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Tuesday, February 16, 2016

Mexico Drug War-Guerrero: Government Deliberately Manipulating Judicial Proceeding Against Nestora Salgado - Lawyer

La Jornada: José Antonio Román

The arbitrary and illegal detention of Nestora Salgado was not only planned, but federal and Guerrero state governments have perversely managed the judicial proceeding in order to keep her in prison since August 2013, without any evidence against her, charged César Rivero Espinoza, a lawyer for the Regional Coordinator of Community Police [CRAC] in Olinalá.

Rivero argued that 30 months after a judicial process plagued with irregularities, in which none of the people who are accusing her of kidnapping has declared*, the defense is presenting various alternatives on her behalf. One, he said, is withdrawal of charges by Guerrero State Attorney General. Another is the legal proceeding such that the judicial process might be rerun in full [in effect, a mistrial, such that the judicial proceeding would be completely done over]. In addition, the state Congress might approve an amnesty law that would benefit Salgado.
*MV Note: Under Mexican law, plaintiff's 'declaration' is a formal legal statement made before the court. Moreover, if plaintiff fails to show up to declare, the accused is presumed innocent. This is thus one of the irregularities cited by Salgado's attorney.
As a participant in the forum "Justice for Whom? For Nestora Salgado's Release" held last night at the Faculty of Law of the UNAM [National Autonomous University of Mexico], Rivero noted that the first options are "objective and real", and that the defense is working along these legal paths.

Rivero underscored that, although it has been said that Nestora Salgado is a U.S. citizen, during the judicial process she has not delivered any evidence proving it. The situation has been remedied with a document issued by the United States Embassy, ​​a point that could help reposition the process. Spanish original

For more on this story, see Nestora Salgado.

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