Three Mexican brothers sentenced to die on rope for Malaysian drug crimes

Commutation of the death sentences will be unlikely

*Update Aug. 14, 2013* - Malaysian court affirms Mexican brothers' death sentence

Kuala Lumpur, May 17 - Three Mexican men were sentenced to death in a Malyasian criminal court today for drug crimes committed over four years ago. The High Court verdict was handed down at 9:45 a.m. Thursday, 8:45 p.m. in Mexico City. It was read in Malaysian by Judge Mohamed Zawawi, and simultaneously translated into Spanish for the accused.

Brothers Jose Regino Gonzalez Villarreal, 36, Simon Gonzalez Villarreal, 33, and Luis Alfonso Gonzalez Villarreal, 47, are from the western state of Sinaloa on Mexico's Pacific coast. Together with two Malaysians, they were arrested and charged in March 2008 with manufacturing and possessing methamphetamine and precursor chemicals, and narcotics trafficking. The men were detained only a few weeks after arriving in this southeast Asian nation. They had worked in a Mexican brick factory before moving in search of better jobs.

Sinaloa state, the brothers' home, is a hotbed of Mexican drug cartel activity and has been the scene of extreme narco violence in recent years. The men are the first Mexicans ever to be sentenced to death under Malaysia's harsh criminal code, which has been criticized at times by western nations.

At the beginning of his ruling, the judge suggested that the evidence might be insufficient to prove trafficking. But ultimately he convicted all three of all the charges. "This verdict is that of the people of Malayasia," he told the brothers in the hushed courtroom.

Their two co-defendants were also sentenced to death.

All civil executions in Malaysia are by hanging. On February 3, 2005, Malaysia reported that it had executed 358 people by hanging in the previous 24 years, many for drug offenses. Published figures revealed that 50 foreign nationals had been put to death as of that date, including 46 in narcotics cases. Hundreds more are on death row.

One of the brothers entered the courtroom with a rosary around his neck. Another, who is suffering from tuberculosis, wore a surgical mask. One had a bible and some motivational books. All said they were nervous, afraid and exhausted by their long ordeal. Two Mexican diplomatic officials were in the chamber when the death verdicts were announced, as were reporters from Mexico, Spain, Germany and China. The court was heavily guarded.

Simon Gonzalez was shaking and cried when the decision was read. His brothers listened intently to the court's ruling, which took about 75 minutes.

Prosecutors say the Mexicans and two Asians were arrested with a large quantity of drugs and cash. Two other Mexicans detained in connection with the case were released for lack of evidence and deported months ago.

Defense attorneys had challenged forensic test results of the chemicals which were seized when the men were detained, and complained that more than a third of the materials disappeared while in police custody, preventing analysis of the evidence. They also objected to the man who presided over the trial, known as Malaysia's "hanging judge" for the more than 100 death sentences he's imposed. Those arguments were turned down in a separate appeal to Malaysia's Federal Court last December.

At the men's trial in February government prosecutors presented evidence that they were in possession of 29 kilos of methamphetamine when arrested in a shipyard warehouse, together with drug manufacturing equipment. The Mexicans testified that they had been hired to clean trash from the area where the contraband was discovered and were unaware of the drugs, but forensic and DNA testing indicated traces of the chemicals on their clothing and bodies. Because of the missing meth the defense had demanded the entire case be dismissed, an argument which the judge rejected. Defense attorneys, who contended there was no evidence their clients had participated in the manufacture of the meth, said in February that they were "cautiously optimistic." After today's hearing they vowed to continue the fight to free the men. A further appeal, as well as a petition for executive clemency, are legal possibilities, but their chances of success are remote.

Criminal trials in this former British crown colony are conducted in accord with English common law traditions and precedent. They resemble American and Canadian judicial proceedings, with many constitutional protections. But they are not identical, juries are not used and some legal authorities maintain that Malaysian courts are not sufficiently independent from other governmental institutions. Malaysian drug trafficking laws are among the most severe in the world. Even the petty possession of narcotics can be punished by execution or a long prison sentence. In recent years courts here have shown no mercy for foreign nationals charged with such offenses.

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