Ex-Leader of Mexico’s War on Drugs Sentenced

MEXICO CITY —  A Mexican court sentenced the former head of the country’s anti-drug program to nearly 14 years in prison on Tuesday, even as U.S. senators moved to punish Mexico for its performance in fighting narcotics trafficking.

The separate actions in Mexico and Washington raised the specter of last year’s ugly fight between the neighbors, which nearly resulted in the United States’ No. 3 trading partner being stripped of its status as a U.S. ally in the fight against drugs.

That dispute broke out after Mexico’s anti-drug czar, Gen. Jose de Jesus Gutierrez Rebollo, was arrested on charges of aiding a drug cartel.

On Tuesday, a district judge in Mexico announced that the general had been convicted of illegal possession and transportation of arms, as well as abuse of authority. He was sentenced to 13 years and nine months in prison, and promptly appealed. The general still faces trial on drug-trafficking allegations, which could result in a longer sentence.

Mexican authorities have called the criminal proceedings against Gutierrez evidence of their commitment to weed out drug corruption. He is the highest-ranking Mexican official to be tried on narcotics-corruption charges, and one of the few senior members of the military--a nearly sacrosanct institution here--to face a criminal trial.

But the U.S. Senate on Tuesday challenged anew Mexico’s commitment to fighting drugs.

Sen. Dianne Feinstein (D-Calif.) and Sen. Paul Coverdell (R-Ga.) introduced a resolution that would withdraw President Clinton’s recent certification of Mexico as a full partner in fighting drugs. The move seemed sure to reignite last year’s showdown between the U.S. Congress and the administration over the annual report card on various countries’ cooperation with American anti-narcotics actions. Feinstein complained that “gaping holes” in Mexico’s anti-drug efforts “badly undermine the effort to keep the scourge of drugs off our streets.”

The senators called for waiving the economic sanctions that accompany the so-called decertification of a country. But they did say they would be willing to impose the sanctions if that’s what it takes to remove what they called an undeserved stamp of approval.

Rep. John L. Mica (R-Fla.) plans to introduce similar legislation in the House today.

“We must make an honest assessment of full cooperation,” said Feinstein, who last year played a key role in brokering an agreement that staved off decertification by adding a six-month review focused specifically on Mexico. “At best, we should say that Mexico has cooperated partially. But full cooperation? It’s not even close.”

Speaking on the Senate floor Tuesday, Feinstein added:

“There has been no demonstrable action on any--I repeat, any--of the benchmarks outlined by Congress” last year to judge Mexico’s performance.

Among the key areas she named: dismantling the drug cartels, strengthening the relationship between the two countries’ law enforcement officials, extraditing Mexican criminals for prosecution in the U.S., implementing money-laundering laws, ousting corrupt Mexican officials and eradicating illegal drug crops.

But a White House official who spoke on condition of anonymity disagreed with Feinstein’s conclusions. He said Mexico “set a record” for eradicating drug crops last year, increased seizures of cocaine heading for the U.S. by 47% and doubled the number of extraditions of criminals to 27.

In addition, the country “tore down and began to completely rebuild” its anti-drug police force, the official said.

“We stand by the decision that the president made,” the official said. “It came as a result of a very comprehensive interagency review of cooperation between the United States and many countries on the drug front.”

Mexico’s Foreign Ministry had no immediate comment on the Senate resolution. But before the certification, authorities had pointed with pride to what they considered important advances in fighting drugs. They noted that Mexico, for example, has authorized the extradition of several major traffickers, although the cases have been appealed.

Mexico has conducted a major purge of its anti-drug force and is conducting money-laundering investigations under a new law outlawing the practice.

In certifying 25 of the 30 drug-producing and drug-transporting nations last week, Clinton acknowledged that Mexico faces enormous problems in trying to crack down on an array of powerful criminal organizations and corrupt officials, but he said he is convinced that President Ernesto Zedillo is committed to the effort.

Congress, which has until March 26 to overturn Clinton’s certification rulings, has never before rejected such a presidential decision on certification.

Other key lawmakers, including Senate Foreign Relations Committee Chairman Jesse Helms (R-N.C.) and House Minority Leader Richard A. Gephardt (D-Mo.), have already criticized Clinton’s decision on certification. But Rep. Xavier Becerra (D-Los Angeles), head of the Congressional Hispanic Caucus, said Feinstein’s solution is too harsh, and he criticized the whole certification process.

“The methodology under the statute with certification doesn’t work,” he said. “Don’t you think the U.S. should be decertified? We’re the one with the demand” for drugs.

In Mexico, both the prosecution and defense in the Gutierrez case announced that they were appealing the sentence handed down Tuesday. The prosecution complained that the sentence was too lenient; the defense said the weapons charges against Gutierrez had not been proved and that the trial was plagued with irregularities.

The case stemmed from Gutierrez’s transfer of 40 weapons from a military base to the anti-drug institute he headed before his arrest. Gutierrez’s attorney said the defense minister had given his client permission, but the prosecution argued that the general tricked people into making the transfer.

The general’s daughter, Teresa de Jesus Gutierrez, repeated her contention that her father was targeted because he was fighting important drug traffickers and the government officials who helped them.

Sheridan reported from Mexico City and Wilgoren from Washington.