Florence Cassez / Mexican justice system
Jul 25, 2010 20:43:45 GMT
Post by bixaorellana on Jul 25, 2010 20:43:45 GMT
Split from: Oaxaca+festival
I don't know that the French press has any hidden agenda in report the drug business-related violence in Mexico. It's in all the news here and in the US as well.
But about Florence Cassez, a case I have to admit I'd totally forgotten ..................
First, the Wikipedia article for those who wish to know more:
en.wikipedia.org/wiki/Florence_Cassez
And there is a Mexican site in support of her:
www.florence-inocente.com/
In order to start this thread, I just googled the phrase "mexican miscarriages of justice". The very first hit is about Cassez, dated three days ago.
The first sentence reads: Mexican authorities confirmed Wednesday that an investigation is underway against federal agents who arrested French national Florence Cassez in Mexico on kidnapping charges in 2005.
That's good, isn't it? But read the very next sentence in the article:
This investigation, [highlight=Yellow]launched in August 2006[/highlight], could shed light on the circumstances of Cassez’s arrest and possibly reveal long-suspected misconduct by federal agents from Mexico’s Federal Investigation Agency highlight mine
Right there you have one glaring example of the how justice works in this country. Four years later, and they're still "investigating"?
I have my doubts and paranoia about justice in the US, of course, but that right to a speedy trial thing is crucial to a working justice system.
Not to descend into anecdotal evidence, but here is one example of which I have direct knowledge --
One of the teachers swooped up during the protests here in Oaxaca in 2006 was finally tried a few months ago. He was sentenced to 18 months in jail. He'd already been in jail for over 2 1/2 years.
And he was one of the "lucky" ones, since he was incarcerated in Oaxaca, where his family at least could easily bring him food and other comforts, something in very short supply in Mexican jails.
Another case in which I knew the accused was one in which a high official wanted land seized, so trumped up charges. The accused were Americans, and even a visit from the US ambassador to Mexico did nothing to speed justice.
Coming from a country with a jury system and knowing that even that is not insurance against injustice, I find the shadowy judge system of Mexico terrifying.
In most instances, arrests can be made only on authority of a judicial warrant, with the exception of suspects caught in the act of committing crimes. Suspects often are arrested without warrants, but judges tend to overlook this irregularity. Those arrested are required to be brought before an officer of the court as soon as possible, generally within forty-eight hours (ninety-six hours when organized crime is alleged), whereupon their statements are taken and they are informed of the charges against them. Within seventy-two hours of arraignment, the judge must remand the arrested person to prison or release him or her.
Criminal trials in nearly all cases are tried by a judge without a jury. The judge acting alone bases his or her verdict on written statements, depositions, and expert opinion, although in some instances oral testimony is presented. Defendants have access to counsel, and those unable to afford legal fees can be assigned public defenders. The quality of pro bono counsel is often inferior. The accused and his or her lawyer do not always meet before trial, and the lawyer may not appear at the important sentencing stage. The right to a public trial is guaranteed, as is the right to confront one's accusers and to be provided with a translator if the accused's native language is not Spanish. Under the constitution, the court must hand down a sentence within four months of arrest for crimes carrying a maximum sentence of two years or less, and within one year for crimes with longer sentences.
The entire process--the time for a trial, sentencing, and appeals--often requires a year or more. According to Amnesty International, a large number of persons charged with crimes have been held far beyond the constitutional limits for their detention. The long trial process and the detention of those who cannot qualify for or make bail are major causes of crowded prison conditions
source: www.country-data.com/cgi-bin/query/r-8795.html
I am totally ignorant about this subject [drug wars in Mexico], but I suspect that the French press is giving Mexico a hard time because of the Florence Cassez affair.
I don't know that the French press has any hidden agenda in report the drug business-related violence in Mexico. It's in all the news here and in the US as well.
But about Florence Cassez, a case I have to admit I'd totally forgotten ..................
First, the Wikipedia article for those who wish to know more:
en.wikipedia.org/wiki/Florence_Cassez
And there is a Mexican site in support of her:
www.florence-inocente.com/
In order to start this thread, I just googled the phrase "mexican miscarriages of justice". The very first hit is about Cassez, dated three days ago.
The first sentence reads: Mexican authorities confirmed Wednesday that an investigation is underway against federal agents who arrested French national Florence Cassez in Mexico on kidnapping charges in 2005.
That's good, isn't it? But read the very next sentence in the article:
This investigation, [highlight=Yellow]launched in August 2006[/highlight], could shed light on the circumstances of Cassez’s arrest and possibly reveal long-suspected misconduct by federal agents from Mexico’s Federal Investigation Agency highlight mine
Right there you have one glaring example of the how justice works in this country. Four years later, and they're still "investigating"?
I have my doubts and paranoia about justice in the US, of course, but that right to a speedy trial thing is crucial to a working justice system.
Not to descend into anecdotal evidence, but here is one example of which I have direct knowledge --
One of the teachers swooped up during the protests here in Oaxaca in 2006 was finally tried a few months ago. He was sentenced to 18 months in jail. He'd already been in jail for over 2 1/2 years.
And he was one of the "lucky" ones, since he was incarcerated in Oaxaca, where his family at least could easily bring him food and other comforts, something in very short supply in Mexican jails.
Another case in which I knew the accused was one in which a high official wanted land seized, so trumped up charges. The accused were Americans, and even a visit from the US ambassador to Mexico did nothing to speed justice.
Coming from a country with a jury system and knowing that even that is not insurance against injustice, I find the shadowy judge system of Mexico terrifying.
In most instances, arrests can be made only on authority of a judicial warrant, with the exception of suspects caught in the act of committing crimes. Suspects often are arrested without warrants, but judges tend to overlook this irregularity. Those arrested are required to be brought before an officer of the court as soon as possible, generally within forty-eight hours (ninety-six hours when organized crime is alleged), whereupon their statements are taken and they are informed of the charges against them. Within seventy-two hours of arraignment, the judge must remand the arrested person to prison or release him or her.
Criminal trials in nearly all cases are tried by a judge without a jury. The judge acting alone bases his or her verdict on written statements, depositions, and expert opinion, although in some instances oral testimony is presented. Defendants have access to counsel, and those unable to afford legal fees can be assigned public defenders. The quality of pro bono counsel is often inferior. The accused and his or her lawyer do not always meet before trial, and the lawyer may not appear at the important sentencing stage. The right to a public trial is guaranteed, as is the right to confront one's accusers and to be provided with a translator if the accused's native language is not Spanish. Under the constitution, the court must hand down a sentence within four months of arrest for crimes carrying a maximum sentence of two years or less, and within one year for crimes with longer sentences.
The entire process--the time for a trial, sentencing, and appeals--often requires a year or more. According to Amnesty International, a large number of persons charged with crimes have been held far beyond the constitutional limits for their detention. The long trial process and the detention of those who cannot qualify for or make bail are major causes of crowded prison conditions
source: www.country-data.com/cgi-bin/query/r-8795.html