Pubdate: Mon, 27 Apr 1998 Source: San Diego Union Tribune (CA) Contact: http://www.uniontrib.com/ Author: Gregory Gross MEXICAN JUDGE REJECTS EXTRADITION BID Alleged drug figure shielded; cooperation claims questioned The road to U.S.-Mexico cooperation against drug trafficking, never totally smooth to begin with, may be getting a bit rockier over the issue of extradition. A Mexican judge has rejected a request by the United States to send an alleged major figure in the Arellano Filix drug cartel to this country for prosecution. Judge Jorge Luis Silva denied the U.S. petition to extradite Arturo "Quite" Paez Martmnez on the ground that he is a Mexican citizen. The ruling itself was made a week ago, but made public only Friday. Paez is considered a high-ranking young lieutenant within the Tijuana-based cartel, one of the most powerful and violent in Mexico. He allegedly was so highly thought of within the organization that the Arellanos trusted him to collect and distribute millions of dollars in drug profits and payments, and even allowed him to run his own drug distribution network on the side, according to U.S. and Mexican law enforcement sources. His capture in November in Tijuana was considered a major triumph for Mexico's new Organized Crime Unit, and federal prosecutors in San Diego made no secret of their eagerness to bring him to the United States for trial, where conviction could put him behind bars for life. Silva's decision stands in sharp contrast to the continued stream of optimistic comments from U.S. officials, from drug czar Barry McCaffrey to San Diego's U.S. attorney, Alan Bersin, trumpeting a new era of cooperation between the United States and Mexico against drug trafficking. In a telephone interview Saturday, Bersin expressed continued confidence that Paez eventually would be extradited, despite the judge's ruling. "It was not unexpected," he said of Silva's decision. "The way the system works there, it's the Foreign Ministry that makes the decision. The court says if he's a Mexican citizen, that's a ground to refuse the extradition, but under the (U.S.-Mexico extradition) treaty, it's a matter for the Foreign Ministry to decide." Silva's ruling did not occur in isolation. As it happens, it comes: (Picture) About three months after a U.S. magistrate in San Diego agreed to extradite a pair of Mexican citizens, both suspected of organizing hit men for the Arellano Filix cartel, back to Mexico for trial. (Picture) Scarcely two months after the Clinton administration certified Mexico as an ally in the war on drugs, in the face of stern opposition in Congress. The certification process itself, mandated by Congress and reluctantly adhered to by the White House, is a source of deep resentment in Mexico. (Picture) Less than a month after Mexican Attorney General Jorge Madrazo ripped the United States over its efforts in the drug war. Madrazo's remarks were all the more stinging because he made them in the presence of McCaffrey, the Clinton administration's point man on drug control policy and perhaps Mexico's most ardent supporter in Washington. On the other hand, one Clinton administration official, who spoke on condition of anonymity, said Madrazo's blast was intended mainly "for domestic consumption," to appease Mexican nationalists who oppose almost any kind of close ties between Washington and Mexico City. "This is just a blip on the radar, nothing more than that," the official said. Mexico has its own reasons for hanging onto Paez. Aside from his alleged importance to the Arellano Filix organization, his arrest in November set in motion a pair of bloody retaliation attempts by the Arellanos. The first, on Nov. 14, left two Federal Judicial Police agents dead in front of the Tijuana federal courthouse. The second, on Thanksgiving Day, nearly killed Jeszs Blancornelas, publisher of the Tijuana news weekly Zeta, as he was being driven to work. His driver/bodyguard was slain, as was one of the ambushers, in the killers' fusillade. However, Paez is being held strictly on the U.S. request to extradite him. The Mexican government has yet to file a case against him. And the judge's order did not result in Paez being freed, Bersin pointed out. For years, extradition between Mexico and the United States has been a sore subject for both nations. Mexico has long had a constitutional ban on sending its citizens out of the country to face trial. It has been especially loath to extradite one of its citizens in a case involving capital punishment, particularly to the United States. The Mexican government is strongly opposed to the death penalty, which does not exist in Mexico. Many of the drug suspects sought for extradition in the United States also face drug and other charges in Mexico, and the Mexican government claimed a 96 percent conviction rate in drug-related trials last year. Mexican prosecutors have voiced frustrations, gaining convictions against major traffickers such as Hictor Luis "Guero" Palma only to see judges overturn the convictions or significantly reduce the sentences. However, Mexican prosecutors have had some success in overturning acquittals or sentence reductions for drug suspects. Meanwhile, Washington has been pushing Mexico City to extradite drug suspects, and there had been signs in recent years that Mexico was becoming more flexible toward extradition. Last year, for example, the Mexican government approved the extraditions of 23 fugitives from U.S. justice, 10 of whom were Mexican nationals. Five of the 10 were sought on drug charges. However, of the 13 fugitives actually handed over from Mexico via extradition, none were Mexican citizens. The 10 Mexicans whose extraditions were approved, including the five wanted on drug charges, have appealed those orders. Some of those fighting extradition are alleged major drug trafficking figures, such as Oscar Malherbe de Leon, said to be leader of the so-called Gulf cartel, who was captured in February 1997. So far, not a single major Mexican drug trafficker who is a Mexican national has been extradited to the United States. Juan Garcma Abrego, the man Malherbe allegedly replaced as head of the Gulf cartel after Garcma's arrest in 1996, eventually was sent to the United States, but only after the Mexican government concluded that he was in fact a U.S. citizen.