A judge has ruled that the FGR (Attorney General) did not present sufficient evidence of the crimes of terrorism after the capture of Ovidio Guzmán López in Jesus Maria. The detainees remain charged with crimes related to firearm and ammunition possession.
“From the test data presented by the Prosecutor’s Office, it is not noted that said illegal act is justified so that since there is not enough test data to probably establish the participation of the accused, it is not possible to generate a reproach for said conduct (terrorism),” said the judge.
The FGR accused terrorism in the modality of someone who intentionally uses firearms to carry out acts that cause alarm, fear, or terror in the population, in a sector of it, to pressure the authority to make a decision in favor of the aggressors.
The detainees were presented before a control judge of the Federal Criminal Justice Center based in Morelia, Michoacán, in three criminal cases for which three initial hearings were held. In all cases, the judge ordered preventive detention as a precautionary measure at the Federal Center for Social Readaptation number 17, located in Michoacán, for security reasons.
Why Were Those Charges Dropped?
It is not currently known what evidence the FGR did provide to attempt and prove the terrorism charges. The events that took place following Ovidio’s arrest seem to fit their definition of terrorist acts. Multiple narco blockades occurred, cars and shops were set ablaze and gunmen fired on both military and civilian planes at the nearby airport all in attempts to either rescue or force the military to set “El Raton” free as they had done following his first arrest in 2019. These acts created public and political fear, and
Possibly, the actions fit more of the defense of Ovidio or were rescue attempts as opposed to using violence to pressure the authorities outright. Another, more political reason for these charges to be dropped is the current debate between US politicians (primarily Republican lawmakers) to label Mexican drug cartels as terrorist groups. Mexico feels this would violate their sovereignty and allow for possible US military intervention directly into Mexico as part of the ‘War on Terror’ authority given to the US President.
The conviction of terrorism in order to free a leading fentanyl trafficker could easily be pointed to as a justification for them to be labeled as terrorists.
Accusations of Torture & Illegal Detention
In one of the hearings, held on January 8, three men and a woman were presented, whose detention was described as illegal. According to the Public Ministry, they were arrested on January 5, when elements of the National Guard provided perimeter security in Jesús María.
The judge asked the Prosecutor’s Office to carry out the corresponding investigation on the possible administrative or criminal offense regarding beatings, ill-treatment, and acts of torture that all the defendants claimed they have suffered; and for the omission of the arresting agents to make them immediately available to the ministerial authority and prepare the National Registry of Detentions.
