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Friday, November 5, 2008

Dear George W. Bush. President of United States of America. Last Saturday, it has been 2 years since I was brutally attack here in Denmark by the Danish police without any clear justification. It is also two years that I reporter to the American embassy in Copenhagen, Denmark. November 1, 2006. Today, and due this police brutality, that I call torture, I have become a handicap person for life, because doctors don’t guarantee me a full recovery, as you can see in the Medical documents. My name is Mario Herrera, American citizen, with election vote register in Hialeah, Florida. I am from Cuban background. And I have never ever had a criminal record in my time life. Yesterday, it was elected a new president in the United States of America, Mr. Barack Obama, a new hope to millions of Americans, for different reasons. Especially for those that not receive the appropriated American justice, and even more especial for those that are discriminated just for their color of their skin or origin background. I am one of them, dark skin color, Latino American background and American citizen, and I hope that somebody in the new administration act as a real USA authority and make respect, first USA constitution, when promise to protect always their citizens, and also make respect International agreements and of course, let the justice prevail not matter what context or circumstance. Background of my case: My case after being reported to the American embassy in Copenhagen, Denmark November 2, 2006, first hour at the consulate opening, my wife Gitte Toldsted and me we present at the embassy. It took 25 days to them, to make the appropriate request to the Danish authorities about my case. And that happened after my continuous protest to them. I was submitted to two speed court trials, and in both of them I was discriminated, I was not allowed to defend myself case properly, I was not allowed to speak, I was continuous silenced. One of the judges an old woman with hearing impairment, she was sleeping in the middles of the court. And because at the time to defend myself, I was discriminated because I was “this person with this tropical temperament” But this is nothing to compare, that in these two consecutive courts the Danish authorities, through the State attorney, hide key evidences to my lawyers. A key document that you can see like however else at in this web page you can have full disclosure of my case, including official documents with their respective translation from Danish to English.


Friday, November 5, 2008 And this document, and all these violations are what I want to present to the European Union Court of Human Rights, and make Denmark authorities responsible, answer the side that belong to them in this crime violation. But you have your own responsibility. Your embassy in Copenhagen, more entertain between Tour de France and Elvis rock and roll. They decide to keep in silence all these violations, despite to be warned over and over again as my documentation systematically delivery to the American embassy, by email, regular mail, telephones and personal visit, can be demonstrated in a future USA court. There is where the tax payer money goes. Another point is that neither the State Department nor your administration have been notifying to any American citizen about the dramatic Human Rights deterioration from Denmark, more exactly in the last 3 years. This is according The European Union Agency for Fundamental Rights, which are classifying Denmark ahead in this department in the European Union. You have the power, the resources, and the authority to request a full investigation about this case. This case has been fully informed and back up with documentation to all the respective USA authorities mention next: • • • • • • • • • USA ambassador in Copenhagen, Denmark. Mr. James P. Cain. USA consul in Copenhagen, Denmark Ms. Marilynn W. Rowdybush.(I have never seen the face of this consul) USA case worker in Copenhagen, Denmark. Ms. Anita F. Funke. USA State Department. Ms. Condoleezza Rice. (3 times, and following suggestion from my request to the European Union Ombudsman Mr. P.Nikiforos Diamandourus) USA Florida senator Mr. Bill Nelson. USA Florida congressman Mr. Lincoln Diaz Balart. USA Florida governor Mr. Charlie Crist. USA General attorney Mr. Michael Mukasey. USA Florida General attorney Mr. Bill McCollum

It is amazing how all these people, representing and safeguarding for the respect of the United Stated of America constitution, all of them have been keeping in silence in front this case. At the moment I was arrested by the Danish police. I was isolated in a cell for around 5 hours. I was NOT allowed to these minimum and elemental rights: • • • • To contact the American embassy. To contact a lawyer. To contact my family. To contact a doctor.


Friday, November 5, 2008 • It was took without my concern, DNA, finger prints and pictures, what it is well stipulated not only in USA, but also in Denmark, that I have to be in presence of a lawyer specially about DNA.

