Complications Feared in Drug Extraditions

Justice Department officials are now concerned that the process for extraditing Colombian drug kingpins for trial in the United States could prove much more complicated and less certain than first indicated by Colombian President Virgilio Barco Vargas’ emergency decree.

Although the top aide to Atty. Gen. Dick Thornburgh insisted Thursday that the Administration is still optimistic, some law enforcement officials involved in the extradition effort fear that the new Colombian conditions could hamstring the process and sap the ability or even the will of Colombian officials to follow through.

Robert S. Ross Jr., Thornburgh’s executive assistant, said his “hope and expectation” is to have the paper work on Eduardo Martinez Romero, accused of money laundering for the Medellin Cartel, in the hands of Colombian authorities by the close of business today.

“We are taking everything at face value and have no reason to believe we will get anything but a positive result,” Ross said in an interview. But noting that Barco’s extradition decree is subject to review by the Colombian Supreme Court, which is free to act any time, he added: “Only time will tell.”

Barco issued the decree last week after Colombian drug terrorists assassinated presidential candidate Luis Carlos Galan and a police chief who had campaigned against cocaine trafficking. The decree provided for extradition of Colombian drug suspects sought in the United States. However, elaborate fine print contained in a separate document titled “Lista de los Pasos para Extraditar” (List of the Steps for Extradition) specified conditions that could pose serious roadblocks.

Some officials said the conditions raise questions about Colombian leaders’ sincerity in promising firm action against cocaine traffickers.

As examples of the potential hurdles, they noted that each extradition request now must be approved by the foreign minister, the minister of justice and the six ministers who make up the national council on dangerous drugs.

New Papers Required

Although the United States had pending about 60 U.S. extradition requests for drug fugitives believed to be in Colombia, the decree required that fresh documentation be provided for each individual sought for trial here. The required documentation ranges from fingerprints and photographic identification to a certified copy of the penal code allegedly violated.

Federal law enforcement authorities said that fingerprints on some of the suspects wanted may not be available or may have come from intelligence sources that prevent their being provided to the Colombians.

The procedural conditions also provide that individuals extradited could be sentenced to no more than 30 years--a potential problem under stiffened U.S. drug laws, some of which provide for life sentences without possibility of parole, one source noted. Suspects apprehended would also be able to appeal the proceedings, potentially delaying them while the Colombian high court reviews the process.

“At best, we’re taking a wait-and-see attitude,” one official said of the decree. “At worst, you can say we’re cynical.”

Ross, acknowledging that “the slate is wiped clean” on previously submitted U.S. extradition requests, said: “We’re inventorying and reviewing the old applications to see what we can salvage.”

He described translation of the required papers as “a tedious, time-consuming and difficult process” but added: “I don’t think we have any option but to push ahead. . . . Obviously, there are no guarantees.

“So far, we think we’re in good shape. We’re working very hard to get the documents in shape.”

Monica de Greiff, Colombia’s minister of justice, said Tuesday that there is “a 50-50 chance” that the Supreme Court or the general prosecutor will void Barco’s decree and bar any extraditions. In 1987, the court threw out Colombia’s formal extradition treaty with the United States, citing legal flaws.

Ross said that after the Justice Department submits the required documents on Martinez, it may seek the return of Bernardo Londono Quintero, an alleged cocaine trade pioneer who was arrested by Colombian authorities Wednesday.

According to Ross, Justice Department officials are trying to ascertain that a valid warrant exists for Londono Quintero, who is nicknamed “the Diplomat.”

Times staff writer Don A. Schanche, in Bogota, Colombia, contributed to this story.