[Article Subject: Extradition, Amparo, Capo's
Recommendation: Some prior knowledge of subject matter useful]
Dozens of Mexicans are in the view of the United States Authorities in order to be extradited: at least 50 have promoted Amparo's to prevent their delivery to American justice. Through trials of Guarantees, the most well known traffickers, some detained and some still fugitive, have expressed their fear of being abused or even sentenced to capital punishment. In many of the cases, the United States has not formalized a request of extradition for the Mexicans. The Supreme Court of National Justice, is entering the study of the order of extradition against Rafael Caro Quintero.
Reporter Luis Carlos Sainz Martinez and cortesia
From common criminals, mainly murderers and sexual abusers, leaders of criminal cells or the best known drug cartels capos, they top the list of extraditable Mexicans to the United States.
The exact amount of those who have been claimed for extradition by the United States is not known, but by each criminal organization they referred to dozens of hitmen, under bosses and capos.
At present, in the Federal Courts of the Country, half a hundred alleged criminals hold amparo actions against extradition they fear so much.
In the actual administration, of the surrender of nationals to the US Government there has been nothing as spectacular as in the previous six years, with landmark cases such as Alfredo Beltran Leyva "El Mochomo".
Narco traffickers like Joaquin "El Chapo" Guzman, Edgar Valdez Villarreal "La Barbie", Jesus "El Chango" Mendez, Miguel Angel Trevino Morales "El Z-40" and his brother Omar "El Z-42", have promoted amparos against their possible extradition since the first day they were detained, even though in many cases and extradition warrant has not been requested.
Regardless of fault and how the matter may swing legally, the trafficker expressed his fear to be extradited to the United States, tried, and that, in time, the death penalty could be applied.
Another tangible case is of the fugitive capo Rafael Caro Quintero, the one time freed, it was confirmed that he will have to serve 40 years in prison for the kidnapping and murder of the DEA agent, Enrique "kiki" Camarena Salazar and other Federal crimes committed on Mexican soil.
However, some fugitives fight legally against being taken and imprisoned in the neighboring country to the North. The amparo was sent to the Supreme Court.
Beltran Leyva Case
The extradition of "El Mochomo" on Saturday 15th of November 2014, hit the rest of the extraditables like a cold shower. In August of 2012 he was requested by the United States for processing before the Federal Court of Washington, District of Colombia.
Detained since January 2008, Alfredo completed more than four years segregation in the special treatment section of CEFERESO No.2 "Occidente", in Puente Grande, Jalisco. By means of an amparo he managed to get out of the segregation area.
Despite being punished in isolation, in the months that followed the ruling he could receive visits. US Justice Dept accused "El Mochomo" of taking direct actions of drug trafficking to that nation from his confinement in Federal Prison, where supposedly partner shared their profits with him.
The charges against the ex operations leader of the Beltran Leyva Organization, was that they are probable responsibility in the commission by criminal association to distribute controlled substances, 5 kilos or more of cocaine, 50 grammes or more to a kilo or more of heroin, more than a 1000 kilos of Marijuana, and knowing that these controlled substances were going to be imported illegaly into the United States.
A single witnesses hearsay referred to Alfredo Beltran Leyva involvement in the illegal business from within the Mexican Prison. It was enough for the Ministry of Foreign Affairs to authorize the extradition of the accused on November 26th 2013.
After the delivery of the brother of the extinct Arturo Beltran Leyva "El Barbas", killed by the Marina in an operation in 2009 in the state of Morelos
The amount of demands of amparo against the measure fired into the Mexican Courts.
Friends or enemies in the streets and in the prisons, the narco traffickers see the Americans as potential enemies.
Fear as defence, like "El Chapo"
Even though students of the law say that the crimes and penalties applicable in some countries subscribe to the agreements of extradition they must be similar, and they cannot apply the death penalty to an extradited suspect, to be one of the conditions, the narco trafficker Joaquin Archivaldo Guzman Loera "entered into panic" like strategy to persuade and convince Mexican Judges that they must not authorize his extradition to the United States.
After a year and some weeks of detetion, on the 22nd of February of 2014 in Mazatlan, Sinaloa, "El Chapo" Guzman already has promoted more than 10 amparos against possible extradition. The majority of which were dismissed as there is no current requirement for an order of detention, prosecuted by the other side.
The complaint 5/2015 filed before the Fifth Collegiate Criminal Court of the First District, for the dismissal of a claim for redress in a District Court, Guzman Loera called National Authorities "unconstitutional, authoritarian, and unpatriotic, the order or arrangement giving Ministerial and Judicial Authorities for building a process against me for extradition to the United States.
The incarcerated leader of the Sinaloa cartel also expressed his fear of being kidnapped to a secret prison of unknown destination where they can infer abominable tortures and declare me guilty of the commission of crimes that they say I have committed, and that way apply penalties up to the death penalty, which is expressly forbidden by the General Constitution of the Republic.