Yes Mr. President, two years until today in silence. I want here to remark your own words: "…As a father of little girls, I can't imagine what it would be like to have my daughter just disappear…" and also "…So, Mr. Prime Minister, as I told you on the phone when I talked to you and in the past, the United States will not abandon you on this issue."…” (At G8 Summit, Tokyo, Japan. See at ) I got any problem with that. And this is noble and this is fair. Well, let me clue you on something, my family doesn’t want neither that I will be disappear and later appear brutalized for a couple of xenophobic, racists and fascist, apparently “professional” but xenophobic policeman bad dressed with Danish police uniform. If you promises to protect foreign people, don’t forget Mr. President, first and foremost to protect your American citizens. The United States of America is a law country, and if not body of these persons mention here are afraid, then just let pass to the justice. These persons are high and clear responsible for safeguard my protection and legal guarantees. Must of them swear over the United States of America constitution to protect all American citizens’ rights. Otherwise, this swear will be only a joke empty phrase, reserved only to make justice when you skin color is white, blue eyes and blond hair. But not a black or Latin American likes me. American constitution is for everybody, for every citizen without any distinction of ethnic, religion, sexual or political orientation. It is for all. Today, November 5, 2008, you are still my president and it will be until next January 20 at noon. This is your responsibility, if the people surrounded to you were not capable to act according with their oath, which not justify that you can still act. With all due respect to you as still president of my country. I am requesting: Both the United States of America and Denmark are signer of the International agreement know as Vienna Convention on Consular Relation of 1963. • That the United States of America, stand up behind me and emit a protest to the respective Danish authority for this police brutality, lack of judicial guarantees and abuse of power from Danish authorities against my person, one of your own citizen. That the government of The United States of America, stand up behind me and request a full investigation to USA authorities responsible and in silence until


Friday, November 5, 2008 today to guarantee me my protection rights, stipulated at: Vienna Convention on Consular Relations of 1963. Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596 UNST 261. That in the same way, the United States of America stands up behind me and request to Danish authorities an appropriate answer for the violations that I have been victim, and according: Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596 UNST 261. Where both countries are signers and responsible to respect. Due that I am a low income person. I request I will be provided with all legal guarantees and information that allowed me to request the support of a lawyer, from whatever Federal program for protection of my legal guarantees to American citizens. For protect my American citizen legal rights in whatever context, both in USA and International court if it is required. (I already requested this to Mr. Michael Muckasey and Mr. Bill McCollum but it is keeping the same SILENCE as an answer). My previews request is due that it is amazing and incredible, that a foreign person from USA, processed in Guantanamo base, Cuba, they have more USA legal rights than me, an American citizen. I got not problem with that, if the USA judicial system allowed it, but I want to have my rights back too. That the United States of America, stand up behind me and request, Danish authorities stop sabotaging and putting obstacle to my lawsuit against Danish police, that guarantee me to have a fair and legal process and let my case free to go to the European Union Court of Human Rights (What it is both my lawyer and my will). This situation is only happening because the continuous silence and negative of USA embassy in Copenhagen, Denmark and until today respective USA authorities requested about this case and mention above. All must to be resolve according to law, and what it has making always The United States of America the great country that it is.

Please, Mr. President George W. Bush, there are plenty of time for you proceed correctly about this case and my petition. I hope you don’t drop my request as previews USA authorities mention above, and with this, let this responsibility to Mr. Barack Obama, because what it is not doubt is that I will be in silence about this and as soon as Mr. Barack Obama assume the administration I will be requesting receive the justice that belong to me from my country. So please, it is still in your hand and responsibility to resolve this problem. Mr. President, I got a question, your government and all the persons responsible for preserve my integrity and respect my rights, and they have failed, they will be willing when I decide to get back to the States to be responsible that I will not be a public charge to The United States of America because I was become a handicap for the racist behavior of these Danish police officers? I was a healthy person, (today a handicap) capable for provide to my family and me by myself, I don’t want to be a public charge to the United States of America.


Friday, November 5, 2008 Other point, I would suggest with all due respect that you could analyze. This case will go eventually to the European Union Human Rights Court, it is just matter of time, and it is my will (and my lawyer in Denmark too), not matter how many obstacles Denmark authorities can put for delay this moment (especially motivated by the continuous silence from your administration). Then when this time will be coming, (now it is not so far anymore) and then Denmark has to explain in front of European Union Human Rights Court, the following reasons: • • • Why these Danish officers beat me to the hell, without any justifiable reason. Deny me my International rights under Vienna Convention on Consular Relations of 1963, where both Denmark and United States of America are signers and committed to respect. And on the other hand, explain why in two consecutive court case open from them against me, Denmark authority hidden key documents (Justice Obstruction) to my lawyers in both cases, where a Danish state attorney or prosecutor Mr. Jens Rasmussen referred in his official statement, (the hidden document mention above, in hands of my actual lawyer Mr. Jan Schneider) that not justification for the way I was drastically treated by these police officers without a justifiable reason, and suggesting that basically not sanction at all will be applied to me. My question is then, how all these USA authorities will explain that in front a USA Federal court? Then how will be explain the continuous sabotage from the American embassy in Copenhagen, Denmark in direct responsibility of the ambassador Mr. James P. Cain and the consul Marilynn W. Rowdybush, (a consul that in my multiple visits together with my wife to the USA consulate NEVER EVER showed her face through the glasses of the consulate) plus the other USA authorities in silence since November 2, 2006? A big question, for what the tax payer money is used for? For to buy bicyclesshows “Tour de France-style”, to satisfy Mr. James P. Cain frustration dreams, meanwhile he is knowing and aware that one American citizen have been brutalized and he keep accomplish silence? Something is wrong here. A lot of things to explain in front a USA federal. Despite that International courts too.

