The president of Morena in Mexico City, Sebastián Ramírez Mendoza, regretted the decision of the Chilean Court.
The measure contributes to the impunity that various officials and former officials of the Party of the Democratic Revolution (PRD) have incurred, said Ramírez Mendoza.
He stressed that Mauricio Toledo participated in the Commission for the Reconstruction due to the Earthquake of September 19, 2017, jointly with the late Leonel Luna and the PAN member Jorge Romero, who were accused of mismanagement in the destination of said resources in Congress. From Mexico City.
The brunette demanded that, despite this setback for Mexican justice, this and other cases of corruption do not go unpunished because the inhabitants of Mexico City “do not deserve it.”
“Extradition only proceeds for serious crimes, and those whose sentence does not exceed one year of deprivation of liberty would not be such, which would therefore be of little harm,” maintains the resolution that the Chilean Court issued this Friday.
“Article 1 of the Extradition Treaty that governs between Chile and Mexico establishes that it will be applicable only when the deprivation of liberty for the required crime does not exceed one year. For its part, article 3 of the aforementioned instrument establishes that it is appropriate to give rise to extradition with respect to crimes included in multilateral agreements signed by both countries, ”he adds.
The former delegate of Coyoacán is accused of possessing 55.3 million pesos in real estate and bank accounts, which presumably does not correspond to his income as a public servant.
The Prosecutor’s Office of the capital carried out the analysis of the patrimonial declarations of Toledo from 2006 to 2021, as well as the review of registry and notarial information of the Public Registry of Property, expert opinions on the value of the properties at the time of acquisition and information from their bank statements provided by the National Banking Commission.
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In the ruling of the Chilean authority it is stated that “the United Nations Convention Against Corruption (of which both Mexico and Chile are part) establishes that the extradition of the crimes established in said convention proceeds if these are also crimes under the law. internal of the States parties; and maintains that the extradition of the crimes included in the Convention will proceed, even if it is not a crime under domestic law, provided that domestic legislation allows it. In turn, article 20 of the same statute indicates, among such crimes, that of illicit enrichment, which in turn is typified and punished in the domestic legislation of both States involved in the present process.
For the Chilean Court, “the aforementioned provision must be interpreted in the sense that although the Convention makes the crimes of corruption that it typifies extraditable (even if they are not described in the internal legislation of the requested state), it likewise safeguards the minimum penalty of more than one year of deprivation of liberty, a requirement that must be fulfilled both with respect to the requesting State and the requested State.”
“Such a condition is not verified with respect to illicit enrichment typified in Chilean criminal law, as such crime is sanctioned by article 241 bis of the Penal Code with a fine equivalent to the amount of the undue capital increase, in addition to the accessory penalty absolute temporary disqualification from holding public office and office, in its minimum to medium degrees, a punishment that in no case is deprivation of liberty,” he adds.
