NICARAGUAN HIGH COURT POSTPONES HEARING ON EX-TOURISM SEC'Y

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NICARAGUAN HIGH COURT POSTPONES HEARING ON EX-TOURISM SECRETARY

Monday, January 29, 2001 7:52 PM EST

Managua, Jan 29, 2001 (EFE) -- The Criminal Division of the Nicaraguan
Supreme Court on Monday postponed for one day an extradition hearing for
former Mexican Tourism Secretary Oscar Espinosa Villarreal, who was arrested
in Managua on Dec. 12.

Espinosa Villareal is wanted in Mexico for allegedly misappropriating $42
million while he was the Federal District head of government (1994-1997).

The secretary for the court, Jose Antonio Fletes, told the local media that
the eight judges had delayed the hearing by 24 hours "to closely examine the
contents of the documents relative to the case."

Fletes explained that the judges have been studying a substantial amount of
information forwarded by the Mexican government regarding the case against
the former official and in accordance with the extradition treaty effective
between the nations.

The Supreme Court's Criminal Division could reject the extradition request
if Mexico fails to meet all the requirements established by the bilateral
treaty, he added.

"The hearing will begin tomorrow (Tuesday) and, in accordance with
Nicaraguan law, Espinosa Villareal's defense lawyer will have three days to
challenge the charges and eight days to prove his case," Fletes said.

"Following those deadlines the judges will announce their decision," the
court secretary stated.

In accordance with Nicaraguan law, Espinosa Villarreal also has six months
to present evidence in his defense.

The former secretary's defense lawyer, Yali Molina, said that an extension
is needed to gather evidence and find witnesses in Mexico, something that
could extend the hearing.

Fletes said that "the judges agree that the former Mexican official should
remain in jail, but they must answer a petition by his defense to have free
and permanent access to him, which is difficult in jail."

Judges can order the arrest of anyone awaiting possible extradition, but
they can also overturn that decision at any time, the Supreme Court
secretary said.

The judges have yet to decide whether to allow Salvador Munuzurri Hernandez,
Mexico's legal attache to Central America, to represent the Mexican
government.

His request will probably be rejected given that Nicaraguan laws only allow
Nicaraguan lawyers to participate in trials.

The Nicaraguan constitution states that only the defense lawyer can be
present.

Espinosa Villarreal arrived in Managua with his wife, Maria de los Angeles
Mijares, on Nov. 17, 2000, from Toronto, and requested political asylum 10
days later.

A Nicaraguan judge ordered Espinosa Villarreal's arrest on Dec. 12 after the
Mexican government requested his extradition.

The former Mexican secretary withdrew his request for political asylum
because, he said, "my government pressured Managua," and to dedicate his
efforts against extradition.

Copyright (c) 2001. Agencia EFE S.A.
 
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