Translated by Otis B Fly-Wheel for Borderland Beat from a Zetatijuana article
Subject Matter: The extradition of Joaquin Archivaldo Guzman Loera
Recommendation: No prior subject matter knowledge required
Even though much has been made about his extradition being linked to the transfer to the Federal Penitentiary in Ciudad Juarez of the leader of the Sinaloa Cartel, he still has some "cards to play" to lengthen his stay in Mexico. Whatever prison holds him needs to be secure, refer the authorities. The Lieutenant of Guzman, "El Cholo Ivan", remains in "Altiplano".
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Reporter: Luis Carlos Sainz, photos, Nacho Ruiz/Saul Lopez/Cuartoscuro.com
It followed that as the operation was carried out to move the capo, it was because of the judicial opinion emitted by a Federal Judge of Mexico City, in which he expresses the viability of extraditing Joaquin Archivaldo Guzman Loera to the United States.
Opinion of Extradition
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The judicial opinion that refers to article 27 of the law of international extradition, is simply that, an opinion, which does not resolve to give or refuse delivery of the subject requested by foreign country. The last word is the duty of the Ministry of Foreign Affairs, and they will have 20 days to issue its ruling regarding whether or not they complete the extradition. (Otis: the judicial opinion just said that all of the requirements for the extradition are in place).
El Chapo Guzman Loera is required by the Government of the United States through their embassy in Mexico, before a District Federal Court of South California, for the charges of criminal association to import and posses with intent to supply cocaine.
The PGR has informed that they support all of the elements of at its disposal to support the process of extradition of the Capo before the SRE; for its part, the Mexican Foreign Ministry said earlier this week that it still has not received the dossier that will form its notification that the 20 day timer has started to run, that the law requires.
Juan Pablo Badillo, one of the Lawyers of Guzman, assured that he has already prepared a legal strategy to delay the extradition of his client to the American Union, taking the matter to the Supreme Court of Justice of the Nation. As well as, showing optimism that El Chapo will be transferred again to the Alitplano prison in a brief period as his transfer to Chihuahua was not authorized by a Judge.
Extradition Procedure Chart
Transfer to Ciudad Juarez
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However, the administrative Judge was declared incompetent to know the demand of Guarantees, that would be natural to a Judge in Penal matters.
The matter was referred to the Second District Court of criminal matters in Mexico City, where he promoted the Amparo petition 398/2016 against the Secretary of the Interior and other authorities. It called for a change of prison an extradition. However, the demand was not presented before the Court, as "El Chapo" had not ratified it.
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After comes the fourth phase, that is the determination that it submits to the Secretary for Exterior Relations (SRE) of the Federal Government, after that determination follows the fifth phase, that is the trial of Amparo, and this Amparo judgment has two instances: the first before a Federal Judge, and the second before a Collegiate Tribunal, or before the Supreme Court of Justice of the Nation, (SCN).
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Subject Matter: The extradition of Joaquin Archivaldo Guzman Loera
Recommendation: No prior subject matter knowledge required
Even though much has been made about his extradition being linked to the transfer to the Federal Penitentiary in Ciudad Juarez of the leader of the Sinaloa Cartel, he still has some "cards to play" to lengthen his stay in Mexico. Whatever prison holds him needs to be secure, refer the authorities. The Lieutenant of Guzman, "El Cholo Ivan", remains in "Altiplano".
Reporter: Luis Carlos Sainz, photos, Nacho Ruiz/Saul Lopez/Cuartoscuro.com
A series of contradictory notices about the prison transfer of the alleged narco trafficker Joaquin "El Chapo" Guzman Loera, of the judicial expression of a Judge to extradite him, the Amparo's promoted, declarations of functionaries, Lawyers and Journalists, maintain the confusion surrounding public opinion in relation to the future of this person.
It all started with the surprise transfer of the leader of the Sinaloa Cartel from the Maximum Security Prison of "Altiplano", in State of Mexico, to Cefereso #9 in Ciudad Juarez, Chihuahua, considered to be medium security and worse prison of the Federal prisons inspected in 2015 by the National Commission for Human Rights (CNDH).
It followed that as the operation was carried out to move the capo, it was because of the judicial opinion emitted by a Federal Judge of Mexico City, in which he expresses the viability of extraditing Joaquin Archivaldo Guzman Loera to the United States.
Some communication media sources, it was a matter of hours until the Sinaloan was handed over to the North American authorities; others expressed their opinion on the risk implicated in moving the narco to a prison were some of his accomplices are imprisoned, among them Jorge Ivan Gastellum "El Cholo Ivan"; and some others announced a possible attack against "El Chapo", because he has many enemies in the part of the frontier.
