Salvador Cienfuegos Zepeda is a free citizen. Have open a research folder in the Attorney General’s Office (FGR), but will enter Mexico without drug trafficking charges that had been established in the US. So the former Secretary of Defense (Sedena) most likely can go home and rest in family company after a month in prison; or go back to a cell as soon as I set foot in your country.
It all depends on what the FGR does headed by Alejandro Gertz Manero, what has in his possession 743 pages where evidence is detailed from which Cienfuegos committed crimes related to organized crime and it would have benefited drug cartels.
Marcelo Ebrard, Secretary of Foreign Relations, said that the general returns to Mexico as a free citizen in full enjoyment of all his rights. Y Although the chancellor warned about the FGR folder, this, by itself, is not a guarantee that the former head of the Sedena will be arrested.
“The prosecution can initiate investigation folders of any person who it considers that they participated in the commission of crimes, but that does not imply that their freedom is restricted“, said Mario de la Garza Marroquín, lawyer from the Escuela Libre de Derecho.
On November 11, according to Ebrard, the FGR received all the evidence against the former head of the Sedena that was in the hands of the US Department of Justice. Six days ago the agency headed by Gertz Manero began, reactively, to fully enter the case.
But Garza Marroquín’s lawyer considered It is unlikely that in such a short period of time a file could be assembled to present it before a judge of and he would grant the order to arrest the general in retirement.
“It was like a reactive action in order not to remain in the political discovered to say: ‘hey, how can another country stop a person who acted in Mexico and in Mexico they have nothing’. I feel that the folder he is said to have was a more political than legal reaction.
“That folder could hardly be integrated and now they receive it in total freedom and it would be necessary to wonder if the Prosecutor’s Office is going to do something or not, with what the United States provided information, it could say: I no longer continue the case and I leave it there, but arriving in Mexico they will not stop him”, Stated the former president of the Mexican Bar, Colegio de Abogados AC
Even though legally, the case could be assembled expeditiously, the issue is political, The pressure from the Army took effect and the lawyer considered that it would be very difficult to act against the former head of the Sedena.
In order for an arrest warrant to be executed, there are certain procedures to comply with, which they would grant a margin of time to Cienfuegos Zepeda, Either for go home for a few hours or a few days; as well as go out on vacation to a country with which Mexico does not have extradition agreements.
I could even come forward voluntarily before the FGR or hide at the cost of the protection that their influences in the Army may grant them as well as powerful drug lords.
First, the FGR should consider whether it has the elements to request an arrest warrant, if so, I would make a request to a control judge, who will value granting the judicial document. When the petition is presented, it would mean that the folder is judicialized, he explained Victor Manuel Alonso Inclán, criminal lawyer graduated from La Salle Law School.
Thus, the general is innocent until proven otherwise. You can remain free, as long as a judge does not grant an arrest warrant and it is completed at your home or other address; either a few hours after it arrives in Mexico, after a few days, months or longer, depending on when the FGR acts.
Although the lawyers of Cienfuegos in Mexico, led by Rafael Heredia Rubio, were able to request amparos so that the former head of the Sedena was not arrestedThese would have already transcended, since they can be consulted online. According to Mario de la Garza Marroquín, the defense of the military knows that it does not even need that, because your case is political and is protected by the sector to which you belong.
At the same time, the general has every human right to defend himself, above all the presumption of innocence prevails. In Mexico there were no accusations against him and there were no suspicions of his probable criminal conduct.
On the other hand, the evidence that may be in the folder, be it audios, photos, videos, and other documents provided by United States authorities, would not have the same probative value in Mexico, Because, to obtain them, the formalities were not considered, considered Alonso Inclán, a professor in Law from the National Autonomous University of Mexico.
Even though the FGR could gather its own evidence, that means that time will pass, while the general will continue as a “free citizen.”. Your assets are not insured, your accounts are not frozen either. As he offered in his second hearing in the United States to be released, He had USD 750 thousand, the savings of his entire life.
Finally, de la Garza Marroquín considered that to the extent that it is not known how the general’s affairs will be processed, the perception of impunity is encouraged, with high rates per se in Mexico. Hardly, considered the lawyer, López Obrador can have such a close relationship with the Army (in social programs, construction of works, public security tasks and customs, distribution of medicines) if in the US there were a former head of the Sedena in the dock. La Salle’s specialist agreed on the latter, since the symbolic weight of the Armed Forces was notorious in the agreement of the Mexican and US governments.
“Maybe they also threw the hot potato at us to show us that our system does not work. It’s like a trap: there I’ll return you to Cienfuegos and the hot potato is on our side and let’s see what we do, sure the media in the US (New York Times Y Washington Post) will be very attentive and the note is the proof that this [el sistema de justicia] it does not work. The trap that you think you came out winning and after a while the cost is going to be very high, “said the graduate of the Escuela Libre de Derecho.
The general is expected to arrive on the afternoon of November 18, after the charges were dismissed in the US. Although the request of the United States Attorney’s Office also left the point open to an eventual reopening of the case, The authorities of the North American country hope that Mexico will proceed first, something that, as the specialists consulted have mentioned, would be complicated because it is a political issue.