Press release 17 February 2011 by the Ministry of Foreign Affairs of Mexico
The Ministry of Foreign Affairs of Mexico confirms that the French national Cassez can not be a transfer to serve his sentence in France under the terms of the Strasbourg Convention.
The spokesman of the Government of the French Republic, Francois Baroin asked last February 16 in Mexico, "to respect the international conventions it had subscribed, particularly that concerning the transfer to their countries of origin of persons definitively convicted abroad."
The ministry said that the Strasbourg Convention on the Transfer of Sentenced Persons establishes a clear and precise that there must be an agreement between sentencing and the State Implemented in the implementation of its provisions. The transfer is permissive for the requested State.
Regarding the case of Florence Break and in response to a letter from President Nicolas Sarkozy, President Felipe Calderon has told his French counterpart, February 6, 2009 "that will possible to consider the applicability of the Convention on the Transfer of Sentenced Persons, adopted in Strasbourg, France, March 21, 1983, after the condemnatory decision is definite.
Contrary to the submission of several anonymous sources, the head of the Mexican state did not at any time pledged to authorize the requested transfer.
As you can see in the text of this letter, the engagement was limited to "consider the applicability" of the Strasbourg Convention.
is precisely to consider the possibility that Presidents Calderón and Sarkozy have established in March 2009, a binational commission of jurists to study carefully the Strasbourg Convention. In June 2009, after the Binational Commission met for three months, the government of Mexico has concluded that the conditions for granting the transfer of Florence Break in France were not met.
This decision was reaffirmed by President Felipe Calderón to President Nicolas Sarkozy in a letter signed July 22, 2009, where it is reported that "the differences between the legal systems of Mexico and France does not allow my government to give consent for Mrs. Florence Break is transferred to France to serve out the remainder of the sentence imposed by Mexican courts. "
In this letter, President Calderón said: "This decision is based on the Strasbourg Convention, which includes, among other requirements for a transfer, the consent of the sentencing State. "
It is therefore not possible to argue that at one point there was talk of transferring Cassez in the case of a final conviction.
The position of the Government of Mexico is based on the following considerations:
· ; There are significant differences between Mexican and French legal systems that prevent Cassez serving in France the entire sentence imposed by the Mexican justice.
· interpretative declarations made by France in the Strasbourg Convention does not guarantee that Cassez purge its entire sentence in French.
· These statements provide that, where Cassez be transferred to their country of origin, his sentence would be subject to decisions of the French judicial authorities with regard to its implementing rules, including suspension or reduction.
· For Mexico, one of the primary conditions is that the sentence of 60 years in prison is completed in its entirety, as Mexican law does not provide for serious crimes like kidnapping, early release or reduction trouble.
The Mexican government respects and undoubtedly in good faith its international obligations. In this case, it did so by considering, as he had promised, the possibility of applying the Convention of Strasbourg in the case of Florence Break.
Close examination of this issue led to an irrefutable conclusion: to consent to the transfer amount to permit another State, an absolutely unjustified, allows the reduction or cancellation of sentence against Cassez for crimes she committed in Mexico.
In Mexico, the crime of kidnapping is punishable by a maximum sentence. It is indeed a legal provision that reflects the deep stern condemnation of Mexican society vis-à-vis the crime and its determination to eradicate it.
Such is the punishment that awaits all those convicted in Mexico for felony, whether Mexican or foreign.
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