Alvarez machain

Introduction

Dr. Alvarez-Machain is a physician from Guadalajara, Mexico who was accused of aiding in the torture and killing of the American drug agent, Enrique Camarena Salazar, in February 1985. Dr. Alvarez is a resident and citizen of Mexico.

Background

A federal prosecutor in Los Angeles confirmed that Dr. Alvarez had been captured in Mexico by bounty hunters seeking a reward offered by the United States Government giving rise to concerns over the legality of his abduction. However, the United States Drug Enforcement Administration continues to deny news reports that it had offered a reward of as much as $100,000 for the capture of Dr. Alvarez. [PHILIP SHENON, U.S. Says It Won't Return Mexican Doctor Linked to Drug Killing, THE NEW YORK TIMES, April 21, 1990]

First Trial

Alvarez was indicted by a federal grand jury in Los Angeles, California in 1990 for alleged complicity in the kidnapping, torture and murder of U.S. Drug Enforcement Administration (DEA) agent Enrique Camarena-Salazar and his Mexican pilot Alfredo Zavala-Avelar in Guadalajara, Mexico in February 1985. [ "See" Alvarez-Machain v. United States, 331 F.3d 604, 610 (9th Cir. 2003). Alvarez was charged with committing and conspiracy to commit violent acts in furtherance of racketeering activity (18 U.S.C. §§ 371, 1959 (2000)); kidnapping and conspiracy to kidnap a federal agent (18 U.S.C. § 1201(a)(5)); and felony murder of a federal agent (18 U.S.C. §§ 1111(a), 1114).] The U.S. District Court for the Central District of California issued a warrant for Alvarez's arrest after his indictment.

Details of Abduction

Although the United States negotiated with Mexican officials to obtain custody of Alvarez, no formal request for extradition was made. [Lucien J. Dhooge, A MODEST PROPOSAL TO AMEND THE ALIEN TORT STATUTE TO PROVIDE GUIDANCE TO TRANSNATIONAL CORPORATIONS, 13 U.C. Davis J. Int'l L. & Pol'y 119, Spring 2007] Rather, DEA officials approved a plan to use Mexican nationals not affiliated with the governments of the United States or Mexico to arrest Alvarez and bring him to the United States for trial. [Id.] Hector Berellez, the DEA agent in charge of the Camarena murder investigation, retained Antonio Garate-Bustamante (Garate), a Mexican citizen and DEA operative, to contact Mexican nationals willing to participate in the arrest. Through operatives, Garate retained Jose Francisco Sosa, a former Mexican police officer, to participate in Alvarez's arrest. [ "See" Alvarez-Machain, 331 F.3d at 609. Sosa was allegedly promised a recommendation for employment with the Mexican Attorney-General's office if the arrest operation was successful. ] This operation occurred on April 2, 1990, when Sosa and others abducted Alvarez from his office in Guadalajara, held him overnight in a motel and subsequently transported him to El Paso, Texas where he was arrested by U.S. federal agents. Alvarez was arraigned and transported to Los Angeles, California for trial. A subsequent attempt to dismiss the indictment proved unsuccessful. [United States v. Alvarez-Machain, 504 U.S. 655 (1992).]

Dr. Alvarez is Repatriated

Alvarez was tried for Camarena's kidnapping, torture and murder in 1992. After the presentation of the government's case, the district court judge granted Alvarez's motion for judgment of acquittal on the ground of insufficient evidence to support a guilty verdict. The district court specifically concluded the government's case was based on "suspicion and. . . hunches but. . . no proof," and the theory of the prosecution's case was "whole cloth, the wildest speculation." [Alvarez-Machain v. United States, 331 F.3d 604, 610 (9th Cir. 2003).] As a result, Alvarez was repatriated to Mexico.

Dr. Alvarez sues the United States

In 1993, Alvarez initiated a civil action in the United States District Court for the Central District of California alleging numerous constitutional and tort claims arising from his abduction, detention and trial. [Alvarez-Machain, 331 F.3d at 610. Alvarez's complaint alleged claims sounding in: (1) kidnapping; (2) torture; (3) cruel, inhuman and degrading treatment or punishment; (4) arbitrary detention; (5) assault and battery: (6) false imprisonment; (7) intentional infliction of emotional distress; (8) false arrest; (9) negligent employment; (10) negligent infliction of emotional distress; and (11) violations of the Fourth, Fifth and Eighth Amendments to the U.S. Constitution.] Sosa, Garate, five unnamed Mexican nationals, the United States and four DEA agents were listed as defendants. [Id. at 610.] The district court ruled in favor of Alvarez in the amount of $25,000 and the U.S. Court of Appeals for the Ninth Circuit affirmed Sosa's liability on appeal.

upreme Court grants certiorari: Sosa v. Alvarez-Machain

The U.S. Supreme Court granted certiorari on December 1, 2003 to determine the issue of whether Alvarez was entitled to remedy pursuant to the ATS. [Sosa v. Alvarez-Machain, 540 U.S. 1045 (2003) (order granting petition for certiorari).]