“…despite the fact that he is an active individual, committed to his community through his parish and municipality, Juan Manuel has been falsely charged with the homicide of U.S. journalist Bradley Roland Will.
“This past October 29th the detainee was represented by his defense counsel in the Federal Court to seek an injunction against the formal writ of imprisonment placed against him by the judge of the Fourth Division of the Central Judicial District in Oaxaca on October 22nd for the crime of homicide supposedly committed against the above mentioned journalist.
“We understand that sufficient proof does not exist to justify the charges placed against Juan Manuel Martínez Moreno.”
Video: A Call to Action from the Family of Juan Manuel Martinez Moreno
SUPPORT JUAN MANUEL BY SIGNING THIS LETTER AND SENDING IT TO THE JUDGE PRESIDING OVER THE CASE:
Lic. Rosa Iliana Noriega Pérez
Juez Quinto de Distrito
Calle de Amapolas núm. 1202 Colonia Reforma
Oaxaca, Oaxaca, México CP 68000
Telephone: (+52) 951 5 13 56 40
FAX: (+52) 951 5 13 23 51
I/We ________________ (name and/or organization), citizen(s) of ____________ (nationality) would like to take this opportunity to send my/our regards and additionally to refer to the case of Juan Manuel Martínez Moreno.
To my/our knowledge, despite the fact that he is an active individual, committed to his community through his parish and municipality, Juan Manuel has been falsely charged with the homicide of U.S. journalist Bradley Roland Will.
This past October 29th the detainee was represented by his defense counsel in the Federal Court to seek an injunction against the formal writ of imprisonment placed against him by the judge of the Fourth Division of the Central Judicial District in Oaxaca on October 22nd for the crime of homicide supposedly committed against the above mentioned journalist. Said injunction was circulated with docket number 1311/2008 in the court that your honor now presides over.
I/we also understand that sufficient proof does not exist to justify the charges placed against Juan Manuel Martínez Moreno. According to the judicial proceedings, the only proof presented consists of two testimonies, neither of which refer directly to Juan Manuel at any point. There is a clear lack of precision in these two testimonies that detract their value as evidence. It is important to note that in the course of the criminal investigation by the PGR there are around 70 testimonies, none of which point to Juan Manuel; it is alarming that persuasive evidence cannot be found to support the accusation against Juan Manuel after so many people testified before judicial authorities. Similarly, I/we understand that the expert rulings are lacking in scientific rigor and consequently arrive at conclusions lacking in methodological substance in addition to the lack of suitable expert evidence.
It is greatly concerning that the judge of the Fourth Division of the Central Judicial District in Oaxaca has conceded probative value in two vague testimonies in spite of their imprecision and incongruence, and that based on this evidence paired with deficient and insufficient expert opinions, he intends on stripping an innocent person of their liberty, processing them for a crime that there is likely no proof that he committed. More concerning even since, in contrast, this judge threw out the opinions of a group of independent experts from the International Program of Forensic Medics for Human Rights, which clearly point to the inconsistencies in the investigation. Similarly, the judge in the case also managed to reject the recommendations 050/2008 of the National Commission for Human Rights, which determined that the shots that impacted Brad Will´s body were fired from 32 meters away, not 2 meters as the PGR is claiming.
Last Monday, December 15th, the constitutional hearing of the legal injunction has held in your honor´s court with Juan Manuel´s presence. Now that the case is proceeding to sentencing, I respectfully ask your honor to take into account the arguments that have been put forth in his defense, subject to the rights of due process established in our Magna Carta and in the international human rights agreements that our country has signed and ratified which, as your honor is aware, form part of internal law subject to the constitution. It is important to note that this case has received international attention, and a number of national and international organizations are aware of the case and its defendant. I am confident that your honor will closely analyze this case and will resolve it in a fully autonomous manner, without political interjection, based on the truth and in accordance with international standards for human rights. I don´t doubt that it is in that and no other way that your honor continuously carries our your duties as a judge.
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