By Carlos Alvarez
Saturday, September 12, 2020 06:32 PM
Víctor Manuel Méndez Cortés, head of the Fourth Unitary Court of the State of Mexico, refused to authorize Abigael González Valencia, alias “El Cuini”, to return to the North Preventive Prison of the capital of the Republic, so the leader of the criminal group Los Cuinis - partners and administrators of the economic resources of the Jalisco Nueva Generación Cartel (CJNG) - will continue to be interned at the Federal Center for Social Readaptation (CEFERESO), No. 1, El Altiplano, in Almoloya de Juárez, State of Mexico.
"The transfer of the now complainant constitutes res judicata and cannot be the subject of analysis under the terms and conditions raised by judicial controversy to invalidate his transfer, considering that it was already res judicata in another lawsuit," the federal judge indicated in his ruling.
Méndez Cortés indicated that "El Cuini" had previously filed an amparo in the Fourth Unitary Court of Jalisco, where it was determined that it was illegal for the prison authorities to transfer him from El Altiplano to the North Male Preventive Prison on February 14, 2019. However, on September 5, 2019, the Third Collegiate Court in Guadalajara confirmed the refusal.
At the end of January, González Valencia obtained an amparo granted by the magistrates of the Sixth Collegiate Court in Criminal Matters, who confirmed the sentence of Rosa María Cervantes Mejía, Twelfth District Judge of Amparo in Criminal Matters, who on July 29 determined rescind an agreement of March 25, 2019.
In this agreement, the Ministry of Foreign Relations (SRE) granted the extradition of "El Cuini" to the United States Government, where the Federal Court of the District of Columbia requires it for crimes comparable to organized crime, against health and money laundering.
On January 17, 2019, the same Sixth Collegiate Court in Criminal Matters of Mexico City granted an amparo to “El Cuini”, which obliged the Mexican Foreign Ministry to analyze the processes against the capo for crimes committed in Mexico and, based on this, whether or not to be extradited to the United States.
"El Cuini" is one of the 18 González Valencia brothers, and in the structure of the Cartel led by "El Mencho", he appeared as second in power and only below his brother-in-law, until his arrest on February 28, 2015 , in a restaurant in Puerto Vallarta, Jalisco, from where he was transferred to the Federal Center for Social Readaptation (CEFERESO), No. 1, El Altiplano, in Almoloya de Juárez, State of Mexico.
On August 17, 2018, the Ministry of the Interior (Segob) transferred him to the Federal Center for Social Readaptation (Cefereso), Number 14, in Gómez Palacio, Durango, highlighting that his profile required greater security. Later, on February 14, 2019, he was transferred to the North Prison in Mexico City.
In April 2015, the Sixteenth District Judge for Federal Criminal Proceedings in Mexico City ordered the provisional arrest of “El Cuini” for extradition purposes. This is because a court in Columbia, in Washington, requested the arrest of the kingpin for crimes comparable to organized crime, against health and money laundering, a process in which he is also linked to the Revolutionary Armed Forces of Colombia (FARC).
The Mexican Foreign Ministry granted González Valencia extradition on December 21, 2016. Then, on May 11, 2018, Rosa María Cervantes Mejía, Twelfth District Judge of Amparo in Criminal Matters, refused to grant the protection of justice to the brother-in-law of "El Mencho", within the judgment of guarantees 129/2017.
However, "El Cuini" filed an appeal for review, which was decided by the Sixth Collegiate Court in Criminal Matters with residence in the capital of the Republic, and that before, on October 11, 2016, it was of the opinion that he should be extradited, although established that the SRE should rule on whether or not its delivery should be deferred.
Deferred delivery, established in Article 15 of the Extradition Treaty between Mexico and the United States, provides for the postponement of an extradition when the claimed individual is subject to other ongoing legal proceedings or is serving a sentence.
When the Mexican Foreign Ministry granted the extradition of “El Cuini”, it stated in its determination that the existence of a criminal proceeding was not an impediment to handing him over to the United States, since in the extradition process it should only be determined whether the requirements of the treaty on the matter.
Despite the fact that the legal opinions of the judges responsible for extradition trials are not binding, the Sixth Collegiate Court on Criminal Matters of Mexico City determined that the resolution of the SRE did not comply with the provisions of the trial judge, in the sense of ruling on the deferral.
In the determination, the Collegiate Court specified that the Mexican Foreign Ministry must obtain a copy of a formal prison order issued against "El Cuini" on September 12, 2017, for the crime of homicide, in the Criminal Court of First Instance of the Judicial District of Catazajá-Palenque, in Chiapas.
The Sixth Collegiate Court on Criminal Matters of Mexico City also instructed the SRE to request a copy of the arrest warrant, not yet completed, which was issued against the extraditable in the First District Court of Federal Criminal Proceedings of Jalisco, for violation to the Federal Law on Firearms and Explosives.
Once it becomes aware of these files, then the SRE must issue its new resolution, which González Valencia could challenge through the amparo. "With freedom of jurisdiction, in a well-founded and motivated manner, [the SRE must rule] on the point made in the legal opinion of October 11, 2016, issued by the Sixteenth District Judge of Federal Criminal Proceedings."
On June 26, 2018, elements of the National Defense Secretariat (Sedena) and the Federal Police (PF) carried out an operation in the Virreyes Park Fractionation, in Zapopan, Jalisco, where they arrested the brothers Arnulfo and Ulises Giovanni González Valencia, brothers of the Cuini.
Before, on May 27, 2018, Rosalinda González Valencia, wife of "El Mencho", was arrested by elements of the Mexican Navy Secretariat (Semar), in Zapopan. While on January 2, 2016, Elvis González Valencia, was arrested in a private hospital located in the same municipality, after being wounded by a gunshot in San Miguel El Alto; however, in December of that same year he was released.
On April 21, 2016, Gerardo González Valencia, was arrested in Montevideo, Uruguay, and was identified by federal authorities as one of the financial operators of the CJNG. Likewise, José Luis González Valencia, alias “La Chepa”, “Camarón” or “Santy”, was arrested in Brazil in December 2017.
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