Then came the inaccuracies with the notes of the Amparo's. The first, promoted before a District Court Judge in administrative matters with base in City of Mexico, it had become apparent that thanks to this resource, it had hindered his extradition.
The second, promoted in Ciudad Juarez, stated that he was against the delivery of the capo to the United States authorities. Neither one, nor the other is real.
His international extradition process is still in the middle stages, and even after reaching the resolution issued by the order of provenance, Joaquin Guzman will have the opportunity to bring new actions of defense. On the subject, one of the Lawyers of "El Chapo" stated that they could entertain extradition for up to three years, which is not mere speculation. The special steps in the process must be completed one by one.
Opinion of Extradition
On Friday the 6th of May, a Judge of the Third District of Federal Penal Processes with base in Mexico City, in regards of the extradition procedure 3/2001, emitted the judicial opinion in that he considered proceeding with the international extradition of Joaquin Archivaldo Guzman Loera, required by the Government of the United States of America, Court of California.
The judicial opinion that refers to article 27 of the law of international extradition, is simply that, an opinion, which does not resolve to give or refuse delivery of the subject requested by foreign country. The last word is the duty of the Ministry of Foreign Affairs, and they will have 20 days to issue its ruling regarding whether or not they complete the extradition. (Otis: the judicial opinion just said that all of the requirements for the extradition are in place).
El Chapo Guzman Loera is required by the Government of the United States through their embassy in Mexico, before a District Federal Court of South California, for the charges of criminal association to import and posses with intent to supply cocaine.
The PGR has informed that they support all of the elements of at its disposal to support the process of extradition of the Capo before the SRE; for its part, the Mexican Foreign Ministry said earlier this week that it still has not received the dossier that will form its notification that the 20 day timer has started to run, that the law requires.
Juan Pablo Badillo, one of the Lawyers of Guzman, assured that he has already prepared a legal strategy to delay the extradition of his client to the American Union, taking the matter to the Supreme Court of Justice of the Nation. As well as, showing optimism that El Chapo will be transferred again to the Alitplano prison in a brief period as his transfer to Chihuahua was not authorized by a Judge.
Extradition Procedure Chart
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| click on image to enlarge, thanks to Chivis |
Even though the transfer of Joaquin Archivaldo Guzman happened on Saturday the 7th of May, the prisoner was removed from Cefereso #1 "Altiplano", the night of the day before, according to official paperwork SEGOB/CNS/OAPRS/19841/2016, which authorized the Ministry of the Interior to discharge the inmate from the prison at Almoloya de Juarez to Cefereso #9 "Norte", at Ciudad Juarez, Chihuahua.
While "El Chapo" was transferred by air to the Mexican frontier with Texas State, the Technical Director in replacement of the Director General of the prison "Altiplano", delivered the appropriate paperwork to the Courts dealing with the various Amparo's promoted, which were still awaiting resolution, to notify of the transfer.
The prisoner arrived at the Federal prison at Juarez, before 2am, at the end of an impressive operation, with exchange of custodians. Several dozen warders of Cefereso #9 were sent to "Altiplano" and vice versa.
In addition, they strengthened the perimeter security and the main streets and avenues of the border with Federal police and soldiers of the Mexican Army, with helicopter gunships over-flying the city.
One of the first risks advertised was of the presence of the leader of the Sinaloa Cartel in a Juarez prison; another was the supposed institutional debility of the prison, where on the night of 14th of March of 2014, 5 prisoners escaped, also the imprisonment of the enemies of the capo; and finally, a possible rescue attempt, by Sinaloa Cartel members or associates in this plaza.
The authorities justified the transfer, because of work being carried out at "Altiplano", even though they do not clarify if other prisoners also were transferred or would be transferred to other penitentiaries. The National Commissioner for Security, Renato Sales Heredia, clarified that on Wednesday the 11th of may, previous to the transfer of prisoner, a risk evaluation determined that this prison guarantees to maintain a prisoner of this high level of security.
During 2015 they carried out diverse works to Cefereso #9 to increase its capacity, and its believed, an area of maximum security, where Guzman is now housed; however, these improvements occurred after the National Diagnosis of Penitentiary Supervision (DNSP) 2015, which had a minus 6.3 qualification, as the worst of the Federal penitentiaries.
Another aspect that was given attention in communication media without knowing the cause, was the presence in that prison of "El Cholo Ivan" Lieutenant of "El Chapo", which turned out to be unfounded, because although he was in Ciudad Juarez last January, a few week later he was relocated to "Altiplano", from where he currently complains of absence of medical care and medicines.
The New Amparo's
After learning of the transfer, Lawyers of the alleged narco trafficker, who has no previous convictions for drug trafficking, presented a demand of Amparo before a Judge of the Third District in Administrative Matters in Mexico City (1005/2016), where a temporary suspension of the process was granted to him against the claim for order of extradition.