Against the Foreign Authorities he claims, " the commission of acts both future and imminent relations with his obstinate intention to extradite me to the United States of North America to be judged by this nation and with the application of cruel degradation, cruel or inhuman maltreatment, and with the testimony of paid, taught and protected witnesses, force me to plead guilty to serious offences I have not committed, with the execution of the unconstitutional order of extradition, related to the death penalty".
The complain produced its desired effect, because the Judges ordered the District Judge to admit the petition for relief filed by the Sinaloan to assume jurisdiction and at the appropriate moment issue the procedure, there are many judgements of guarantees of El Chapo in different courts pending.
The Zeta Brothers
As soon as he was apprehended on March 4th 2015, on the same day the drug trafficker Oscar Omar Trevino Morales "Z-42" leader of the criminal organisation Los Zetas, filed an injunction request against possible extradition to the other side of the Northern border.
The application for amparo of the Tamaulipan admitted to Federal CEFERSO No 1 supermax Altiplano, at Almoya de Juarez, Mexico, was sent to the Seventh District Court of Amparo in Criminal matters of the Federal District under file number 218/2015.
In his application "Z-42" claimed against the possible "temporary extradition and transfer to the United States of America, by the most viable executing agent the PGR, among other authorities. The judge granted the plaintiffs suspension to keep things in the state, while they resolve the judgement of Guarantees.
In the self diffusion of capturing Trevino Morales, the Director of the Criminal Investigation Agency, Thomas Zeron reported that the alleged drug trafficker is wanted by US Authorities on charges of conspiracy to commit crimes against health.
His brother Miguel Angel Trevino Morales "El Z-40", arrested in mid June 2013 is subject to extradition proceedings 2/2011, before the First District Court of Federal Criminal Proceedings in the Federal District.
Regardless, the currently dangerous "Z-40" is facing charges in 12 criminal cases in District Courts of State of Mexico, Jalisco and Tamaulipas, at any time could be subjected to a so called "temporary extradition" as has happened to the likes of Javier Torres Felix "El JT" or Sandra Avila Beltran "Queen of the Pacific", brought to America before returning to Mexico and confronting national justice again.
Caro subject to Court
The injunction promoted by the drug trafficker Rafael Caro Quintero against the arrest warrant for international extradition issued on the 10th of August 2013 by the Sixth District Court of Federal Criminal Proceedings in Mexico City, has now been pending for a year and a half.
Firstly, in October of 2013, a Federal Judge of Guadalajara met the trial of Guarantees, with Authority declined due to competence in March of 2014, by a Judge of Amparo of the 11th District Court of Criminal Matters of the Federal District in charge of the claim. On June 16th of 2014 the Capital Judge denied the amparo.
Caro Quintero then filed an appeal that was referred to the First Collegiate Criminal Court of the First Circuit, where after several months of indecision, claims, complaints, impairments and a series of delays, the Judges asked whether Ministers of the Supreme Court can resolve the complaint.
Currently the First Chamber of the Courts of Mexican Justice of appeals, are reviewing the appeal filed by Quintero against the recent confirmation of his 40 year sentence in prison for kidnapping and murder of Enrique Camarena and pilot Alfredo Zavala Avelar.
Extraditables on tenterhooks
With the formal petition of the Untied States made to the Mexican Government, successful or not, Mexican criminal suspects or their lawyers continually appear before the Courts to seek shelter and protection to avoid extradition. A number of them have been denied the recognition of violation of fundamental human rights. Other cases are still pending.
A list of the extraditables that ZETA has configured based on judgements of Guarantee, and declarations of the Governments of both countries is as follows.
Antonio Gonzalez Reynoso, Rigoberto Andrade Renteria, Mario Alberto Ramirez Trevino, Jesus Alfredo Salazar Ramirez, Adan Salazar Zamorano, Rafael Caro Quintero, Joaquin Archivaldo Guzman Loera, Jesus Mendez Vargas, Carlos Alberto Cerda Torres, Rafael Duarte Torres, and Agustin Flores Apodaca.
Also figuring are: Jose Antonio Torres Marrufo, Abraham Inzunza Inzunza, Mario Ismael Zambada Garcia, Valentin Saenz Cruz, Victor Emilio Cazares Salazar, Juan Francisco Sillas Rocha, Carlos Herrera Avalos, Ruben Garza Rodriguez, Noel Salgueiro Nevarez and Rafael Rivera Salomon.
Sergio Garza Trevino, Jesus Raul Beltran Leon, Arnoldo Ruedo Molina, Ramon Alvarez Ayala, Miguel Angel Guzman Loera, Victor Manuel Felix Felix, Juan Jose Alvarez Tostado Galvan, Miguel Angel Aramiz Herrera, Juan Jesus Flores Lara and Omar Trevino Morales.
In equal manner, Miguel Angel Trevino Morales, Francisco Javier Cantabrana Parra, Lucio Hernandez Lechuga, Juan Pablo Badillo Soto, Alfredo Andrade Parra, Vincente Carrillo Fuentes, Servando Gomez Martinez, Hector Beltran Leyva, Edgar Valdez Villarreal, Geraldo Alvarez Vazquez and Ines Coronel Barrera.
Original article in Spanish at Zetatijuana