BajaNomad - Even Canadians not immune to injustice

Even Canadians not immune to injustice

CaboRon - 6-7-2009 at 07:14 AM

Vancouver man remains in limbo after 15 months in Mexican jail awaiting drug trial

By Philip Ling, Canwest News ServiceJune 5, 2009

Canadian citizen being held in a Mexican jail on drug charges for more than a year will continue to be detained after a judge denied an appeal to dismiss his case due to a lack of evidence.

Pavel Kulisek, 43, was arrested in Los Barriles, Mexico, last March shortly after he, his wife and their two daughters, age four and six, moved to Mexico from Vancouver. He's been in a maximum-security prison in Guadalajara on drug trafficking and organized crime charges he says he knows nothing about.

A Mexican judge this week rejected a request to dismiss the charges against Kulisek for lack of evidence and ordered the criminal procedures to proceed.

His wife, Jirina Kuliskova, already distraught over Kulisek's imprisonment in Mexico, told Canwest News Service her family was "devastated" when the judge denied the request.

"Every time my daughters ask me, 'When is daddy coming home?' I don't have an answer for them," Kuliskova said, crying, from her home in North Vancouver, B.C.

Kulisek's lawyers and family have consistently maintained that the charges are unfounded, and he has been imprisoned for the last 15 months because he happened to be at the wrong place, at the wrong time.

The problem started in March 2008, after his family moved to Los Barriles in Mexico's Baja Peninsula. Kulisek, who took up motorbike racing, was at a local bike race when he became acquainted with a fellow enthusiast who introduced himself as Carlos Harrera.

"Carlos" was actually Gustavo Rivera Martinez - one of the U.S. Marshals Service and FBI's most wanted men and kingpin of the Tijuana cartel.

When police swooped in on him having dinner in March 2008, Kulisek was there and was also arrested.

According to Guillermo Cruz Rico, Kulisek's lawyer in Mexico, the only evidence against his client was an anonymous phone call, along with testimony provided by a protected witness, a former police officer who has been convicted twice for corruption and drug trafficking with connections to Martinez.

Under cross examination, the witness admitted he had never seen Kulisek commit any crime.

"He (the police officer) is not a trustful person," said Cruz Rico, who also defended Canadian Brenda Martin on fraud charges in Mexico.

Foreign Affairs Minister Lawrence Cannon says he has communicated Canada's concerns to Mexico.

"We are liaising with the Mexican authorities to express Canada's interest in this case," Cannon told the House of Commons, "and in his case, obviously, to seek at the same time the assurances that Mr. Kulisek's right to due process is respected."

But Cannon says Canada can't interfere in the judicial system of a sovereign country.

"I just keep hearing that everyone's working hard, but nobody can tell me about specifics of what they're doing," said Kuliskova. "It seems to me that they're gutless. They don't want to the extra steps to get my husband back to Canada.

"Why aren't they standing behind their citizens?"

805gregg - 6-7-2009 at 08:55 AM

The country of Mexico has been around for like 180 years, and they still can't get their justice system right.

longhairedbeatnik - 6-7-2009 at 09:08 AM

Wrong place at the wrong time I guess. :no:

DENNIS - 6-7-2009 at 09:23 AM

You're known for the company you keep. Isn't evidence of innocence still a requirment in Mexico? Has that changed? I know it's supposed to.....some day.

[Edited on 6-7-2009 by DENNIS]

Sharksbaja - 6-7-2009 at 09:49 AM

The story is not complete. There is something obviously not being told here much like that Cabo case.

The bright side

Dave - 6-7-2009 at 10:12 AM

Quote:

Originally posted by CaboRon

When police swooped in on him having dinner in March 2008, Kulisek was there and was also arrested.

Probably didn't have to pay for dinner or leave a tip. :rolleyes:

Loretana - 6-7-2009 at 10:15 AM

Quote:

Originally posted by Sharksbaja
The story is not complete. There is something obviously not being told here much like that Cabo case.

Obviously. This man needs to send his attorney to La Paz to request an immediate sentence.

His 'Auto Formal de Prision" has been dictated by the judge. Now he can get sentenced and put his documents in order for the "Canje" or Prisoner Exchange Program. He'll be incarcerated there working this out for at least another year, minimum.

