DOMINICAN REPUBLIC NATIONAL POLICE CHIEF CONTINUES

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004390

SIPDIS

SENSITIVE

DEPT FOR WHA AND G/TIP

E.O. 12958: N/A
TAGS: PGOV PREL KCRM PHUM PINR DR
SUBJECT: DOMINICAN REPUBLIC NATIONAL POLICE CHIEF CONTINUES
TO SUPPORT US

REF: SANTO DOMINGO 4249


1. (SBU) SUMMARY. Ambassador Hertell met with the
Dominican Republic's Director of the National Police, Jaime
Marte Martinez, to introduce DCM Lisa Kubiske and to thank
the Director for his support in establishing an
Anti-Trafficking in Persons Investigation Unit as part of the
National Police's Fraud Section. The Director outlined some
of the procedural issues which will complicate the arrest of
legislator Radhames Garcia now that Congress is in session.
Marte Martinez downplayed the potential for uncontrolled
demonstrations or riots after the Pan American Games. END
SUMMARY.

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PRO-YANKEE POLICE CHIEF
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2. (SBU) Ambassador Hertell met with the Director of the
National Police for the Dominican Republic to introduce DCM
Lisa Kubiske and to thank the Director for his efforts to
combat Trafficking in Persons. Pleased, Marte Martinez
described himself as a friend, an ally and as "pro-yankee".

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HOW CAN GARCIA BE ARRESTED?
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3. (SBU) In reponse to the Ambassador's question about
suspected alien smuggler Radhames Garcia, Marte Martinez
confirmed his view that immunity attaches to Garcia, a
Deputy, when Congress is in session. Marte Martinez stated
that if Garcia is found in the next day or so, the
outstanding arrest warrant could be executed because, in his
opinion, it was an open question as to whether Congress is
legally in session. The events of August 16, in which shots
were fired as voting for a new Lower Chamber president was in
progress, have left the competing political parties vying for
control (reftel). If the faction led by Lila Alburquerque
(former president of the Lower Chamber) produces evidence
that the vote was illegal or that a recognized recess had
been called before the vote took place, an argument can be
made that the August session of Congress has not been legally
opened. Hence, Garcia would not have immunity and could be
arrested. Nevertheless, if he were to be arrested now, he
would probably claim constitutional immunity on grounds that
the Congress was properly called into session on August 16.
NOTE: Marte Martinez seemed to be looking for a scenario and
legal justification for Garcia's arrest. Although possible,
the scenario was unlikely. Garcia did not show up for the
scheduled opening of Congress on August 16 and had not been
spotted by national police surveillance until he appeared
outside Congress on August 20. Alburquerque's faction failed
to produce evidence that Congress was illegally in session
and the Lower Chamber has been operating in session since
August 19. Garcia's immunity is currently in force. END
NOTE.


4. (SBU) Ambassador Hertell asked whether there are any
circumstances in which a Senator or Congressman could be
arrested while Congress is in session. Marte Martinez
replied that a Congressman could be arrested if caught in the
act of committing a crime - a "caso flagrante". Marte
Martinez insisted that accusations against Garcia could not
be interpreted as a "caso flagrante". Consequently,
prosecutors could not apply this exception to the general
immunity provision in the constitution.

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INFORMATION ON LOWER CHAMBER SHOOTING
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5. (SBU) In regard to the incident in the Lower Chamber,
Marte Martinez said the shots fired were aimed at the
ceiling. The electric power to the Chamber had been cut
prior to the shooting. He noted that jurisdiction for the
case is with the Legislative Branch of the Government because
the shooting took place in Congress. The National Police
will not investigate unless asked to do so by the Legislative
Branch.

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POSSIBLE DEMONSTRATIONS AND UNREST
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6. (SBU) Marte Martinez expressed relief that there were no
major incidents during the Pan American Games. He
acknowledged rumors of possible demonstrations after the
Games, but thought that if they were to occur they would be
political in nature, at the prodding of opposition party
members. He did not give the impression that the National
Police have geared up for any increase in demonstrations.
NOTE: Marte Martinez did not exclude the possibility that
there would be protests, but he did not think they would
amount to uncontrollable demonstrations. END NOTE.


7. (SBU) COMMENT: Marte Martinez has worked with the
Embassy in the past on a range of issues from TIP to consular
fraud investigations. He has proved to be helpful and
reliable, an enormous change for the good compared with his
predecessor. We expect this close cooperation and strong
working relationship to continue. END COMMENT.
HERTELL