PRESS RELEASE
SUPREME COURT OF JUSTICE OF THE NATION
No. 018 / 2004
México City. 13 April 2004THE SCJN SOLVES A DISAGREEMENT; TEXT 17/2002
The Supreme Court of Justice of the Nation (SCJN) concluded that if the [Mexican] Foreign Affairs Office fails to demand from the United States of America, the commitment of not to impose a life in prison sentence to those individuals who have been extradited, [such omission] would constitute a serious violation to the legal proceedings that grant an injunction against the extradition resolution, and such legal proceedings must be reinstated from the moment the above mentioned omission took place.The outcome of the aforementioned is the release of the requested individual, as long as said individual does not have to remain in prison for other reasons. If the violation to the [injunction] legal proceedings is rectified, the extradition proceedings will be allowed to continue, and the definitive arrest of the requested individual will be ordered.
This decision was reached by the Full Court of judges who solved the disagreement between the First and the Sixth Penal Courts of the First Circuit, regarding text 17/2002.In such a resolution the Full Court concluded that failure, on behalf of the [Mexican] Foreign Affairs Office, to require from the United States of America, the commitment addressed in Article 10, Section V of the International Law of Extraditions, would constitute a serious violation to the legal proceedings, because [the abovementioned Article] states that life in prison should not be imposed on extradited individuals, since it is interpreted, by the Supreme Court, as one of the sentences prohibited in Article 22 of the [Mexican] Constitution.
Translator’s note: All words that appear in [ ] were added by the translator, for clarification purposes only.Courtesy Translation by DOJ-CBI-FPU
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