And they need to quit blabbing to the press if they want the wheels of justice to turn. The Mexican Federal judges have a real attitude about foreign intervention in what is their sovreignty.

I don't condone what happened to this unfortunate guy, but if he's smart he'll live through his prison experience and come out speaking fairly good Spanish!! :saint:

DENNIS - 6-7-2009 at 10:54 AM

Quote:

Originally posted by Loretana
I don't condone what happened to this unfortunate guy, but if he's smart he'll live through his prison experience and come out speaking fairly good Spanish!! :saint:

I'm sure his dinner guest will make sure he doesn't do too much talking of any kind.

Loretana - 6-7-2009 at 11:37 AM

That prison in Guadalajara is not the worst one in Mexico.

And his friend "Carlos" probably lives in a nice caraca on the inside with hot and cold running hookers.

I would think the Canadian is in a lockdown in that facility for his own protection. His attorney got Brenda Martin out, but not until she was sentenced, lost her appeal and the Canadian government actually stepped up and went through diplomatic channels to push her paperwork along.

Mrs. Kuliskova needs to tell the kids that Daddy won't be home for at least another year.

[Edited on 6-7-2009 by Loretana]

Woooosh - 6-7-2009 at 12:26 PM

Quote:

Originally posted by Loretana
That prison in Guadalajara is not the worst one in Mexico.

And his friend "Carlos" probably lives in a nice caraca on the inside with hot and cold running hookers.

I would think the Canadian is in a lockdown in that facility for his own protection. His attorney got Brenda Martin out, but not until she was sentenced, lost her appeal and the Canadian government actually stepped up and went through diplomatic channels to push her paperwork along.

Mrs. Kuliskova needs to tell the kids that Daddy won't be home for at least another year.

[Edited on 6-7-2009 by Loretana]

Imagine being charmed and wined/dined- he must have felt like a rock star for about 2 hours. All prisoners are entitled to conjugal visits- of course if a hooker is step up- why not?

Great book and movie deal opportunity. I hope he is keeping a journal and taking notes.

ArroyoTaxi - 6-7-2009 at 01:40 PM

We watched a documentary about this case on CTV and it was heartbreaking. Here is a link: http://watch.ctv.ca/news/w-five/w-five-mexican-injustice/#cl...

Bajahowodd - 6-7-2009 at 03:47 PM

OK. This may sound a bit cold. The videos amount to melodramatic shmaltz. I don't see much real journalism here. That being said, I absolutely cannot believe that the Canadian government would not have, by now, had an innocent man released. Here's a question. Pavel packs up his family and ends up buying a home in Los Barilles. What is his source of funds; his income? They portray him as a blue collar worker. Doesn't appear he'd have wealth. The video mentions that he owed money to one of the guys he left to meet. So, he owed money to a corrupt cop? Maybe I'm way off base. But this just looks like another attempt to diss Mexico. I will apologize when Pavel is released and exonerated.

ArroyoTaxi - 6-7-2009 at 04:23 PM

From what I understand he worked really hard during the massive construction boom in Vancouver and they saved up. They then rented out their house in North Vancouver and headed to Baja. The house they bought in Los Barriles was very modest - no one said they had "wealth" those are your words. and yeah, actually, you do sound a bit cold. I only met this family a few times, but they made a lot of friends in Los Barriles and there are a lot of people who are deeply upset and concerned for this guy. Your grand gesture of offering to "apologize when Pavel is released and exonerated" is pretty moot considering the justice system in Mexico.

k-rico - 6-7-2009 at 04:56 PM

Quote:

Originally posted by Bajahowodd
I absolutely cannot believe that the Canadian government would not have, by now, had an innocent man released.

Forgetting the fact that the determination of guilt hasn't occurred, just how would the Canadian government get someone in a Mexican jail released?

Send in Dudley Do Right and his horse Nell?

[Edited on 6-7-2009 by k-rico]

dudley_1.jpg - 19kB

Bajajack - 6-7-2009 at 05:17 PM

This is a tough one?

