The Supreme Court will examine the case in requesting freedom for the French woman sentenced to 60 years in prison for kidnapping
MEXICO CITY, March 8. – The Minister of the Supreme Court of Justice (SCJN) Arturo Zaldivar Lelo de Larrea proposes the immediate and absolute freedom of the French Florence Cassez, sentenced to 60 years in prison for kidnapping.
It will be on March 21 when the First Chamber of the country’s highest court to discuss the draft Zaldivar Lelo de Larrea is in favor of granting an injunction directly to sentencing.
Zaldivar was accused in 2009 by President Felipe Calderon to join the Supreme Court.
The Supreme Court will not discuss whether the French citizen is guilty or not guilty of plagiarism. Only refer to whether or not rights were violated during his arrest in 2005. This is the second time under the defense that Cassez stands before the Court, which was rejected in 2011.
The case provoked Cassez in 2011, the suspension of Mexican participation in the “Year of Mexico in France.” The diplomatic dispute came to the point that President Felipe Calderon demanded respect for the French Government of Nicolas Sarkozy.
Minister calls for the release of Florence Cassez
Arturo Zaldivar argued that their rights were violated notification, contact and consular assistance
The Justice of the Supreme Court’s Office (Supreme Court), Arturo Zaldivar proposed granting the injunction and orders the immediate and absolute freedom to Florence Cassez, a French citizen accused and convicted of kidnapping.
On Wednesday 21 March the First Chamber of the country’s highest court will try the case sentenced to 60 years in prison; the draft is silent on the evidence of another detainee, Israel Vallarta Cisneros.
Zaldivar Lelo de Larrea argued in his project, being foreign Cassez Crepin, he was denied his right to notice, contact and consular assistance were also violated its guarantees to be made available immediately to the prosecution and the presumption of innocence.
He said that Florence was not immediately made available to prosecutors, but was taken to Rancho Las Chinitas to participate in a “montage prepared by the authorities who arrested her.”
Argued that there is any constitutional justification for the time Cassez was retained on the property and exposed to a performance planned and orchestrated by the Federal Investigation Agency (AFI) to expose to the media as responsible for the commission three kidnappings.
“The violation of these three rights generated in case a corrupting effect throughout the criminal process and vitiated all the incriminating evidence against Cassez Florence.”
It stresses that this is a case in which the violation of fundamental rights to consular assistance and the provision without delay caused a total helplessness Cassez Florence.
The paper notes that these violations of fundamental rights were affected in total procedure to have a devastating impact on other fundamental rights such as presumption of innocence, adequate defense.
The draft indicates that Zaldivar minister because of the “assembly” by the AFI to stop Cassez the December 8, 2005, consciously distorted reality in order to create a filter and expose a person to society and predominantly with future parts of the process as guilty of the offense.
“The installation involved the exposure of Florence Cassez pointing as responsible for a crime without a trial mediate clarification of their legal status, and a supposed recreation of events that never happened, but they certainly tried to make an impact on public opinion.”
Are analyzed in the project tests against Cassez and concludes that lack of reliability, since the testimonies of victims, and the statements of the policemen are the result of a distortion of reality caused by the AFI.
NGOs support Minister
Organizations dedicated to the promotion and defense of human rights promoted in 2010 to the Seventh Circuit Court in Criminal Matters an Amicus Curiae, which is the legal opinion offered by third parties and voluntary before a court to assist in the resolution of a process , which identifies the major inconsistencies in the case Cassez by violating their individual rights.
The resolution of the appeal filed by Cassez interest to various organizations specializing in human rights, because it has elements of their daily work.
“The minister Zaldivar project fits what we noted in the Amicus Curiae, that violations against Florence Cassez are crucial to allow freedom and primarily because it violated his right to due process basically too, as himself says minister in his project, “he said in an interview with Sergio Mendez, head of the Directorate General of the Mexican Commission for Defense and Promotion of Human Rights.
In the draft by Zaldivar minister in which he proposes to grant the injunction and order the immediate and absolute freedom of Cassez, Mendez Silva hoped the civil organizations that ministers members of the First Chamber of the Court approving the project Zaldivar.
The PGR defends penalty 60 years
The Attorney General’s Office (PGR) defended the judgment to Florence Cassez for kidnapping and although not required to rule on the draft decision of the Minister Arturo Zaldivar Lelo de Larrea which provides for the immediate release of the French precisely who was sentenced by the evidence found against him for the kidnapping of three.
In statement released near midnight yesterday, the federal agency said the accused was found guilty by the trial judge and the appellate court for committing three kidnappings, including that of a woman and a child, possession and carrying of firearms used exclusively by the army and organized crime.
“We express concern about the logic that seeks to reach the speaker to the alleged defects encountered in the process and the possible disqualification of the value of the testimony of the abductees, without documentation contained any evidence proving the alleged distortion of reality The speaker referred to the minister.”
According to the PGR, the doomed fought the appeal resolution by direct amparo, even that was denied. “Three federal courts considered that in this case the Attorney General of the Federation was able to prove the crime of serious crimes for which criminal action and determine the criminal liability of Florence Cassez,” he argued in its statement the Federal agency.
The attorney criticized the Cassez case has been taken by the Court when it was not within its jurisdiction and stated “the decision of the Appellate Court did not rule on the unconstitutionality of a law or established direct interpretation of a provision of the Constitution which also involve a criterion of importance and significance to warrant the Court’s jurisdiction, so that the resource itself is inappropriate review in accordance with the provisions of Article 107, paragraph IX of the Constitution of the United Mexican States. “
The minister of this administration
In 2009, President Felipe Calderon, who that same year said he opposed the transfer of Florence Cassez to a French prison, proposed by the Senate Arturo Zaldivar Lelo de Larrea as minister of the Supreme Court.
Arturo Zaldivar applicant is a lawyer in constitutional matters. He was a member of the Drafting Committee of the Draft New Law of Protection, established by resolution of the Plenum of the Supreme Court’s Office. He holds a PhD in Law from the Universidad Nacional Autonoma de Mexico (UNAM), the second year professor of constitutional law at the Free School of Law and a professor at the graduate level at the same institution in matters related to constitutional law.
- Mexico judge backs Cassez release (bbc.co.uk)
- Justice: Mexico should release jailed French woman (seattletimes.nwsource.com)
- Justice: Mexico Should Release Jailed French Woman (abcnews.go.com)
- Justice: Mexico should release jailed French woman (mysanantonio.com)