Mexico City – Even with the climbing number of successful extraditions from Mexico in recent years, the process is anything but certain. Just ask Americo Delgado, a prominent Mexican lawyer who has successfully kept some of the country’s most notorious drug lords out of American courts.
Among his clients is Jesus Amezcua, the “king of amphetamine,” whom a Mexican court declined to extradite in 2002.
Delgado warned that those who believe it will be easy to return alleged cop-killer Raul Garcia-Gomez to Colorado may be sorely disappointed.
“Here, the one who has the power to decide these cases is the courts, and they will have their say. It’s not a question for the president or the foreign ministry. It’s a question of protecting the rights of Mexican citizens,” Delgado said.
Last year, 20 Mexican citizens were extradited to face trial for crimes committed in the United States. Before 2001, none had been. A 2001 decision by the Mexican Supreme Court declaring extradition constitutional made the difference.
But that was hardly the final word. Lower courts have chimed in, and the Supreme Court clarified its earlier decision, stating that no one would be extradited to face the death penalty or life in prison without parole.
The U.S. Embassy has hundreds of pending extradition cases, some in various stages of appeal for as long as four years, officials say.
Sen. Ken Salazar, D-Colo., said he spoke about the case Tuesday with U.S. Attorney General Alberto Gonzales and Mexican Attorney General Daniel Cabeza de Vaca.
“What that will mean with respect to this particular case, I don’t know, and I don’t think they know yet,” Salazar said. “They did tell me it was a case they were placing on the radar screen and they would be working very hard to get the matter resolved so he can be extradited.”
Just as observers looking for improvement in Mexico’s extradition record often point to an agreement this year to hand over Osiel Cardenas, an alleged major drug lord, more cautious experts point to Delgado’s victory in the Amezcua case.
The court found that even a promise not to seek the death penalty or life without parole may not be enough to allow extradition. A U.S. judge isn’t bound by a State Department guarantee, according to the Mexican court’s decision, and a promise by a local district attorney means nothing once that person leaves office.
The decision is important to the case of Garcia-Gomez, who sits in a prison in southern Mexico City, accused of killing Denver police Detective Donald “Donnie” Young and wounding a fellow officer.
Americans see the issue as one of justice denied. Many Mexicans see it as a question of protecting the fundamental rights of the country’s citizens.
Enshrined in Mexican law is the notion that all prisoners should have the chance at rehabilitation, something that can’t happen if a prisoner is never released.
Denver police Division Chief David Fisher said he has received assurances from the Mexican government that it will do everything it can to return Garcia-Gomez to Denver. And embassy officials say they still expect the case can be handled relatively quickly.
One possibility is that Garcia-Gomez would waive his rights to an extradition review and return voluntarily, a move allowed under a treaty between Mexico and the United States.