Door #1, Guilty as Charged

or

Door #2, Guilty of Incredible Stupidity

:rolleyes:

ArroyoTaxi - 6-7-2009 at 05:45 PM

wow - this is a tough crowd. I hope I'm not this unkind when I get old.

mtgoat666 - 6-7-2009 at 05:56 PM

Quote:

Originally posted by ArroyoTaxi
wow - this is a tough crowd. I hope I'm not this unkind when I get old.

who cares about a canadian who made bad choices in friends? i can't imagine that he was unaware he was associating with a thug and drug lord.
today people are worrying about a canadian who unwisely chose to hang out with a killer, and gringos (none of whom participate here) that got scammed by gringo developers at loreto bay,...
but i noticed not one post about 30 children dying in the day care fire just across the bay.
...sort of sad,... (both)

DENNIS - 6-7-2009 at 06:04 PM

Quote:

Originally posted by mtgoat666

but i noticed not one post about 30 children dying in the day care fire just across the bay.
...sort of sad,... (both)

Not trying to correct you, goat...just bringing the story up to speed.
-----------------------------

Mexico City - Funerals for children

killed in a horrific fire at a public day care centre in north-western Mexico were held Sunday, as officials said the toll climbed to 41.

Three children died on Sunday, while 22 children and four adults remained in hospital, suffering from burns and smoke inhalation

Read more: http://www.monstersandcritics.com/news/americas/news/article...

ArroyoTaxi - 6-7-2009 at 06:09 PM

I'm really sad about every single one of those children - you see, I'm actually capable of caring about many, many things. I also care about the fate of someone I believe has been unfairly imprisoned and I care about his family who are in a living hell. I care about all of them. Even if this guy made stupid choices, I don't believe he should pay for it in this manner. Why are you guys getting so harsh about this? Why are you so offended that I feel compassion and sorrow for the people involved in this story? I just don't get it.

longhairedbeatnik - 6-7-2009 at 06:31 PM

This an example of how the law and justice system in Mexico can be taken for granted by visitors. The guilty until proven innocent is the way it is and one must take this into account when visiting Mexico. This is not Canada nor is it the USA so act and behave accordingly. I am positive most people will be sure they are not hanging out with someone who is trouble after hearing this story.

DENNIS - 6-7-2009 at 06:49 PM

Quote:

Originally posted by ArroyoTaxi
Why are you guys getting so harsh about this? Why are you so offended that I feel compassion and sorrow for the people involved in this story? I just don't get it.

Now Now...Everything will be alright. You just got thrown under the wheels of the Cynical Faction of BajaNomad. It happens to all of us at one time or another.
Just keep in mind that nobody here has enough facts to make judgemental decisions on this story.......yet. But, in time, we will and everybody will say,"I told you so."

Bajajack - 6-7-2009 at 07:09 PM

I am very familiar with Mexican Law and I do know for certain that very few case decisions involving Guilt or Innocence are based on Evidence.

Whether Mex or Gringo it's usually money or revenge that decides.

Anyone who's lived there a few month's already know's this.

That's the way it's always been and probably always will be.

Case Closed.

:cool:

dishinit - 6-7-2009 at 07:30 PM

Quote:

Originally posted by ArroyoTaxi
........... Why are you guys getting so harsh about this? Why are you so offended that I feel compassion and sorrow for the people involved in this story? I just don't get it.

“I just don't get it”
And you never will if you expect some here to have empathy with you.
From what I observe, there are folks who relish passing judgment on others because “what they choose” to believe supports their particular/peculiar grasp of the world, be it twisted, distorted , warped or through some alcoholic fuzz.
There are also those who relish pointing their finger at those who are in the cross-hairs of life because it makes them feel superior. Sort of the Gang Bang “I told you so”
And there are those who just cannot let a moment/opportunity go by without offering up some provocative comment so that they can be the center of attention.
Expect disagreement here....even what may seem irrational or bigoted disagreement.
Expect thread hijacking....like I am doing!
But don't expect agreement.
You are entitled to your opinion and feelings....just as much as those who question or oppose you.
Toughen up! Be like a Cactus......You do live in Baja
By the way, a thug/crook/killer can have many guises........he can even be your most trusted investment councilor, or Bank, or high ranking politician.
After watching the video's, I was left with some questions...... and I also had some empathy for the family in how it feels to be totally frustrated/helpless when dealing with another countries bureaucracy or way of doing (or not) business. This is not limited to Mexico.
And if it were my family involved, I would be outraged at the impotence of my own government.
I doubt if we here on bajanomads, will ever know the whole story....as there is always more than one side.
Anyway, thanks for the links to the video's and thanks for expressing your views/feelings.
And goat, I morn the loss of those kids....I would be devastated if that happened to one of mine.
But rather than hijack this thread with your indignation, how about starting another.

