Mexico to Extradite More Suspects to U.S.

MEXICO CITY — Mexico's Supreme Court agreed Tuesday to allow the extradition of criminal suspects who face life sentences abroad, clearing the way for thousands of alleged killers and drug traffickers to stand trial in the United States.

The court's 6-5 vote ends four years of wrangling between the U.S. and Mexican governments over murder suspects who have been protected by Mexico's ban on life sentences.

U.S. lawmakers this fall threatened to cut off millions of dollars in aid to Mexico unless it turned over suspects in a number of high-profile cases, including the fatal shootings of a Los Angeles County sheriff's deputy and a Denver police detective.

Since 1978, Mexico has barred the extradition of its citizens accused of crimes that carry the death penalty. The Mexican Supreme Court extended the extradition ban in October 2001 to Mexicans facing life in prison, a penalty the court said violated the country's constitution as a cruel and unusual punishment.

Since then, U.S. law enforcement officials have complained that scores of Mexicans who committed crimes in the U.S. escaped justice by crossing the border and going home. In some cases, U.S. prosecutors have agreed to pursue reduced criminal charges, with lighter sentences, to persuade Mexican authorities to hand over suspects.

"We estimate there are 3,000 individuals who committed murders in the United States, several hundred in Los Angeles County, and fled to Mexico," said Los Angeles County Dist. Atty. Steve Cooley.

The ruling "is going to have a major impact, especially on the border states, but also as far north as Washington state," he said. "This means murderers who fled our country can be extradited and face the appropriate penalties. This is a big deal."

The court's 6-5 vote ends four years of wrangling between the U.S. and Mexican governments over murder suspects who have been protected by Mexico's ban on life sentences.

No, it doesn't end years of wrangling. The court decision only applies to life sentences in the state of Chihuahua.

Mexico Supreme Court approves virtual lifetime sentences, could affect extraditions

Diaz noted, however, that the Chihuahua law still does not explicitly call for a life sentence; it allows for consecutive terms that would amount to a life sentence in practice.
Diaz said his personal opinion was that court precedent still blocks extraditions where a life imprisonment was possible. But he said "there is a possibility" that situation could change.
"The fact of the vote at this moment gives us to understand that the criteria of the full court could have to change" if faced with another defendant's motion to block extradition, he said.
While the current decision applies only to the northern border state of Chihuahua, Diaz said "it is a criteria that eventually could be applied and extended to any other case."

There is more at International Extradition Blog: Extradition From Mexico

Most Mexican states have laws that limit total prison terms to no more than 50 years. Mexico currently refuses to extradite individuals to the U.S. if a life sentence will be imposed, which has caused frustration when suspects flee to Mexico after committing brutal murders.
There is nothing in the extradition treaty between the U.S. and Mexico that explicitly forbids extradition based on life sentences. Instead, this is somewhat like the situation in Colombia, which we have discussed here, where the country is hesitant to extradite individuals if a life sentence will be imposed.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.