EXTRADITION CASE OF JOHNNY MARTINEZ

UNCLAS SANTO DOMINGO 003925 SIPDIS STATE FOR L/LEI M. TAYLOR AND W. J. FUENTES, WHA/CAR MCISAAC PLEASE PASS TO DEPARTMENT OF JUSTICE/OIA - JO MAZUREK. E.O. 12958: N/A TAGS: CJAN KCRM DR SUBJECT: EXTRADITION CASE OF JOHNNY MARTINEZ REF: STATE 142165 ¶1. (U) Embassy Santo Domingo responds to reftel A questions as follows: a. Embassy Santo Domingo has no record of receiving any request for assurances or any other requests from the GODR regarding Johnny Martinez's extradition to the United States. b. Embassy Santo Domingo has no record of receiving a Presidential Decree or similar documentation from the GODR prior to or at the time of Johnny Martinez's extradition. Embassy Santo Domingo notes that fugitives are not extradited to the United States unless a Presidential Decree is signed authorizing extradition. Therefore, Embassy Santo Domingo was assured that a Presidential Decree had been signed before Johnny Martinez left the Dominican Republic. c. Embassy Santo Domingo is in possession of a poor quality copy of the Presidential Decree authorizing the extradition of Johnny Martinez. Embassy Santo Domingo informally requested a copy of the Presidential Decree the week of June 21, 2004, from the legal office of the GODR Foreign Ministry. The legal office of the GODR Foreign Ministry confirmed that it does not hold copies of the Presidential Decrees in extradition cases. The Foreign Ministry legal office subsequently delivered a copy of the Decree to Embassy Santo Domingo and informed us that it had obtained the copy from a clerk in the Presidential Palace. d. As a general matter, Embassy Santo Domingo receives numerous informal communications from GODR officials after submitting an extradition request to the GODR. Generally these communications are in the form of phone calls or face-to-face meetings. As a general matter, the GODR acknowledges the receipt of a USG written diplomatic note requesting the extradition of a fugitive by return diplomatic note. No other formal diplomatic correspondence is generated on extradition cases. ¶2. (U) Johnny Martinez was extradited from the Dominican Republic in January 2003. His case file was retired by the Economic and Political section with other working files to Washington storage in December 2003, in accordance with Department of State procedures. HERTELL