KEEPING NARCOTICS TRAFFICKERS FROM BEING RELEASED

C O N F I D E N T I A L GUATEMALA 001673

SIPDIS

E.O. 12958: DECL: 06/23/2013
TAGS: SNAR KJUS PGOV PREL PINR GT
SUBJECT: KEEPING NARCOTICS TRAFFICKERS FROM BEING RELEASED
BY CORRUPT JUDGES


Classified By: A/DCM DAVID LINDWALL FOR REASON 1.5 (D).


1. (C) Summary: The Ambassador met with Attorney General de
Leon and with Foreign Minister Gutierrez to raise, inter
alia, our concerns that an irregular change of judges
presiding over the case of major narcotics trafficker Otto
Herrera's organization could be the prelude to releasing the
defendants in the case. Both officials subsequently informed
the Ambassador that President Portillo had weighed-in with
the Supreme Court (as did de Leon) to get deeply involved in
the Herrera case so that the presiding judge would not be
able to mishandle it in favor of the narcotraffickers. End
summary.


2. (C) The Embassy learned in early June that judge Felix
Eliseo Garcia Arenas (widely viewed as an honest judge) who
had been presiding over the case of Byron Linares (second in
command of the Otto Herrera narcotraficking organization) and
two Colombian defendants in a $14 million money laundering
case involving the Herrera organization, had been replaced by
judge Luis Alfredo Morales Lopez through an irregular
procedure. Morales was the judge who released from jail a
number of allegedly corrupt figures with close ties to
President Portillo -- including banker Alvarado McDonald. At
the same time DEA began picking up information that alleged
trafficker Linares was informing his business associates that
he would soon be released from jail.


3. (C) In meetings with Attorney General Carlos de Leon on
June 19 and with Foreign Minister Edgar Gutierrez on June 24
the Ambassador raised our concerns that the irregular
switching of judges in this important case and judge
Morales's track record of releasing well known criminals from
jail could lead to the release from prison of Byron Linares
and the two Colombian defendants in the money laundering case
against the Otto Herrera narcotrafficking organization. The
Ambassador noted that we view the ongoing case against the
Herrera organization as being emblematic of the GOG's ability
to prosecute major narcotics traffickers, and any irregular
action by a judge to release the defendants in this case
would be a severe blow to the war against drugs in Guatemala.
He urged the senior GOG officials to weigh-in with the
Supreme Court to ensure that they are vigilant and that this
case will not be mishandled.


4. (C) Attorney General de Leon and Foreign Minister
Gutierrez, after discussing the matter with President
Portillo and members of the Court, assured the Ambassador
that the President of the Supreme Court had been apprised by
President Portillo, and, separately, by de Leon, of the
potential problem, and had guaranteed that the full court
would be made aware of the situation and would follow the
case closely, requesting regular updates from the presiding
judge.


5. (C) Comment: The high court did not offer an explanation
for why the judges in this important case had been switched,
nor did it offer to return the case to the original judge.
However, everyone from President Portillo on down is now
aware that the Embassy is following the case closely, and it
is encouraging that the Attorney General, Foreign Minister
and President all jumped on it when it was brought to their
attention.
HAMILTON