ArroyoTaxi - 6-7-2009 at 07:35 PM

DENNIS, despite your nauseating condescension, how can you say that no one has the facts, yet eventually you will say I told you so? All I am saying is that I feel badly for everyone involved.

DENNIS - 6-7-2009 at 07:44 PM

Quote:

Originally posted by ArroyoTaxi
DENNIS, despite your nauseating condescension, how can you say that no one has the facts, yet eventually you will say I told you so? All I am saying is that I feel badly for everyone involved.

Nauseating condescension? You've got it all wrong.
OK...you feel badly for everyone involved. Good. Feel badly and quit crying about it. You, for sure, are feeling worse about your poor misunderstood self than you are about anything else.
Given the opportunity to bury you in cynacism in the future, I will.
Now..wipe away those tears and grow up.

JESSE - 6-7-2009 at 08:28 PM

Whats funny to me, is that it seems unless theres american or canadian victims involved, no norteamericano is capable of wrongdoing according to the media. Everytime somebody gets caught (sometimes clearly breaking the law), you just put a sad face, cry, tell all your relatives and friends your not guilty, wich have no other choice but to support you and go on a media blitz defending their poor relative from the evil Mexican justice system, and it works.

Just look at that stupid french kidnapper woman. She was caught with the kidnapper in his house, the victim in one room tied and chained, and even the French president is trying to get poor little kidnapper off the hook. The victim, and other kidnapping victims, all recognized the woman and her french accent, treatening them, telling them she was going to cut a finger off, and still, all the French media treats her like a victim of the corrupt Mexican system.

By the way, Kulisek was arrested by a rapid response team of Mexican federal agents, after getting a call from DEA agents operating in Mexico. DEA was actually the one doing the intelligence, the surveillance, and practically did everything besides the arrest. They where there. So why doesn´t the family ask the DEA to show us the intelligence on this bust to prove he is an innocent man?

I know why.

CaboRon - 6-7-2009 at 09:13 PM

Quote:

Originally posted by Bajajack
I am very familiar with Mexican Law and I do know for certain that very few case decisions involving Guilt or Innocence are based on Evidence.

Whether Mex or Gringo it's usually money or revenge that decides.

Anyone who's lived there a few month's already know's this.

That's the way it's always been and probably always will be.

Case Closed.

:cool:

gnukid - 6-7-2009 at 09:32 PM

I recalled how when initially reported, the story was that US agents were in Barriles and behind the arrest, they identified the "most wanted" Gustavo Rivera and his associate-Kuliskova. I recall Baja police made the arrest at the request of the US. ( I may be wrong but this is what I recall).

Moreover, the individual Kulisek had moved to Barriles and had got into racing. He has a young family. He had just moved there bought a house but was selling his house to move back to Canada?

So, Kuliskova should be able to establish how he had assets to move to Barriles, What was his source of income, what was his occupation and how did he fund his racing.

If he is unable to establish his sources of income and what he was doing moving to Barriles, meaning how he had assets, he could be under suspicion based on circumstantial evidence.

Its not different than Mafia figures being arrested for evading taxes as opposed to specific crimes.

However, there is no report anywhere I could find that suggested he did have unexplained assets except a house and motorcycle etc..., there are no reports he had suspicious funds or that he had made any questionable money transfers or actions.

So, as Jesse points out the USA was the accuser, they started this, the DEA agent was apparently the tipster and Mexico is apparently allowing the law to follow its path.

