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KOR

Press Releases

Korean Detainee in Mexico Wins on Constitutional Appeal

Date
2017-05-19
hit
1751

1. On May 18, local time, Mexico's federal appellate court handling constitutional petitions dismissed the prosecution’s appeal over the ruling regarding the constitutional petition filed by Ms. Yang, a national of the Republic of Korea who had been arrested on charges of “human trafficking and sexual exploitation” under the local law, which marked a decision in her favor.

° In accordance with the procedure, the case, along with the ruling, will be referred back to the court of first instance handling constitutional appeals from the federal appellate court within ten working days from the ruling, then to a court of first instance and finally to a first-instance criminal court within another three working days, where the legality of the arrest or detention will be determined within 72 hours.

- If the prosecution fails to put forward a counterargument during the review of the legality of the arrest or detention, Ms. Yang will likely be released immediately.

° Ms. Yang, citing the violation of legal procedures by the Mexican prosecution in gathering evidence during its investigation, had filed a constitutional petition and had won on the case on October 6, 2016, but the Mexican prosecution had sought an appeal on October 18 in protest over the ruling.

2. In the lead-up to the final ruling, officials of the ROK Foreign Ministry met a number of major members of the Secretariat of Foreign Affairs, courts, the parliament and other government agencies of Mexico in all-out efforts to help Ms. Yang be tried in a prompt and fair manner.

※ Foreign Minister Yun Byung-se held talks with and sent letters to the Secretary and Undersecretary of Foreign Affairs of Mexico.

※ A vice foreign ministerial meeting was held between the two countries, and the Ambassador for Overseas Koreans and Consular Affairs made visits to Mexico.

3. The National Assembly, on its part, made many efforts to win the release of Ms. Yang. During their visit to Mexico in October 2016 for a parliamentary audit, Chairman Shim Jae-kwon of the National Assembly’s Foreign Affairs and Unification Committee and Representative Seol Hoon visited the prison Ms. Yang was detained in to meet and offer comfort to the ROK national. After their return home, the National Assembly sent to the Mexican government a letter expressing hope for Ms. Yang’s release as well as private money to her.

4. If the criminal court of Mexico decides to release Ms. Yang, she is expected to be transferred to a shelter run by the immigration authorities of Mexico and undergo deportation proceedings. The ROK Foreign Ministry will extend the full range of necessary consular assistance to Ms. Yang in the course.


* unofficial translation