Mexican Standoff

Posted By: Daryl

Mexican Standoff - 02/17/08 04:11 AM

I watched the following program on W-Five on the CTV (Canadian Television Network) which bothered me so much that I decided to post the text of it here from their website:

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080214/wfive_martin_080214/20080216?hub=WFive

Mexican Standoff
Updated Sat. Feb. 16 2008 7:13 PM ET

W-FIVE

Guadalajara. Mexico's city of churches. A wonder of colonial architecture and a must see for tourists. But for Canadian Brenda Martin, it's a personal hell. She's spent two years in jail here without ever having been convicted of a crime. There's little evidence to suggest she's guilty. Yet her pleas have been virtually ignored by Canadian officials.

W-FIVE negotiated with Mexican authorities and was able to obtain an exclusive on-camera interview in the prison where Brenda is being held.

Moving to Puerto Vallarta in 1999, Brenda says she was very happy hanging out at the beach, picking up odd jobs to survive. Then she got her perfect job offer, a chance to cook for a fabulously wealthy Canadian by the name of Alyn Waage.

Originally from Edmonton, Waage told Brenda that he had an investment business and needed Brenda to cook for the staff. For 10 months life was simple. But drinking too much and a fast temper, eventually led Brenda to be fired. She says she was given a severance package of $26,000, the equivalent of one year's pay.

Then opening her own catering business, life in paradise was still on track. That is, until she heard a rumor that Waage had been arrested and was accused of running one of the biggest Internet pyramid schemes in history. Using a company called TriWest Investments, he bilked clients in the United States and Canada for more than $60 million. Waage was arrested in Mexico, tried in the U.S. and sentenced to 10 years in prison.

Brenda thought nothing more of it until she was taken in by a sting operation in February of 2006 and brought to the prison in Guadalajara. The Mexican authorities thought the money Brenda had been given as a severance package was in fact money she'd been given to launder. With only a smattering of Spanish, Brenda had difficulty understanding the charges against her.

During the next 22 months, Brenda reports she has been living in a three-metre by four-metre cell with 11 other women, some of whom are convicted murderers and drug dealers. This is in direct contravention of international human rights treaties to which both Canada and Mexico have agreed to.


Despite numerous pleas to Foreign Affairs by Brenda, friends like Debra Tieleman and family members, there has only been the minimum of contact with Canadian officials.

The only glimmer of hope was a sworn affidavit by Alyn Waage saying that Brenda had nothing to do with TriWest. But even though this evidence was admitted into a Mexican court it has had little or no impact, because according to Brenda, she has had a series of ineffective or incompetent lawyers.

Desperately in need of some solid legal advice, Brenda's childhood friend, Tieleman, did some research and found the name of Guillermo Cruz Rico. Cruz is a high-powered Mexican lawyer living in Canada. Visiting Brenda in Guadalajara, Cruz realized there was only one shot left to get Brenda out of prison. He filed a constitutional challenge called an Amparo.

The case was simple. Brenda's rights to a timely trial and humane living conditions had been so violated that the charges should be dropped. In addition, without translators, Brenda never understood the case against her. The Amparo seemed to spark an interest in Canadian authorities. Out of the blue, the Canadian Consulate in Guadalajara called Brenda. But Brenda was outraged at the length of time they had taken to respond to her plight and told them so.

Surprisingly, a recent ally of Brenda's is the Mexican Ambassador to Canada, Emilio Giococchea. Not only has he met with Tieleman, but he's also visited Brenda in jail and intervened with Mexico's Attorney General. Brenda feels this is more than Canadian officials have done for her.

W-FIVE wanted to ask the minister responsible for consular services, Helena Guergis, about Brenda's case. But she repeatedly declined requests for an interview. So our producer tried to talk with her at a public appearance. Guergis did not want to talk prior to the announcement about a children's sports program, so we tried to negotiate with her press secretary. But to no avail. The Minister didn't speak with us and she didn't even make her announcement.

Guergis did rise in the House of Commons recently to insist she has been pressuring the Mexicans to act on Brenda's behalf.


