Extradition From Colombia—Diego Fernando Murillo

Colombian President Alvaro Uribe has announced that “warlord” Diego Fernando Murillo can avoid extradition to the United States if he complies with a peace accord and quits committing crimes.^[1] The announcement has prompted indignation from United States Ambassador William Wood who said “We are … disappointed that they have decided to temporarily suspend implementation” of the extradition treaty.^[2]

Mr. Murillo is wanted in New York for allegedly exporting tons of cocaine to the United States, and the Colombian Supreme Court authorized his extradition on September 7.^[3] However, President Uribe has made it clear that abiding by the ongoing peace process between the Colombian government and paramilitary rebels can result in some leniency.^[4] The peace process has been controversial because it allows the paramilitary leaders to keep drug profits and to avoid lengthy jail sentences, but so far nearly 11,000 paramilitary fighters have laid down their arms.^[5]

Ambassador Wood is particularly upset because President Uribe stated in 2004 that “extradition is not a subject for negotiation.”^[6] Therefore, Ambassador Wood, argues, there “can be no impediment to his extradition for the very serious crimes with which he is charged.”^[7]

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[1] Andrew Selsky, U.S. Objects Warlord Avoiding Extradition, Associated Press, Sept. 29, 2005, available here.
[2] Id.
[3] Id. See also our post on the Colombian Supreme Court’s decision, here.
[4] Selsky, supra note 1.
[5] Id.
[6] Id.
[7] Id.

Extradition from Europe—Expediency

FBI Director Robert Mueller is in Scotland^[1] calling for European governments to speed up the extradition of terrorist suspects to the United States.^[2] While European human rights groups feel a threat to domestic civil liberties from the expansion of American jurisdiction, Director Mueller claimed that the United States thinks “we owe it to the victims of terrorism to see to it that justice is done efficiently and effectively.”^[3]

Director Mueller pointed to the United Kingdom as a government with which the United States has an extremely effective relationship.^[4] In doing so, he suggested that other European countries should tailor their extradition policies to expedite the extradition of terrorism suspects.^[5] However, the extradition framework between the US and the UK is extremely controversial, a matter which we have previously addressed here.

As a side note, Director Mueller seemingly confirmed some of the fears that other nations might have about the reach of American jurisdiction. He referred to the FBI as a “global law enforcement agency” while he called for an expansion of international partnerships.^[6]

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[1] Robert S. Mueller, III, Speech at National Academy Associates European Retrainer, Edinburgh, Scotland, Sept. 27, 2005, available here.
[2] Jimmy Burns, FBI Chief Seeks Faster Extraditions from Europe, Fin. Times, Sept. 28, 2005, available here.
[3] Id.
[4] Id.
[5] Id.
[6] Mueller, supra note 1.

Posada Update—No Deportation to Cuba or Venezuela

Immigration Judge William Abbot has ruled that Luis Posada Carriles cannot be deported to Cuba or Venezuela.^[1] The decision is something of a surprise because it was expected in a couple of weeks.

In the ruling, Judge Abbot found Mr. Posada “deportable as charged in the Notice to Appear,”^[2] Nonetheless, Judge Abbot cited concerns that Venezuela would torture Mr. Posada if he returned to Venezuela, an argument which Venezuela strongly denies.^[3] Maria del Pilar Hernandez, Venezuela’s Deputy Minister of Foreign Relations, questioned how Judge Abbot could find evidence that Venezuela would torture Mr. Posada “since Venezuela’s constitution specifically prohibits it.”^[4]

However, Judge Abbot’s ruling lists a number of factors that led to his decision. He noted that “absence evidence to the contrary,”

• torture exists in Venezuela, although not on a widespread scale;
• the notoriety of the crime of which he his charged does not immunize Mr. Posada from possible torture;
• Cuban authorities, as a matter of official policy, engage in the systematic torture of detainees for the purposes of extracting information, intelligence, and confessions;
• existing cultural, political, and economic ties between Cuba and Venezuela make Mr. Posada’s case problematic because it appears plausible that Cuban agents may be allowed to interrogate Mr. Posada while he is in Venezuelan custody; and
• there is nothing in the record to suggest that Venezuelan authorities would prohibit such a practice, and thereby acquiesce in the torture of Mr. Posada by Cuban agents.^[5]

Based on those factors, Judge Abbot ruled that Mr. Posada qualified for deferred removal.^[6] However, because Mr. Posada was convicted of a serious homicidal crime committed outside the United States, he does not qualify for withholding of removal.^[7] Therefore, it is likely that Mr. Posada will be deported to another country, but for the time being, Mr. Posada will remain jailed for at least 90 days.^[8]

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[1] Alicia Caldwell, Judge Says Cuban Militant Can’t Be Deported to Cuba or Venezuela, Associated Press, Sept. 27, 2005, available here.
[2] In re Posada-Carriles, No. A-12 419 708 at 2 (Imm. El Paso, 2005), available here.
[3] Vanessa Arrington, Cuban Media Blasts U.S. for Not Sending Militant to Venezuela, Associated Press, Sept. 28, 2005, available here.
[4] Id.
[5] In re Posada-Carriles, at 6.
[6] Id. at 7.
[7] Id. at 5.
[8] Caldwell, supra note 1.

Extradition from Mexico—Richard Flores

An El Paso man who was captured in Juárez, Mexico, may not be extradited to the United States for another two years.^[1] Richard Flores was arrested by Mexican authorities on September 23 after being sought since April 29, when the body of his 20-year-old girlfriend was found wrapped in plastic bags in the closet of his home.^[2] Even though Mr. Flores is a US citizen, there are no assurances that Mexican officials will extradite him. As El Paso District Attorney Jaime Esparza says, extradition “is a process that will go through the courts in Mexico. He can fight the extradition on several grounds. The usual ground would be that he has ties to Mexico and that those ties are so strong he should be kept in Mexico.”^[3]

The extradition treaty between the United States and Mexico does not bar Mexico from extraditing Mr. Flores simply because he has ties to Mexico. However, unless the United States provides assurances that Mr. Flores will not face the death penalty, Mexico is not obligated to extradite him.^[4] Mexico may still elect to do so, but it is not obligated to because Mexico does not impose the death penalty. Furthermore, Mexico is hesitant to extradite individuals who may face life in prison because most Mexican states have laws that limit total prison sentences to no more than fifty years.^[5]

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[1] Tammy Fonce-Olivas, Suspect’s Extradition May Take Two Years, El Paso Times, Sept. 27, 2005, available here.
[2] Id.
[3] Id.
[4] Extradition Treaty, May 4, 1978, U.S.-Mex., art. 8, 31 U.S.T. 5059.
[5] For information on this aspect of Mexican extradition law, please see out post about it here.

Posada Update--No Rebuttal of Torture

Immigration Judge William L. Abbot has stated that he is “more inclined” toward Luis Posada Carriles’s argument than that of the government, but he hasn’t made up his mind whether to deport the Cuban militant to Venezuela.^[1] Mr. Posada’s argument, which Immigration Judge Abbot says has been proven, is that he will be tortured if he is returned to Venezuela.^[2] The federal government said that it would not directly rebut Mr. Posada’s claims that he would be tortured if sent to Venezuela, but noted that while they had concerns about Venezuela’s ties to Cuba and its legal system, they had no specific evidence whether Mr. Posada would be tortured if sent there.^[3] We have previously discussed Mr. Posada here.

A decision is expected from Immigration Judge Abbot within two weeks.

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[1] Alicia A. Caldwell, Government Doesn’t Rebut Militant’s Torture Claims, Associated Press, Sept. 26, 2005, available here.
[2] Id.
[3] Id.