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| Photo: Courtesy of Leonel Rivero, lawyer for Nestora Salgado |
Attorneys for Nestora Salgado reported that the district judges hearing her cases ruled to restart judicial proceedings against the leader of Community Police in Olinalá, Guerrero, which opens the possibility for her release. In their decision, the judges ordered regularization of the procedure in the three criminal cases.
In a communiqué, the defense team explained:
"On Tuesday, February 23, 2016, Judges in the First and Second Judicial District of Morelos, based in Tlapa de Comonfort, Guerrero, responsible for criminal cases 5/2014, 196/2013 and 48/2014 instituted against the defender Nestora Salgado García on charges of kidnapping, decreed regularization of the judicial proceeding in the three criminal cases.
"This ruling is supported by the established fact that Nestora Salgado is a United States citizen and that the judicial authorities did not, in due course, make public her right to consular assistance. On this issue, the Supreme Court of Justice of the Nation has held that violation of the right to consular assistance results in restarting the procedure from the moment her detention is decreed.
"The court decision means nullifying all proceedings in the three criminal cases, and in subsequent days, once again obtaining the preliminary statement of the commander [Salgado] of Community Police of Olinalá, Guerrero, and within the constitutional 72- hours resolving her legal status, issuing either release orders or orders of formal arrest.
"The legal defense believes that there is sufficient evidence for the judges to issue release orders in the three criminal cases, because over the past 12 months they have been given exculpatory evidence. It is important to note that this evidence did not exist more than two years ago when the judges initially ruled on Nestora Salgado's legal status."Spanish original
La Jornada: Alfredo Méndez and José Antonio Román
... However, attorney César Sandino Rivero acknowledged that even if the judges were to grant release orders for these criminal cases, Nestora Salgado is still subject to the possibility that the Guerrero State Attorney General's Office (currently headed by Xavier Olea Peláez [took office December 2015; after new Guerrero Governor took office October 2015]) might carry out the three other outstanding arrest warrants against her. A total of three arrest warrants remain pending against Nestora Salgado García; that is, since they haven't been carried out, they [Salgado and her defense team] have not yet been notified [of the charges].
According to official state court papers, three arrest warrants were issued between October 2013 and October 2015, but the Guerrero State Attorney General has not sought to initiate a judicial proceeding against Salgado in order to prevent the activist from knowing the charges and hence being able to defend herself. In fact, the defense has repeatedly denounced this tactic of "perversely managing" the process. Moreover, not one of her 53 accusers—in just the first three cases—has appeared before the courts to confirm their complaints, the defense reported. Spanish original
For more on this story, see Nestora Salgado.
Related MV Translations:
Related MV Translations:
- Mexico Drug War-Guerrero: Nestora Salgado, UN and State Attorney General Olea (2/22/2016);
- Mexico Drug War-Guerrero: Nestora Salgado Stands Tall Supported by International Law (2/21/2016);
- Mexico Drug War-Guerrero: Government Deliberately Manipulating Judicial Proceeding Against Nestora Salgado - Lawyer (2/16/2016);
- Mexico Drug War-Guerrero: UN Group's Resolution to Release Nestora Binding on Government (2/4/2016);
- Mexico Drug War-Guerrero: Nestora Salgado's Arrest "Illegal and Arbitrary" - UN Working Group on Arbitrary Detention (2/3/2016);
- Mexico Drug War-Guerrero: Nestora Salgado's Letter from Tepepan Women's Prison (8/28/2015);
- Mexico: Guerrero State Superior Court to Streamline Nestora Salgado's Judicial Process (8/26/2015);
- Nestora Salgado, the Narco-State and Patriarchal Violence (8/24/2015);
- Nestora Salgado Should be Released Immediately" - Human Rights Groups (8/12/2015);
- Witnesses Against Nestora Salgado Fail to Appear to Testify; Process Delayed (8/11/2015);
- Nestora Salgado Presents Her Case (8/10/2015);
- Nestora Salgado Charges: "The Criminals Respected Community Police; The Government Wanted to Destroy Us" (6/23/2015);
- Nestora Salgado Is Illegally Imprisoned; Victim of Irregular Court Proceedings (5/11/2015);
- Mexico-Guerrero: Defending CRAC-PC In Its Time of Crisis (7/19/2014);
- Community Police and Self-Defense Groups: A Necessary Distinction (1/23/2014);
- Self-Defense Groups and Community Police Are Not the Same (1/20/2014);
- "Being a Community Police Officer Is Not a Choice, But An Assembly Decision" (9/27/2013);
- Community Police Justice Focuses On Re-Education, Study and Work for 'Criminals' in Guerrero, Mexico (6/9/2013);
- Leaders of CRAC Community Police Defend Their 17-Year Record of "Good Work" (3/22/2013).