However, the administrative Judge was declared incompetent to know the demand of Guarantees, that would be natural to a Judge in Penal matters.
The matter was referred to the Second District Court of criminal matters in Mexico City, where he promoted the Amparo petition 398/2016 against the Secretary of the Interior and other authorities. It called for a change of prison an extradition. However, the demand was not presented before the Court, as "El Chapo" had not ratified it.
In Ciudad Juarez, associates of Guzman Loera presented another written solicitation of constitutional protection for acts of isolation and ordering the transfer of the subject.
The record stayed annotated in the Government books as number 384/2016 of a Judge of the Sixth District in the State of Chihuahua, this is pending resolution.
The last of the Amparo's was promoted Wednesday 11th of May before the primary Judge of the 10th District specializing in material, in Mexico City (420/2016), also against the Titular of the Government, whom, Joaquin Guzman claims acts of isolation, which are prohibited by article 22 of the Constitution, concerning deportation, extradition and its execution.
If the extradition of "El Chapo" is legal and not political, it will take two more years: Lawyer
The alleged narco trafficker Joaquin "El Chapo" Guzman Loera is subject to two procedures of extradition to the United States; each one has different stages, " and in this moment we would say that no less than one of them, is just half way down the long road that must be followed", the criminal Lawyer Gabriel Regino Garcia told Zeta.
He rapidly recalls the steps that follow in an extradition, they are as follows: first the United States Government orders the extradition. Later comes the second phase, dealt with by the PGR, who petition the intervention of a Federal Judge to start the procedure.
Later the Judge concludes the procedure emitting an opinion, that in the case of "El Chapo", already has taken place, assured the ex Sub-Secretary of Public Security in the then Federal District, between the administrations of Andres Manuel Lopez Obrador and Marcelo Ebrard Casaubon.
The last variable is dependant on the time that its going to take, the judicial defense that "El Chapo" has made against the extradition order, that will surely shortly be authorized by the Chancellery pointed out the litigant, who is also a teacher of criminology and adversarial systems at the Autonomous National University of Mexico (UNAM).
Regino emphasized that the extradition of "El Chapo" made by the United States cannot be a political decision. "We are in a State of Rights, or no less, that is what they have indicated.
Therefore we haveto adjust to the deadlines established by the political Constitution of the United States of Mexico and Amparo Act.
It would be a bad precedent to set, him being a media figure and criminally relevant, such as the case of Joaquin Guzman Loera, the Government made an impetuous decision.
I believe that is a mechanism not a solution to the phenomenon that we have seen, such as the fight against drugs, and its failure.
They took the impetuous decision that this natural, "only leaves in suspense the so-called rule of Law that is expected to exist in Mexico today", said Regino.
"There are legal mechanisms, there are mechanisms of defence, the Constitution provides them. There is no State of Exception, there are no special tribunals, it must not have been an authoritarian decision".
"I believe that later rather than earlier, Joaquin Guzman will finish up before and United States Court, where he will have, as all have, the right to a defence, and the right to negotiate, including his punishment", said the Lawyer.
On Tuesday the 10th of May, the ex Mexican Councillor Jorge G. Castaneda, explained in a notice to Radio Formula that he is now corresponding with the Secretary for Exterior Relations, Claudia Ruiz Massieu, to decide on the extraditions firmness in less than the 20 days prescribed by Law, before which, said the academic, he had no doubt " that its going to happen immediately, if not tomorrow, next week, we will enter a more complete situation if the Amparo will proceed or not, authorized by the narco trafficker.
The political scientist recalled that once " the secretariat of external relations signs, the process goes as if on automatic". If it turns out to be the case, the Lawyers and resources he has are much greater than has been available to any other drug trafficker in the last 15 years.
He indicated that "El Chapo" cannot be sent to any Court in the American State of Union where the death sentence is permitted, because the SCJN does not permit it. Before him, the ex Council foresees that the Leader of the Sinaloa Cartel will be sent to California, where said penalty has already been abolished.
However, the Lawyer Gabriel Regino does not agree with that affirmation, and assures that "El Chapo" could be extradited to whatever USA State that requires him, as is the case in Texas, where the said State still has the death penalty.
"Its a given that the extradition treaty between Mexico and the United States, established the clause that when the State or the crime for which he will be required could have the death penalty applied, the USA State that requires the criminal, must give sufficient guarantees, that in the case of being found guilty (the extradited), the death penalty will not be applied", signalled Regino.
"It has occurred in a great quantity of cases, in which Mexico has extradited, especially Texas, has an important number of criminals required by the USA, recalled the criminal Lawyer.
Original article in Spanish at Zetatijuana