presumption of innocence principle recognized by the Mexican Constitution and by Mexican case law, it should be noted that a Treaty on Execution of Penal Sentences is currently in place between Mexico and Canada allowing, where appropriate, the transfer of convicted persons.
The Government of Mexico reiterates once more its commitment towards the solution of Ms. Martin’s case within the applicable legal framework.
For more informacion, please contact:
Press Department
phone: (613) 233 8988 x.2230
seccionprensa@embamexcan.com
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