And just hours before our broadcast W-FIVE received a letter from the Minister. In it she states consular officials have been helping Brenda.


But when reached in jail, Brenda denied the claims made by Guergis that consular officials in Mexico had phoned her or visited her more than 75 times. Reacting to those claims, Brenda said, "I just can't believe that...Helena Guergis has the gall to say what she's said in that letter."


Two years after her arrest, Brenda Martin remains in jail and still has not been convicted of any crime.
Posted By: crater

Re: Mexican Standoff - 02/26/08 10:04 PM

Mexico isn't on my list of places that I would like to visit. I have heard very negative reports of the justice system. I believe bribes is how I have heard that it works.
Posted By: Rosangela

Re: Mexican Standoff - 02/26/08 10:24 PM

But Crater, you are blaming the Mexican justice system when the main fault here was on the part of the Canadian authorities.
Posted By: vastergotland

Re: Mexican Standoff - 02/27/08 12:00 AM

Maybe Canada is also not on craters "like to visit" list? ;\) :P
Posted By: Daryl

Re: Mexican Standoff - 02/27/08 02:55 AM

I am disappointed on Canada's lack of response to this.
Posted By: crater

Re: Mexican Standoff - 02/27/08 11:10 AM

 Originally Posted By: Rosangela
But Crater, you are blaming the Mexican justice system when the main fault here was on the part of the Canadian authorities.

Sorry Rosangela, I wasn't aware of pointing any blame in this statement. "Mexico isn't on my list of places that I would like to visit. I have heard very negative reports of the justice system. I believe bribes is how I have heard that it works."

I do believe the statement to be true, having known people who have experienced the system. But I won't ask you to take my word for it.

If you enter Mexican Justice System into you search engine, you'll find plenty to confirm my statement. Here is an example.

 Quote:
The Christian Science Monitor April 06, 2004

Fox bids to reform Mexican justice

Excessive and arbitrary prison sentences are common. Lawyers groups say that Mexican jails are filled with offenders, many young and poor, serving long sentences for petty crimes, while serious criminals, especially those able to pay bribes and call on political contacts, evade lockup.

These flaws fuel public mistrust in the system. Most Mexicans view police officers and judges as more focused on negotiating bribes and protecting local bosses than fighting crime - an attitude that, according to studies by the National Autonomous University of Mexico, leaves more than 75 percent of crimes unreported (what local officials call the "black statistic").

"Our justice system grew out of a totalitarian state that depended on corruptive practices to function," says Laura Salinas, a law professor at Mexico City's Autonomous Metropolitan University. "Even the best reform will do nothing if administrators and those in power continue to lack ethics. Having said that, it's good to see Fox trying to create a legal base that we can build on."



As far as the case of the Canadian citizen in the article, I don't know who's is at fault.

IMO there are at least three entities that perhaps have some responsibility. The person imprisoned, I only know the story as she has given it. This is a person who has chosen to live outside her "homeland" for at least close to ten years. How much has she left out? I don't know.

The Mexican Justice System, that is IMP on record for it's corruption.

The Canadian Government, according to the article hasn't done much to come to the aid of this individual.

In the world as it now is, I wonder how much one can expect of ones government to come to our aid when we travel outside our own country? Perhaps that is something that needs to be considered when preparing to travel?
Posted By: crater

Re: Mexican Standoff - 02/27/08 11:27 AM

 Originally Posted By: västergötland
Maybe Canada is also not on craters "like to visit" list? ;\) :P
Well I don't have any plans to visit there soon, but as my ancestral roots are located in Lachenaie, Quebec, Canada before 1649, it is somewhere that I would have an interest in visiting.
Posted By: vastergotland

Re: Mexican Standoff - 02/27/08 12:51 PM

The Swedish foreign ministry explicitly says that if any Swedish citisen managest to get oneself arrested for a crime in some country, the local embassy is not a "get out of jail" card that can be played. They may assist with translators and communications home and maybe prisoner exchange if such an agreement exists between the countries, but thats about it.
© 2024 Maritime 2nd Advent Christian Believers OnLine Forums Consisting Mainly of Both Members & Friends of the SDA (Seventh-day Adventist) Church