"Char" for Borderland Beat
This article was translated and reposted from INFOBAE
Relatives of 'El 85′ protested near the SCJN to request that his trial be resolved in Mexico.
WRITTEN BY: BARUC MAYEN
AUGUST 14, 2024
Relatives of Erick Valencia Salazar, alias 'El 85', demonstrated outside the Supreme Court of Justice of the Nation to demand that his criminal proceedings be carried out in accordance with justice. (Infobae México/Baruc Mayen)
With slogans such as “No to extradition!” and “Fair trial!”, relatives and lawyers of Erick Valencia Salazar, alleged co-founder of the Jalisco Cartel - New Generation (CJNG), held a protest outside the Supreme Court of Justice of the Nation (SCJN) to demand that a minister of the Highest Court take charge of the case.
The main request of the protesters, as well as Valencia's legal representation, is that he not be handed over to US authorities and that his case be resolved promptly in national territory.
In an interview with Infobae Mexico, lawyers Marco Cortes Rodriguez and Omar Gutierrez explained that Erick Valencia, alias 'El 85′, has no pending investigation or criminal proceedings in Mexico. “He is detained for extradition purposes only. All the investigations that at the time the Attorney General's Office wanted to exhaust were already prosecuted and he was acquitted.”
Valencia Salazar was first arrested in March 2012 by Mexican Army agents in Zapopan, Jalisco. More than five and a half years later, in December 2017, a judge in Puente Grande ordered his release on the grounds that there were violations of due process and a lack of irrefutable evidence to prove the defendant's responsibility in crimes such as organized crime and carrying weapons for the exclusive use of the Armed Forces.
In May 2018, the U.S. District Court for the District of Columbia issued an indictment against Erick Valencia for cocaine trafficking. In the words of his legal representatives, the investigations for this criminal charge would have derived in a possible violation of his rights.
“He is accused in the United States for a wiretap, they invaded his human rights without a court order, there was no technology judge that allowed the wiretap [...] A written copy of a phone call and that is the only thing they have as evidence”, the lawyers accused during the demonstration at the SCJN.
“There is no scientific, expert or congruent evidence where the Mexican State can say that Erick Valencia is guilty of what they are accusing him of,” the legal defense claimed.
“With this evidence they want to send him to foreign territory, then what is the use of our Magna Carta? Supposedly there is a principle of sovereignty. So if they are intercepting our communications, are we being sovereign?” added attorney Cortés Rodríguez.
As part of statements offered to the press during the rally at the seat of the Maximum Court, the defense of 'El 85′ assured that, so far, he does not have any legal advisor in the United States, because it has not been considered necessary.
“He firmly believes in Mexican justice, he believes he is going to stay here because he is not a criminal, simply because he carries a last name does not mean he is a criminal,” the lawyers assured.
Based on the indictment filed in the Columbia Court, authorities issued a provisional arrest warrant for extradition purposes against Erick Valencia, which was served in Tapalpa, Jalisco, on September 4, 2022.
Marco Cortés Rodríguez is one of the lawyers representing Valencia Salazar (Infobae México/Baruc Mayen).
“The fear is that they will listen to the U.S. with evidence that has no basis. Mr. Erick Valencia has all the confidence in the Mexican justice system so that they can determine whether he is guilty or not,” said lawyer Omar Gutiérrez to Infobae Mexico.
During the demonstration in the Historic Center, the lawyers acknowledged that a worker from the Liaison Unit of the SCJN had assured them that he would give them an appointment to follow up on the case. However, he did not set a date for this.
“What we want is for one of the ministers that make up the First Chamber of the SCJN to listen to us. Our interest is that he be tried here in Mexico, not only that he not be taken to the U.S., but that the Mexican justice system realize that they are making a mistake by having accepted Mr. Erick Valencia without evidence,” Gutiérrez told this newspaper.
Up to the date of the protest, none of the members of the First Chamber of the Court have explicitly expressed their interest in attracting the case of 'El 85′. In the event that this instance declines jurisdiction to handle this matter, the lawyers will go before the Collegiate Court based in Toluca, State of Mexico, to present the corresponding legal recourse.
FOLLOW-UP BY: CHAR
Manuel Espino Bucion on X states the following, " #LastHour an unusual event, lawyers, family and friends of Erick Valencia Salazar, “El 85” and ex-partner of “El Mencho”, protest in front of the SCJN to ask it to take over the case of his extradition to the US."
