Extradition from Mexico—New Standards

In a rather surprising turn of events, the Mexico Supreme Court has ruled that defendants facing life sentences can be extradited from that country.^[1] Mexico will still refuse extradition in cases where the death penalty will be imposed.^[2]

The decision is surprising because, when we discussed the first inklings of a liberalization of that country’s extradition policies in early September, Mexico’s Justice Juan Diaz Romero said that it was his personal opinion that “court precedent still blocks extradition where life imprisonment was possible.”^[3]

Extradition will be possible in life-sentence cases because Mexico’s Supreme Court, in a 6-5 decision, struck down a constitutional ban on life imprisonment.^[4] The Court took up the issue after the northern state of Chihuahua modified its penal code to include life sentences for homicide and kidnapping.^[5]

The ruling means that the estimated 3,000 murderers who have fled to Mexico to avoid prosecution may find themselves subjected to extradition proceedings.^[6] While the US Embassy in Mexico had no comment about the ruling, Los Angeles County DA Steve Cooley was clearly excited, saying that his office is “getting into high gear to take advantage of this favorable decision.”^[7]

The extradition treaty between the United States and Mexico has no explicit provisions forbidding extradition in life-sentence cases; it had merely been a national policy that aggravated the United States. The treaty, however, does allow the countries to refuse extradition in the event the death penalty will be imposed.^[8] While the United States seemingly has no qualms about extraditing people to face the death penalty,^[9] Mexico outlawed the death penalty in June and will not extradite people who will be put to death.^[10]

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[1] Mexico Alters Extradition Rules, BBC News, Nov. 30, 2005, available here.
[2] Id.
[3] John Rice, Mexico Supreme Court Approves Virtual Lifetime Sentences, Associated Press, Sept. 6, 2005, available here.
[4] Mexican High Court Loosens Extradition Rules, CNN.com, Nov. 30, 2005, available here.
[5] Id.
[6] Id.
[7] Id.
[8] Extradition Treaty, May 4, 1978, U.S.-Mex., art. 8, 31 U.S.T. 5059.
[9] See, e.g., our post on Suwit Prasoprat, here.
[10] See Rice, supra note 3.