lunes, 7 de octubre de 2013

Processed mistake

National The offenses that was imputed to him were common Processed mistake For: Carlos Damian September 10, 2013 Processed it by offenses of the federal jurisdiction therefore would leave free these days Mexico. - The Mexican drug-trafficker more powerful during the decade of the 80’s, it is from yesterday (9/8/13), Rafael Caro Quintero (RCQ) is a free man. RCQ, to 2 of the morning of that day he left the penitentiary Puente Grande. Little before had been carried to the preventive prison of the penitentiary complex, upon treading, and the freedom soil. In the course of the day, several national means of communication, in their pages of Internet, were informing that a Unitary Court with headquarters in Jalisco had conceded a habeas corpus to RCQ. After sources of the penal of Puente Grande and of the General district attorney's office of the State confirmed that RCQ had let the jail by the awoken and that the notice of the freedom order had been received from a day before. For the afternoon the Council of the Federal Judicature detailed that the First Court Associated in Penal Matter with headquarters in Jalisco State let without effect the charges that was weighing on RCQ by several offenses, between them the assassination of the ex agent of the DEA Enrique Camarena Salazar (EC). Upon solving the protection judgment 180/2011, the first Court Associated in Penal Matter (PTC) of the Third Circuit, established that the kidnapping and homicide offenses of Camarena and of Alfredo Salazar Avelar - occurred 7 of February and 1985 - by those which were blamed to RCQ had suppressed. The federal court also determined that they had cancelled other offenses that was imputed to him to the drug-trafficker: the homicide of Albert G. Radelat and John Clyde Walker; and by offenses against the health in its sowing modality, cultivation and crop of marijuana and possession of the drug in order to traffic in the mess Los Juncos and Montescos, in the state of Chihuahua, during 1984. "The attorney returns to have with this case faith in the justice. In this matter the justices were attached to right upon solving it", Jose Luis Guizar Abarca (JLA) assured, who was attorney of ACQ during the first years that this was in Puente Grande. So that it remained free the defending attorney explains that, when it was murdered EC and the other American, they did not had already any character of The States officials, no longer were working in a public dependency, they were common citizens. As soon as this matter was of the common, not federal jurisdiction, was tried the matter, there was the judgment and was cut such determination. On the other hand the president of the Attorneys Association of Penitentiary delves: "This matter did not have to have been considered by a federal judge but by a judge of the common jurisdiction. It was tried to a simple citizen and that was the mistake, that the attorneys finally were realized of this event". According to the versions of the attorney JGA, upon leaving free JCQ remained acquitted of the offenses that was indicated, in addition to that these already prescribed. "The judgment that had been dictated was by homicide. It was combated, in this case, not the fund of the matter but the fact of the fact that a federal judge saw the case and not the common jurisdiction based on that the deceased were simple citizen, no longer they were officials of the embassy" American, it added. It was ignored the criterion of the SCJN However according to the resolution of the PTC, superseded various causes of his judgment but condemned it in a most. Between the processes suppressed are found and kidnapping and assignment homicide against EC (former agent of the DEA) and of Alfredo Zavala Avelar (pilot). However with respect to the freedom of RCQ, the general attorney of the Republic (PGR), Jesus Murillo Karam (JMK), expressed that RCQ received an "absolution without judgment by a judge to which a court considered incompetent", though said that will observe the decisions of the Judicial Power of the Federation (PJ). He expressed absolute respect to the decisions of the PJ, nevertheless exists preoccupation before the resolutions dictated by the PTC and the Second Unitary Court of the same circuit, which permitted let in immediate freedom to the RCQ". The PGR informed through a press release that the headline of the PGR "supported that the PTC ignored completely the recent supported criterion hardly last March by the SCJN, since ordered to an authority that this considered incompetent by jurisdiction reason, that superseded the penal causes followed against RCQ, letting it at large (freedom), when of have applied the criterion of the SCJN. “It had to have transmitted the process to the judge that estimated competent so that knew of the judgment, since of the way in which happened, produces the absolution without judgment by a judge that the same Court, it consider incompetent". Because of this, JMK ordered to analyze the interposition of the resources that in terms of the law will be originating, in reason of the gravity of the illegal privation offenses of the freedom and qualified homicide , between other events, whose you victimize still claim justice. The Agency American Antidrug (DEA) said be concerned before the release of RCQ about processing mistakes and expressed its intention of achieving that he cappo di tutti capi geld it accused of murdering to one of their agents pays his offense, in The States. "DEA it is profoundly it concerned about the decision of a Mexican court of releasing to the infamous drug-trafficker RCQ", it said the organization in a communiqué. The American institution recalled that he cappo di tutti capi Mexican was the "brain and organizing" of the "heinous" kidnapping, torture and assassination of the agent of the DEA federal, EC alias Kiki, fact by the one which had been condemned to 40 jail years of those which by processed mistakes only fulfilled 28. DEA "will continue strenuously its efforts to be assured of the fact that RCQ face charges in The States by the crimes that committed", indicated the American agency. According to is shown in the official porch of the DEA, RCQ continues being a fugitive for the American agency. Federal government officials and sources of the defense of RCQ indicated that the government of U.S. never formalized the extradition request so that RCQ would be court in that country by the homicide of EC, neither by the traffic and distribution offenses of marijuana and cocaine. Makes some months DEA it launched an international alert to arrest this I geld, stop in April of 1985 in Costa Rica. In this context we have a series of various irregularities in the legal process against RCQ, since were stopped to him in April of 1985, and were begun to him a process by a federal offense in spite of the fact that this was not justified. Dante Haro Reyes add, investigating of the UDEG. "From the principle the political pressures, and above all international pressures of part of The States compelled to the fact that all the weight of the law fell on this criminal; however, what was pending was the fraudulent crime of homicide, but the problem is that was judged by the federal jurisdiction, while the offense was by the common jurisdiction, the local jurisdiction", it said. Also it recalled that EC, was an international researcher, his migrant status in the country was not of accredited diplomat, since if might have been the case, his homicide must have been taken by the federal justice. Due to the fact that never it was proven that the member of DEA might have entered; Mexico as diplomatic, the authors of his death must have been courts by the local authorities. "The offenses of the common jurisdiction are a little more lax, above all that part, and therefore from the legal point of view are finding an exit", it noted. Due to the facts carried out in the release, we have two readings in this situation. The first point is that was arrived to a tacit agreement to release it due to the irregularities that were complicating the legal process. The second point is that the federal government this attached to the legality, and before the inconsistencies, took the decision of making what is legally correct and released it. The specialist considered that the control that tape-worm in the 'Great House' since was considered the principal ringleader of the self-government in their interior, perhaps is not retorted in the national environment, since the situation that were lived when he was free is not the same of today. "The context from RCQ has changed what is sufficient concerning the divisions, atomization, among other things, more. Therefore it is seen difficult that could be, of some way to incrust their profile in the current Cartels; however, we imagine that they are economic problems, and must to explain yes goes quiet or is returned to impregnate in the dynamics. However must recall that in their moment was one of the bigger capos and now it is only part of the history". With these precedents would be better in observing to this personage of the organized delinquency all over the levels of government and control post - penitentiary and to have located to RCQ as state and federal safety measure, given the importance within criminal area. Noam Chomsky (June, 2013) "The Future of American Power". http://www.youtube.com/watch?v=x-BuiH4btOw (La Jornada, política, p.p. 1 -4, August 10, 2013).

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