• CasoWallace

Working Group on Arbitrary Detention (UN) seeks freedom from accused for kidnapping in Mexico

Constitutional President of the United States of Mexico

Mr. Andres Manuel Lopez Obrador

Respectfully, I ask you: why did not Mexico deliver on time its response to the Working Group on Arbitrary Detention in the case A / HRC / WGAD / 2020/45? I do not think it was the negligence of Chancellor Marcelo Ebrard, as he has proven himself to be very efficient. Thus, there are only two hypotheses. The first, that the omission was deliberated to directly benefit a defendant who participated in the kidnapping of my son. The second, that someone betrayed his commitment to defend the Mexican State within the Mission to the United Nations. In either one of both, it is the duty and responsibility of your Government to challenge and request a review of this provisional OPINION, which does not take into account any of the evidence that exists in the trial of the kidnapping of my son. This opinion is not from the United Nations, but from a working group - that has been pointed out by the governments of the USA, Spain, the United Kingdom and Australia amongst others, for not being impartial -, of which José Antonio Guevara Bermúdez is a member. Mr. Guevara Bermúdez has, on unnumbered occasions, spoken out against me personally for having criticized his lack of ethics and honesty and, therefore, shows his partiality and animosity in the present opinion. However, as he has done in several occasions, he has intervened despite the fact that the United Nations Statute and the International Treaties prohibit it. The breach of international due process in this case is manifested and of such magnitude that when issuing the opinion, all the arguments and evidence in the judicial process against Brenda Quevedo Cruz that proves there was no ARBITRARY DETENTION were not taken into account and that proves that she has had a fair and impartial trial, which the Mexican State should have duly provided. That is to say, the essence of an adversarial system is torn; therefore, there was neither a proper defense from the Mexican State nor from the victim. Due to all of the above, the opinion issued is not mandatory for the Mexican State to abide by, and less so when it is contrary to the constitutional framework of our country. The obligation of the Institutions of Mexico is to protect the victims of crime.

I also respectfully ask you, what remains of our Constitution and access to justice, not only for my son HUGO ALBERTO WALLACE MIRANDA, but also for millions of victims? What is the purpose of so many judges and of the Judicial Power, if anyone who has a relation with Mr. Antonio Guevara, a member of said Group, makes an agreement with him and gets an opinion in their favor? I request it to be investigated and, in doing so, you will come to understand the web they created in collaboration with the defense of the people who kidnapped my son.

Mr. President, I welcome your willingness to create a Commission to investigate what is indicated in the document that has not yet been delivered to Mexico, and that was carried out solely based on the account of the defendant and her defense, and without taking into consideration what is indicated by the General Prosecutor's Office of the Republic, whose evidence can be found in criminal case No. 35/2006, now criminal case No. 286/2019 and in other investigation folders at the Prosecutor's Office, as well as at the National Human Rights Commission (CNDH), in the Attorney´s Federal District Office. As a Mexican citizen and an indirect victim of crime protected by the Constitution, I only ask you that said commission acts impartially and without bias. And also, that it investigates the actions of officials who have a personal interest in this case due to the fact that they have sentimental relationships with the mother of the accused one, and who actually works for the Ministry of the Interior. Mr. President, request this information to be given to you, profoundly investigated; and it to not be acted upon solely based on the will of one single official.

I have fought for 15 years seeking for justice to my son, as Mr. Bernardo Bátiz and Mr. Alejandro Encinas themselves can attest to. At the time, Mr. Alejandro Encinas assured publicly at the Legislative Assembly that he would do everything possible to arrest Brenda Quevedo Cruz and all of the defendants; subsequently starting the process of locating and extraditing the defendant in the United States of America. I will continue to act with full respect for the rule of law, but will also continue to call for justice from the Mexican State. I request, to all wide authorities, to respect my constitutional rights so that my son, my family and I may, finally, have Truth and Justice.

MARÍA ISABEL MIRANDA DE WALLACE

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