On the other hand, any one who knows Baja knows that there are people you run into at hotdog stands with excessive funds who seem like nice people, you don't always stand up and leave a restaurant or hotdog stand just because a nice wealthy person acts friendly to you. In Los Barriles no one works and it is a wealthy enclave. Quite honestly there are many characters and one doesn't run away from every interaction, though it might be best to do so based on this story.

I actually know half the gringos in town and I have no idea where their money came from...

I did find this statement from Kuliskova which sheds some light on the background of the investigation.

http://pavelkulisek.com/letter2.pdf

http://www.pavelkulisek.com

[Edited on 6-8-2009 by gnukid]

Bajahowodd - 6-7-2009 at 11:39 PM

OK. So I took a number of hits for my "cynical" view of this. I always get upset when people characterize the Mexican justice system as byzantine. Try Napoleon. Just because it's not like British Common Law, it automatically means that anyone swept up is experiencing something akin to the 70's Turkey a la Midnight Express. I stand behind my original feeling that if this was some gross miscarriage of justice, the Canadian government would have been involved in obtaining Pavel's release. for all of those who seem to believe that whenever anyone, especially a gringo, is arrested in Mexico and will die in their jail cell, then I urge all you folks to run. Run fast for the border. Because obviously you are all in serious jeopardy.

Why in the world don't you believe that there is constant communication among each nation's law enforcement?

CaboRon - 6-8-2009 at 05:51 AM

Quote:

Originally posted by Bajahowodd
OK. So I took a number of hits for my "cynical" view of this. I always get upset when people characterize the Mexican justice system as byzantine. Try Napoleon. Just because it's not like British Common Law, it automatically means that anyone swept up is experiencing something akin to the 70's Turkey a la Midnight Express. I stand behind my original feeling that if this was some gross miscarriage of justice, the Canadian government would have been involved in obtaining Pavel's release. for all of those who seem to believe that whenever anyone, especially a gringo, is arrested in Mexico and will die in their jail cell, then I urge all you folks to run. Run fast for the border. Because obviously you are all in serious jeopardy.

Why in the world don't you believe that there is constant communication among each nation's law enforcement?

It has been my personel and observed experience that he who has the most money or the mexico city connection receives the "justice" .... the entire system is bought and sold to the highest bidder .....

Invest in mexico at your own risk ....

mtgoat666 - 6-8-2009 at 06:46 AM

Quote:

Originally posted by Bajahowodd
I stand behind my original feeling that if this was some gross miscarriage of justice, the Canadian government would have been involved in obtaining Pavel's release.

Why in the world don't you believe that there is constant communication among each nation's law enforcement?

law enforcement in Can and US really don't care about their citizens arrested overseas. 100s of gringos are arrested everyday overseas -- the govt doesn't have the motivation, resources or jurisdiction to help them. Govt only helps if you speak loudly or wield a big stick.

mexico legal system is scary. so is US legal system. enter at your own risk, the systems are set up to screw you.

BMG - 6-8-2009 at 07:37 AM

Quote:

Originally posted by mtgoat666

100s of gringos are arrested everyday overseas

Bull crap.

mtgoat666 - 6-8-2009 at 08:28 AM

Quote:

Originally posted by BMG

Quote:

Originally posted by mtgoat666

100s of gringos are arrested everyday overseas

Bull crap.

Not bull crap, but maybe a slight exageration

. In 2007 the LA Times reported from official statistics (which likely under-report actuals, such as drunk-disorderly arrests that result in just a night of detention):
Drawing together reports from more than 290 cities worldwide, State Department officials counted 4,456 arrests abroad last year, up from 3,614 in 2005 but down slightly from 4,473 in 2003.

The top 10 cities where Americans were arrested and the number taken into custody:

1. Tijuana: 520

2. Guadalajara: 416

3. Nuevo Laredo: 359

4. London: 274

5. Mexico City: 208

6. Toronto: 183

[Edited on 6-8-2009 by mtgoat666]

BMG - 6-8-2009 at 08:45 AM

Quote:

Originally posted by mtgoat666

Quote:

Originally posted by BMG

Quote:

Originally posted by mtgoat666

100s of gringos are arrested everyday overseas

Bull crap.