A mention that the Danish prosecutor Mr. Jens Rasmussen, have had more courage and more dignity that these two USA ambassador and consul together. Meanwhile the ambassador Mr. James P. Cain and the consul Ms. Marilynn W. Rowdybush, they have been investing the time accusing me, sabotaging me, giving me guilty for granted and silencing my case. This Danish prosecutor, he didn’t want to be part of this fraud, or this big lie, from some bad named Danish police officers. He just did it for a simple reason; He is a honorable and decent member of the Danish Police Department. And he was strictly attach to the law, and not lying like these USA ambassador and consul. Mr. Jens Rasmussen, just saying the truth has been done much more for an American citizen that whoever of this bad named USA representative.


Friday, November 5, 2008 With all due respect, I appeal to you as my USA president to take this in your consideration. You can not stimulate, or reward dishonorable and bad behaviors, just because they are USA ambassadors or consuls, and at the same time, forget honest people from all around the World that stick with integrity with their responsibility, especially with it is relative to bring justice to an American citizen. Mr. Jens Rasmussen is my prosecutor, the person against my case, but I welcome his honesty, because it spoke straight and he was not part of those ashamed from the Danish judicial system. That is the reason why his statement, his letter was hidden, and negated to my lawyers in two consecutive court process. This have a straight word in American culture, and it is cheating!!! The American embassy has known this ALL THE TIME, and all the time they choose to keep in SILENCE. Where are my judicial guarantees and to receive a fair and honest process, that you swear once to protect and safeguard according USA constitution? For that reason my lawyer and me, we decide to present this case in front the European Union Court of Human Rights. And present this document as a proof and evidence of the lack of integrity of the Danish judicial system in the procedure of my case. My lawyer information: Advokatfirmaet Tommy V. Christiansen (Law firm) Mr. Jan Schneider. Lawyer Søren Frichs Vej 42A 8230 Aabyhøj, Aarhus Denmark Phone +45 7011 0800 Fax +45 7011 0801 Mr. President, you swore something like this two times "I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." And I am protected by this same constitution, and because of that I expect you make honor to this words. Please, realize that I am not asking to you anything about to influence, determine, inside the Denmark political system, as continuously American embassy in Copenhagen, Denmark have been trying to justify their accomplish disrespect to my International rights before. What I have been requesting you, and with all due respect you assume the responsibility, as one day you promised to American citizens and then be strictly attach to the law. Whatever Denmark has been doing it will be required according to the law in the appropriate legal mark.


Friday, November 5, 2008 As you can see, I have been always respectful to all USA authorities, but at the same time with passion in my statements, without to lack the respect to anybody. This always has been prevailing in my attitude. I am assuming all the legal responsibility that concern to my statements and it is because I can demonstrate it. My intention is always to stick with the law. Until here my letter, sorry for take your value time, but I hope that you understand the point that if I am writing to you today requesting your intervention, it is due that persons in your administration and USA Authorities, all of them have failed before to do their respective job. So none of them have to be afraid to face a USA federal court and I assume that they will have good reasons why they decide, with their silence to negate to me, an American citizen his protection rights with the intention to benefit an external power instead. And settle this according to the law as the best practice of The United States of America. My wife Gitte Toldsted, as a legal wife from an American citizen she want write to you too, and it is due that Danish authorities after been requested by her, (And some USA authorities too) all of them are in the same syndrome SILENCE mention above. Once again, sorry for this long letter and I appreciate your value time and comprehension. Waiting news from you ahead. Sincerely.

Mario Herrera. Hjortervej 2. Horsens. 8700 Denmark. Tel. +45 2929 5209