On 5 July 2007, the presiding Judge declared the motion filed by Magdalena García’s defence lawyer as inadmissible. The motion requested that the charges against her be dropped due to the lack of evidence (Incidente de libertad por desvanecimiento de datos).

Amnesty International, which has studied the judicial decision, is concerned about the different standards applied by the judge to evaluate the defence and prosecution evidence and the failure to uphold the principle of the presumption of innocence of the accused. None of the police statements presented by the prosecution against Magdalena García Durán describe her involvement in the crime yet the Judge considered that they demonstrate her probable responsibility. The Judge decided that the defence evidence failed to prove beyond doubt that she had not participated in the social protest that blocked access to the centre of San Salvador Atenco, whilst also failing to provide a detailed account, moment by moment, of Magdalena García’s actions during 3 and 4 of May 2006.

Magdalena García’s trial continues. According to reports, the presiding judge may conclude the trial proceedings in the near future and subsequently issue his verdict on the charges of kidnapping and attacking public roads.

AI believes that this latest judicial decision again demonstrates the lack of impartiality with which the state judiciary has adjudicated in the case of Magdalena García Durán and others detained in San Salvador Atenco on 3 and 4 May 2006. AI is concerned that the unfair criminal process that has failed to take into account the lack of evidence against her, appears to be politically motivated. The criminal process against Magdalena continues and further action calling for her immediate and unconditional release is needed.