Olga Sanchez Cordero, Justice of the Supreme Court of Justice of the Nation (SCJ) mentioned that she was always aware that the release of the French citizen Florence Cassez would make her a target for criticism.
"I knew that once she obtained her freedom all the critiques would head towards me, but this is irrelevant for a constitutional judge, a constitutional judge hands down decisions, and a constitutional judge is beyond social criticism," observed Sánchez Cordero to Ismael Cala during an interview on CNN in Spanish.In March of 2012, the Supreme Court decided that Sánchez Cordero would be responsible for developing a new draft ruling regarding the judicial process undertaken against Cassez after her arrest, in December of 2005 and that led to her conviction for kidnapping and organized crime.
In her draft of January 23 [2013], Sánchez Cordero set out to grant an amparo [protection; injunction] "to effect" ["para efectos"], or an order for a court to issue a new judgment on the Cassez case by disregarding the evidence illegally obtained to incriminate her. Four of the five justices voted against the draft prepared by Sánchez Cordero on the terms in which it was written. The justice then proposed to modify the project and to grant definitive constitutional relief for Cassez's immediate release.
Thus, the French citizen was released, prompting criticism from civic organizations that serve crime victims, like that of Isabel Miranda de Wallace.
"If I were to take up the matter again, it would be resolved in the same way it worked it out," said Sánchez Cordero to CNN in Spanish. "We cannot hand down decisions according to public opinion or in agreement with the polls."Sánchez Cordero said that the Florence Cassez verdict was a watershed in the history of Mexican criminal law.
"For me the case of Florence Cassez has marked my last years in the Supreme Court," she commented.
"There is a presumption of innocence that is not invalidated, and so long as it is not invalidated [i.e., by cross examination or damning evidence], [the defendant] is not guilty," added the justice.Stance on Abortion
Sanchéz Cordero explained to Ismael Cala the reasons why she is in favor of the decriminalization of abortion during the first twelve weeks of gestation. She mentioned that establishing decriminalization is "to decriminalize poverty" because it may be that only women with certain economic resources have the opportunity to go abroad to obtain that procedure. Furthermore, it is also a public health issue, she said.
"It's a situation of high discrimination against women (penalized for abortion in the first twelve weeks of pregnancy), because she herself is deprived of her liberty, but the man who impregnated her is not deprived of his liberty."In 2007, Mexico City [Federal District] lawmakers approved decriminalizing abortion during the first twelve weeks of gestation.
"The City has been spearheading such sensitive issues as the legalization of abortion and many other issues. Their perspective [Mexico City legislators] is not always shared in other parts of the Republic," said Sánchez Cordero.
"Until the last day, I will defend the decriminalization of abortion up to twelve weeks," she added in the interview with CNN in Spanish.Struggle for Gender Equality
The justice mentioned that there still remains "much to do" to achieve gender equality in the country. She recalled that when she became a member of the College of Notaries in Mexico City, there were no adequate facilities for women.
"When I first came to the College of Notaries (in 1984), as a member of that College in Mexico City, there was no restroom for women. They had to construct it," she recalled.She said she has taken defense of the rights of women as a "personal mission". Spanish original