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 Editorials | Issues | April 2008 
Mexican President Could Free Martin
 Charles Rusnell - Edmonton Journal
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Edmonton - The Mexican president could legally expel jailed Canadian Brenda Martin at any time, but is unlikely to do so unless Canada makes it the case a major political issue, a Mexican legal expert says.
Celia Blanco Escandon, a law professor at the Iberoamerican University in Mexico City, said president Felipe Calderon has the authority under Article 33 of the Mexican constitution to expel any foreigner for any reason.
Contrary to statements made by the Mexican embassy in Ottawa, Blanco Escandon said it does not matter that Martin still faces a criminal charge. In fact, she said it gives the president a reason to expel Martin, who has been imprisoned in Guadalajara without trial for more than two years.
But she said Calderon likely has not had that option brought to his attention.
"The president is not going to be looking into using Article 33 to expel some lady who is not a major political issue for Mexico," Blanco said in a telephone interview from Mexico City. "I mean, she is not a major drug dealer or serial assassin or something like that."
"If she has been two years in prison without resolution, then it is clear that she is not an outstanding political person where the government would say, 'OK, let's get this resolved and get her formal issue finalized and then maybe expel her.' But that hasn't happened, so I think she is one of those people who has been forgotten in the criminal justice system because of lack of funds."
Blanco is a consultant to a commission charged with reforming the Mexican judicial system. She said the system is a mess and prisoners often fall through the cracks, jailed for years without trial, their cases hopelessly mired in an inefficient and corrupt administration.
Martin's supporters and the Liberal opposition have sharply criticized Prime Minister Stephen Harper's government for not doing enough to ensure Martin's legal and human rights were respected. They point to the court record that showed consular officials never checked Martin's legal status until more than 18 months after she was imprisoned.
Martin's supporters have called on Harper to directly intervene in the case by asking Calderon to expel Martin either on humanitarian grounds (she is physically frail and mentally unstable) or because her legal rights under both Mexican and international law have been violated (she was not provided with an approved translator).
It has been reported that Harper raised Martin's case with Calderon last month but the prime minister's office refuses to confirm or deny that. His office also refuses to explain why Harper has not asked for Martin's expulsion.
Martin's lawyer, Guillermo Cruz Rico of Toronto, is in Guadalajara attempting to expedite Martin's case. He said the judge handling the case has promised a decision within two weeks but the Mexican embassy has said it could take up to four months.
Martin, a chef, is accused of helping her former employer, Alyn Waage of Edmonton, in an Internet-based investment scam. Martin has maintained her innocence.
crusnell(at)thejournal.canwest.com |
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