Not bull crap, but maybe a slight exageration

A 'slight' exaggeration. 200 arrests a day would be 73,000 per year.

mtgoat666 - 6-8-2009 at 08:48 AM

Quote:

Originally posted by BMG

Quote:

Originally posted by mtgoat666

Quote:

Originally posted by BMG

Quote:

Originally posted by mtgoat666

100s of gringos are arrested everyday overseas

Bull crap.

Not bull crap, but maybe a slight exageration

A 'slight' exaggeration. 200 arrests a day would be 73,000 per year.

whatever

Bajahowodd - 6-8-2009 at 10:29 AM

Tijuana and Nuevo Laredo do not surprise me as they are both border towns that attract folks for shenanigans. Guadalajara and Mexico City are high on the list as well, probably because Mexico is the second greatest destination for American tourists.

As for CaboRon's observation that 'money talks" in Mexican justice, maybe you should check out the available stats regarding wealth and success or failure in the US system. Again, I really think that our experience and comfort in our Common Law based system leads us to feel more skeptical toward other systems of jurisprudence. I'm certainly not advocating for the Napoleonic approach. But, it's been utilized for a long time in many civilized countries.

ArroyoTaxi - 6-8-2009 at 10:30 AM

Quote:

Originally posted by DENNIS

Quote:

Dennis, you are going to "bury me in cynacism" ??? because I have a different point of view than you? no offense, but you sound like the one who needs to grow up. you can't bully people into agreeing with you.

gnukid - 6-8-2009 at 10:52 AM

Quote:

Originally posted by Bajahowodd

As for CaboRon's observation that 'money talks" in Mexican justice, maybe you should check out the available stats regarding wealth and success or failure in the US system. Again, I really think that our experience and comfort in our Common Law based system leads us to feel more skeptical toward other systems of jurisprudence. I'm certainly not advocating for the Napoleonic approach. But, it's been utilized for a long time in many civilized countries.

With so much criticism of Mexico's justice, might we consider the current state of US justice? We must be aware of the vast theft of trillions in our assets from our own coffiers? We have currently a well publicized and documented history of rendition (kidnapping and torture of people who committed no crimes) extraordinary rendition (kidnapping people and putting them on planes to torture them and leave them in foreign countries).

We currently torture innocents, murder, its well documented, admitted and continuing. Obama announced indefinite detentions (no charges-permanent incarceration and torture) and this week he announced that following 7 years of torture and no charges he will accept no trials, only the signed guilty statement followed by the death penalty.

Furthermore, we have the largest number of people incarcerated per capita in the world, a long history of misdirected prosecution and racial profiling resulting in inordinate numbers of blacks and hispanics in prisons for non-violent crimes and crimes against no one but themselves, such as drugs.

The USA is now building more prisons, more detention camps, more slave labor camps, more than any other location in the world. There are more than 1000 detention camps empty and ready for more prisoners to work por pennies to pay off their debt.

All the while, a look at the last few years has brought on executive orders that have effectively dismantled the bill of rights or the amendments, all except the 3rd.

And yet, through tunnel vision, the majority it would seem could care less. People like Ron would prefer to criticize Mexico, while in fact this case names USA-Cananda based companies as the culprits along with support from Fonatur?

Ron, your lack of vision and your lack of ability to see yourself and your country is something to behold. Why not step outside and approach your own neighbors and friends and start by cleaning up your where you're energies are desperately needed.

Let the Loreto project be an example, its done as many have been done previously. Consider it a success in the eyes of Baja. Baja shall always reclaim itself from the materialistic and silly dreams of norteamericanos. Just like it has done with you.

DENNIS - 6-8-2009 at 10:58 AM

Quote:

Originally posted by ArroyoTaxi
Dennis, you are going to "bury me in cynacism" ??? because I have a different point of view than you? no offense, but you sound like the one who needs to grow up. you can't bully people into agreeing with you.

I don't care who does or doesn't agree with me. I had no opinion on this thread other than I don't like to be called condescending or nausiating when all I tried to do was throw in a little humor and support for you when they were flushing you down the crapper. Maybe I should have decorated my post with a bunch of these :lol:

for the benefit of those who take all this stuff too seriously.