Pubdate: Fri, 11 May 2001 Source: Dallas Morning News (TX) Copyright: 2001 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Author: Ricardo Sandoval EXTRADITION OF MEXICAN SEEN AS REFORM BELLWETHER Drug Traffickers Fear Imprisonment In U.S., Officials Say MEXICO CITY - Adan Amezcua, the "king of methamphetamines," was gloating after his arrest recently near Guadalajara, in western Mexico. It wasn't his first arrest, and Mr. Amezcua crowed that he would walk again. Mr. Amezcua had reason to gloat: Mexican prosecutors have a poor record of nailing high-profile criminals; systemic corruption and ineptness within their ranks cripple them. But Mr. Amezcua's hubris was short-lived. This week a judge in Guadalajara ruled that he must stay in jail while prosecutors prepare him for trial on charges of racketeering and using illicit funds to buy property. That appears to set up Mr. Amezcua for extradition to the United States, where he faces drug trafficking charges. If Mr. Amezcua is extradited, it would mark a major victory for Mexican authorities after an embarrassing series of setbacks. It would also cement Mexico's new attitude on exporting captured drug lords to the United States. Mexican officials used to view U.S. extradition requests as an infringement on Mexican sovereignty. But with the arrival of reformist President Vicente Fox and his new team of drug busters, extradition has become a potent weapon. This year, a Mexican Supreme Court ruling made it easier to extradite Mexican citizens to face U.S. indictments. Last week, Everardo "Kitty" Paez, allegedly a ranking member of the Tijuana-based Arrellano Felix drug syndicate, became the first Mexican extradited to the United States since the high court's ruling. "There is nothing drug traffickers fear more than doing time in the United States," said Ana Maria Salazar, former U.S. Defense Department drug policy administrator who now teaches at the Autonomous Technological Institute of Mexico. Extradition has worked so well that Mexican prosecutors think that infamous trafficker Joaquin "El Chapo" Guzman bought his way out of prison because he is high on the list of 17 Mexican "extraditables." Law enforcement officials said that some fugitives - including Mr. Guzman - have recently offered to turn themselves in to Mexican authorities, so long as they're not turned over to U.S. authorities. Officials ruled out making such deals with traffickers. While extradition and a series of arrests of cartel lieutenants are encouraging, analysts said, too many big fish are still beating the law in Mexico. Although Mexican authorities have managed to convict the brother of a former president on murder conspiracy charges, and an army general was linked to drug dealers, Mexico still has a poor record of nailing its high-profile criminals, legal analysts said. The real failure in Mexico, they said, is the country's attorney general's office. It's supposed to be the vanguard against organized crime and official corruption, but the agency is in disarray after years of corruption and poor management. Its new administrators said it will take years to repair the agency, known as the PGR in Spanish. "The great fantasy is that corruption has ended," said Rafael Macedo de la Concha, who left his Mexican Army prosecutor's job in December to become Mexico's attorney general. "The great reality is that [corruption] is there, and we are working intensely ... but there is much to do." Indeed, the loss column for Mexican prosecutors is long. Just last week, prosecutors received more bad news. * Former Mexico City Mayor Oscar Villareal Espinosa, accused of misappropriating $45 million, learned that a judge had barred prosecutors from jailing him when he returns from Nicaragua to face trial. * Fugitive banker Carlos Cabal Peniche may also skirt justice when he returns to Mexico from custody in Australia; prosecutors are scrambling to salvage a case that's being picked apart by judges. * News reports last week hinted that Mario Villanueva may soon turn himself in to Mexican authorities because he's confident that the government's case against him will also collapse. The former governor of Mexico's Caribbean state of Quintana Roo has been on the lam since the summer of 1998, when federal prosecutors revealed that they were close to indicting him on charges that he aided drug traffickers. Mexican legal experts said the country's crippled prosecutors and corrupt state and local police forces give major crime figures an understandable sense of comfort. "Systemic police corruption is only part of the problem," said Guadalupe Gonzalez, a criminologist with the Center for Economic Research and Teaching in Mexico City. "There are also confusing legal prerequisites in Mexico that hinder prosecutors. If you have the money for legal talent that knows how to obtain injunctions and is well connected, you can manipulate the system." When Mr. Macedo de la Concha first arrived at his Mexico City headquarters, he found an agency so corrupt that supervisors were auctioning off lucrative field assignments known to be subsidized by drug dealers. There were thousands of ignored PGR arrest warrants - so many that "criminals were walking the streets with impunity," Mr. Macedo de la Concha said. He also found dilapidated facilities and outdated equipment that he considered "an embarrassment." Worse, he found disturbing vacancies in investigative units - including 2,300 in just two key departments. Mexican criminal law is based on the labyrinthine Napoleanic system, which essentially forces the accused to prove their innocence. But the system also allows citizens quick protection from prosecution if they can convince judges that the government is acting improperly. Because of corruption and broad definitions, judges routinely hand out such injunctions, called amparos in Spanish. Ambiguous laws also allow judges to often discount police evidence as insufficient. "Combine that with poorly trained and educated investigators, and you have police and prosecutorial performance that's among the worst in the world," Ms. Gonzalez said. - --- MAP posted-by: Josh Sutcliffe