Mexico: The 1993 prosecution of Joaquín "El Chapo" Guzmán, a major drug trafficker, in Durango State, and subsequent civil action arising out of this prosecution; whether the prosecution resulted in the confiscation of Guzmán's assets by the Mexican authorities and whether despite his acquittal in 1996, property was not returned to him; whether Raul Salinas, brother of the former Mexican president, was one of Guzmán's defendants in the civil action (1993 to October 2000)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 18 October 2000 |
| Citation / Document Symbol | MEX35467.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: The 1993 prosecution of Joaquín "El Chapo" Guzmán, a major drug trafficker, in Durango State, and subsequent civil action arising out of this prosecution; whether the prosecution resulted in the confiscation of Guzmán's assets by the Mexican authorities and whether despite his acquittal in 1996, property was not returned to him; whether Raul Salinas, brother of the former Mexican president, was one of Guzmán's defendants in the civil action (1993 to October 2000), 18 October 2000, MEX35467.E, available at: http://www.refworld.org/docid/3df4be6824.html [accessed 5 November 2017] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
No reference to a 1993 prosecution of Joaquín "El Chapo" Guzmán, a major drug trafficker, in Durango State, could be found among the sources consulted by the Research Directorate.
However, two sources state that Guzmán was arrested on 9 June 1993 (La Jornada 27 Dec. 1997; PBS Feb. 1997). An AP report says that he was arrested in May 1993 in Guatemala and charged with the murder of Cardinal Juan Jesus Posadas Ocampo (AP 28 June 1997). Country Reports 1995 states that the May 1993 murder of the Cardinal at the Guadalajara airport was a "case of mistaken identity" and that the Cardinal's automobile had been mistaken for Guzmán's (1996, section 1a.). The 1995 International Narcotics Control Strategy Report (INCSR) states that Guzmán "was apprehended in possession of cocaine in Guatemala and turned over to Mexico" (Mar. 1996). The 1997 PBS profile on Guzmán states that he had been arrested in 1993 in Talisman, Chiapas State, for "narcotics, homicide, and cocaine trafficking" and was being held at a maximum security prison in Toluca, Mexico State (Feb. 1997). Please consult MEX21417.E of 6 September 1995 for additional information on Guzmán's arrest in 1993 and the Cardinal's murder.
In 1995, Guzmán was sentenced to 15 years imprisonment for 1993 charges stemming from cocaine possession in (INCSR Mar. 1996; La Jornada 11 May 1995). INCSR added that following Guzmán's conviction, the Mexican government confiscated his assets and froze his bank accounts to assist in other drug-related investigations (ibid.). La Jornada reported that in addition to Guzmán's prison sentence, his guilty verdict also included a fine of 281,137 new pesos ($44,982 CDN) (11 May 1995). The same report stated that Guzmán was facing other criminal charges in seven trials (ibid.).
1997 reports state that Guzmán was acquitted on various criminal charges (AP 28 June 1997; The Seattle Times 12 Mar. 1997; The Washington Post 14 Dec. 1997). In March 1997, Guzmán was acquitted of the crime of bribery by a Guadalajara court (The Seattle Times 12 Mar. 1997).
In response to Guzmán's acquittal on some of the criminal charges, La Jornada reported on 12 April 1997 that he would still face 13 years imprisonment as dictated by two guilty verdicts (sentencias condenatorias). One guilty verdict, which dictated seven years imprisonment, was final, while the second verdict was being analysed in an appeal court (ibid.). In April 1997, Guzmán was also a defendant in three concurring criminal trials in the states of Jalisco and Mexico on charges of homicide, criminal association (asociación delictuosa), bribery and crimes against health in the form of possession and trafficking of cocaine (co-hecho y delitos contra la salud, en su modalidad de posesión y tráfico de cocaína), crimes against judicial officials (contra la administración de justicia) and influence peddling (tráfico de influencias), for possession of arms used only by the army (por portación de armas de uso exlusivo del Ejército), gathering of weapons (acopio de armas), wrongful use of insignas (utilización indebida de insignias), impersonation of a public officer and illegal deprivation of freedom in the form of kidnapping (usurpación de funciones y privación ilegal de la libertad en su modalidad de secuestro) (ibid.).
In June 1997, he was acquitted of homicide, kidnapping and weapons charges (AP 28 June 1997; The Washington Post 14 Dec. 1997). Even though Guzmán had been acquitted by a court in Toluca, Mexico State, for his alleged involvement in kidnapping and killings of nine associates of Miguel Angel Felix Gallardo, a leader of the Tijuana Cartel, he remained in a Jalisco State prison on charges related to the murder of Cardinal Juan Jesus Posadas Ocampo and to drug charges (AP 28 June 1997).
In August 1997, Guzmán was sentenced to seven years imprisonment for wrongdoing and bribery of a witness in the Cardinal Posadas case (AFP 2 Aug. 1997). The Attorney General's Office (Procuraduría General de la República, PGR) had successfully appealed the case after Guzmán had been absolved of charges related to the death of the Cardinal in an initial trial (ibid.). The AFP report states that Guzmán had accumulated 20 years worth of sentences (ibid.), while the INCSR for 1997 similarly reported that he had been tried and sentenced to 21 years in prison (Mar. 1998).
With regards to confiscation of Guzmán's property, Reforma reported in July 1999 that the PGR had seized 148 automobiles and 72 properties belonging to various drug lords, including Guzmán, from the metropolitan area of Guadalajara (26 July 1999). The report adds that the goods had either "disappeared" or that their legal status had been unknown. In January 2000, Reforma reported that a house previously owned by Guzmán in Zapopan, Jalisco, and confiscated by the PGR on 7 June 1993, was being rented by Luis Valencia Valencia, an alleged leader of the Milenio Cartel (7 Jan. 2000).
No information on whether civil actions were being carried out with regards to Guzmán's property could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Agence France Presse (AFP). 2 August 1997. "Le chef du cartel de Sinaloa condamné à sept ans de prison." (NEXIS)
The Associated Press (AP). 28 June 1997. "Drug Lord "El Chapo" Guzman Loera Has Been Acquitted ... " (NEXIS)
Country Reports on Human Rights Practices for 1995. 1996. United States Department of State, Washington, DC: United States Government Printing Office.
International Narcotics Control Stategy Report (INCSR), 1997. March 1998.
International Narcotics Control Stategy Report (INCSR), 1995. March 1996.
La Jornada [Mexico]. 27 December 1997. Cayetano Frías Frías. "Cumplió El Güero Palma su sentencia relativa a portación de arma de fuego."
_____. 12 April 1997. Juan Manual Venegas. "El Chapo no saldrá libre; tiene varios procesos pendientes: PGR."
_____. 11 May 1995. "Condenan a El Chapo Guzmán a 15 años por delitos contra la salud."
Public Broadcasting Service (PBS). February 1997. "Guzman-Loera Cartel."
Reforma [Mexico]. 7 January 2000. "Renta PGR casa a narco."
_____. 26 July 1999. "Desaparecen bienes asegurados por PGR."
The Seattle Times. 12 March 1997. "Mexican Officials Were Bribed, Says Jailed Drug-Cartel Member."
The Washington Post. 14 December 1997. John Ward Anderson and Molly More. "Corruption in Mexican Courts Hinders War Against Drug." (NEXIS)
