Extradition From Mexico

Mexico’s Supreme Court has approved a state law imposing virtually lifetime sentences for certain murders, which could potentially ease some limits on extradition to the United States.^[1]

The Mexican state of Chihuahua passed a law that allowed consecutive prison terms for murders involving children, women, and kidnap victims, even when the total was greater than 100 years.^[2] Most Mexican states have laws that limit total prison terms to no more than 50 years.^[3]

While life sentences are still technically unconstitutional in Mexico, and the decision only applies in Chihuahua, American officials are apparently looking at this decision favorably.^[4] Mexico currently refuses to extradite individuals to the US if a life sentence will be imposed, which has caused frustration when suspects flee to Mexico after committing “brutal” murders.^[5]

Justice Juan Diaz Romero says, however, that it is his personal opinion that “court precedent still blocks extradition where a life imprisonment was possible. But he said ‘there is a possibility’ that situation could change.”^[6]

There is nothing in the extradition treaty between the US 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.

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[1] John Rice, Mexico Supreme Court Approves Virtual Lifetime Sentences, Associated Press, Sept. 6, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.