Foreign Relations of the United States, 1969–1976, Volume E–11, Part 1, Documents on Mexico; Central America; and the Caribbean, 1973–1976

105. Briefing Paper Prepared in the Department of State¹

Washington, November 1, 1976.

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES ON THE EXECUTION OF PENAL SENTENCES

On November 4, Mr. Leigh and Ambassador Rosenzweig-Diaz initialed texts of a treaty that would provide for the exchange of prisoners to continue their confinement in their home country. Since that time the ad referendum texts have been under consideration in various agencies of both governments. Some minor amendments have been agreed upon. It now appears that the interested agencies have cleared the texts for signature, though the Department of Justice has been grumbling about administrative burdens imposed on them; Justice does not challenge our position on the constitutional issues. A Full Power has been signed, and it is now anticipated that Ambassador Jova and the Mexican Foreign Minister will sign the agreement during the course of this week.

Basic Elements of the Agreement

The basic elements of the agreement are as follows:

1. Prisoners would be transferred to their home country to complete the term of imprisonment to which they were sentenced in the foreign country.

2. No prisoner would be transferred without his own consent and the individual approval of the two governments.

3. Some categories of offenders would be excluded: persons committing immigration offenses, political offenses, or military offenses, and persons serving sentences less than six months.

4. After transfer the parole and prison procedures that apply in the prison to which he is transferred would apply to him.

Possible Points of Discussion

If the agreement is the topic of discussion with Mexican officials, the following points need to be borne in mind:

1. The legislative processes of the two countries cannot operate to bring the treaty into effect before late next Spring at the earliest. Exaggerated hopes have unfortunately built up in the minds of the prisoners and their families.

2. Legislation has been introduced in the Mexican congress that would restore the possibility of parole to those convicted of drug offenses. This would free many prisoners long before they could be transferred under the treaty. However, the bill seems to be bogged down in their Congress, for reasons that are not clear to us.

3. The treaty will not solve various problems concerning our prisoners in Mexico, such as inhumane treatment during interrogations, undue delays in the trial process, and the difficulty of finding competent and honest lawyers to represent them. Our Embassy and consular officials will continue to work on these problems and hope to have the cooperation of the Mexican authorities.

1. Summary: The Department summarized the provisions of a treaty that would allow U.S. and Mexican citizens convicted of crimes in the other country to serve their sentences in prisons in their home country.

   Source: National Archives, RG 59, ARA/MEX Files: Lot 78D297, Briefing Papers, U.S./Mexico. No classification marking. Drafted by Detlev Vagts in L on November 22 and cleared by Leigh. In telegram 14962 from Mexico City, November 26, the Embassy reported that Jova and García Robles signed the treaty on November 25. (Ibid., Central Foreign Policy File, D760439–0553)