They Deny Transfer To Z-40 From Chiapas To The Altiplano

 "Ivan" for Borderland Beat 

Under the argument that the federal Constitution establishes that persons deprived of their liberty will be interned in penitentiary centers near their home, the former leader of Los Zetas intended to return to the maximum security prison of Almoloya de Juárez.A little more than six months after being transferred to the maximum security prison in Chiapas, from Michoacán, the alleged drug trafficker Miguel Ángel Treviño Morales "El Z-40", former leader of the Los Zetas criminal group, received a new judicial setback in his attempt to be referred to the Federal Center for Social Readaptation (Cefereso) number 1 Altiplano, in Almoloya de Juárez, State of Mexico.

A Unitary Court of the Twentieth Circuit denied the support and protection of federal justice to the Tamaulipas in his attempt to reverse the rejection of the request for transfer that he made in December of last year by a District Judge Specialized in the Criminal System Acting accuser of Execution Judge of the Federal Criminal Justice Center in the State of Chiapas, based in the city of Tapachula.

"Z-40" intended to take advantage of a voluntary transfer from Cefereso number 15 "CPS Chiapas", with residence in Villa Comaltitlán, Chiapas, where he is currently being held, to Cefereso 1 "Altiplano", where he has already been on at least three occasions above, arguing in their favor that Article 18 of the Constitution establishes that persons deprived of liberty must be interned in a penitentiary center close to their home.

Treviño Morales's defender, Marco Antonio N., assures that the contested determination is detrimental to the guarantee of due process, since most of the district courts where federal criminal and extradition proceedings are instructed against the aforementioned character are in the city ​​of Toluca, in the State of Mexico, in addition to the fact that he does not have the category of sentenced but is in the legal situation of being prosecuted.The objections raised before the District Judge who rejected the request for voluntary transfer, and later before the Unitary Court, were not sufficient to achieve their purpose, since the amparo magistrate clarified that "although it is a fundamental right of the inmate that the preventive detention is carried out in the penitentiary center closest to the place where the criminal procedure is carried out; It is also true that it is not an unconditional or absolute right, because it is restricted or limited to the provisions of the last paragraph of the aforementioned constitutional article.”

Indeed, article 18 of the Federal Constitution, as well as the provisions of number 50 of the National Law on Criminal Enforcement and 45 of the Federal Law Against Organized Crime, establish that “when the person in prison is instructed to process for the crime of organized crime, will have to be confined in a special center in order to have the necessary security measures and facilities for the comprehensive protection of the defendants themselves and the reduction of flight risks.

“Therefore, persons subject to preventive detention or who have been sentenced for the crime of organized crime, will not have the right to comply with that precautionary measure or serve their sentences, respectively, in the penitentiary center closest to their home, in the place where the criminal process is processed or for the reason that considers its transfer necessary”, resolved the Unitary Court by denying the protection to the complainant.

Miguel Ángel Treviño Morales, detained by elements of the Secretary of the Navy on July 15, 2013 in the limits of Anáhuac, Nuevo León, and Nuevo Laredo, Tamaulipas, has toured several federal prisons in the country, in an attempt to prevent him from escaping. or assume control roles in prisons. He thus he has been in the Ceferesos number 1 Altiplano (three times); 2 Puente Grande, Jalisco (three times); 9 in Ciudad Juarez; 11 Hermosillo; 13 Oaxaca; 17 Michoacan; and now at number 15, in Chiapas.

"Z-40" is currently subject to 12 criminal cases in district courts of the states of Mexico, Jalisco and Tamaulipas, as well as an international extradition procedure before the First District Court of Federal Criminal Proceedings in the Federal District. His brother, Omar Treviño Morales "Z-42", also a prisoner, has been a guest of the main maximum security prisons in the country, prosecuted in most of the same matters as his brother.

The Los Zetas criminal group that the Treviño Morales allegedly led is implicated in the massacre in Morelia, Michoacán, during the celebration of the cry of Independence in 2008; the summary execution of 72 Central American migrants in 2010, in San Fernando, Tamaulipas; the kidnapping of another 145 undocumented immigrants at the beginning of April 2010 in the same entity; or the terrorist attack in August 2011 by setting fire to the Casino Royale, in Monterrey, with a balance of 52 dead; in addition to bloody riots and fights in the prisons of Apodaca and Topo Chico (now defunct), in Nuevo León, during the present decade. They are also implicated in the murders of journalists in Veracruz and Mexico City.

ZETA TIJUANA