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 News Around the Republic of Mexico | March 2008 
UPDATE: No Decision on Canadian in Mexican Jail
 Charles Rusnell - edmontonjournal.com
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Edmonton - Mexican authorities have again reneged on a promise to issue a ruling in the case of an Ontario woman who has been imprisoned for two years without trial.
The Mexican foreign affairs department had told lawyers for 51-year-old Brenda Martin of Trenton, Ont., that a decision would be rendered today on an application to have all the charges against her thrown out because her legal and human rights were breached.
But Mexican embassy officials in Ottawa say no decision will be made today and they have no idea when it might be issued.
"We can't tell our courts what to do," embassy spokesman Rodolfo Diaz said today. He said an earlier report in which he stated that Mexican federal law required a decision today was a "misunderstanding."
But an e-mail obtained by he Edmonton Journal shows Mexicans foreign minister Patricia Espinosa promised Canada's secretary of state for consular affairs, Helena Guergis, that a decision on Martin's case would be made today. The email, from a member of Guergis's staff to Martin's lawyer, Guillermo Cruz Rico of Toronto, was sent on Feb. 22.
"Have you heard anything from your contacts about the possible decision for the amparo (constitutional challenge)? We are rapidly approaching the two month deadline i.e. March 7, 2008 noted in the letter from Secretary Espinosa to Secretary of State Guergis," the email states.
Martin's supporters and Liberal consular affairs critic Dan McTeague have repeatedly called on Guergis to issue a formal diplomatic note to Mexico demanding the release of Martin because of the violations of her rights.
In an interview with Global National today, Guergis said a number of diplomatic notes had already been sent to Mexico.
"I'm on my way right now back to my office and I will be meeting with the ambassador, the Mexican ambassador, to have a conversation and have myself be updated as well as to what's going on and the status of it," Guergis said.
"If required, I'm prepared to go back to Mexico again and to put more pressure on to ensure that we can have a more timely judgement in this"
Prison authorities in Guadalajara placed Martin on suicide watch earlier this week. Physically feeble and mentally exhausted, Martin has threatened to kill herself if no judgment was made toay. In calls to the Edmonton Journal this week, Martin sobbed incoherently and pleaded to be released.
Martin was extremely distraught today, barely able to speak through her sobs. She repeated her earlier threats to kill herself and expressed frustration that the Canadian government seems unwilling, or unable, to help gain her freedom.
Martin was employed as a chef for a former Albertan, Alyn Richard Waage, in Puerto Vallarta for 10 months in 2001. Waage was operating an Internet fraud scheme at the time, though he pretended to be an investor. He was eventually arrested and is serving a 10-year sentence in an American jail. Five years after Waage's arrest, Martin was charged with money laundering and being part of a criminal conspiracy. Although Waage has provided a sworn affidavit stating Martin had no involvement or knowledge of his operations, she has remained in jail since Feb. 17, 2006.
Martin's lawyer, Guillermo Cruz Rico of Toronto, has said there is no evidence in the investigative file to support the charges against Martin. He also found she had not been provided with an interpreter either by police or the courts, which he says is a breach of both Mexican and international law.
On Jan. 7, Cruz filed an application in a Mexican court to have all charges against Martin dismissed because of the violation of her basic rights. Under pressure from the Canadian and Mexican governments, the judge in the case promised to issue a ruling within 60 days.
Martin's childhood friend Deb Tieleman, a businesswoman from Waterloo, Ont., said she spoke with the Mexican ambassador to Canada, Emilio Goicoechea Luna, earlier today, and he is as frustrated as anyone that the courts in Mexico will not expedite Martin's case.
"He said there will be no decision today and he said they have no idea when a decision will come down," Tieleman said. "He said there is a federal prosecutor who refuses to let go of the case."
"If that is the case, Canada needs to issue a diplomatic note with the strongest possible language so that the case is taken away from the courts and is decided diplomatically by the two governments," Tieleman said.
"I can't believe that foreign affairs wasn't following up with Mexico based on the letter from their foreign minister to ensure a ruling would be issued today. I have been told that the courts in Mexico are closed today so there is no way a ruling could have been issued today."
"So Guergis dropped the ball again and Brenda is the one who is has to continue to suffer in prison."
crusnell(at)thejournal.canwest.com |
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