DOMINICAN REPUBLIC: RAMOS GARCIA ALIEN SMUGGLING

C O N F I D E N T I A L SANTO DOMINGO 004986

SIPDIS

DEPT FOR G/TIP, WHA/PPC (FALLS),WHA/CAR (MCISAAC)

E.O. 12958: DECL: 09/02/2014
TAGS: PHUM PGOV KJUS SMIG DR
SUBJECT: DOMINICAN REPUBLIC: RAMOS GARCIA ALIEN SMUGGLING
TRIAL BEGINS IN EARNEST


Classified By: DCM Lisa Kubiske for Reason 1.4(b) and (d)


1. (U) On 1 September 2004, the Supreme Court in regular
session began hearing testimony in the alien smuggling trial
of Congressional representative Guillermo Radhames Ramos
Garcia. Because Ramos Garcia is a legislator, the Supreme
Court is the court of first instance. Ramos, a former consul
to Cape Haitien, Haiti, and three co-defendants are accused
of smuggling 16 East Asians across the Haiti-Dominican
Republic border. Ramos was charged in 2000, but the case has
moved slowly due to several procedural delays.


2. (U) A panel of 12 Supreme Court justices decided to begin
the trial even though seven witnesses did not appear (a July
hearing was postponed when several witnesses failed to show).
The court heard testimony from the police lieutenant coronel
who headed the investigation, from the migration inspector at
the point where Ramos crossed the border, and from former
Director of Migration Miguel Vasquez. Both prosecutor and
defense attorney cross-examined. After four hours the
justices adjourned until October 4.


3. (U) The two Asian co-defendents, free on bail since March,
have filed a civil suit against former Director of Migration
Miguel Vasquez, alleging that he and others misappropriated
USD 44,000 they were carrying when arrested.


4. (C) Prosecutor Servio Tulio Castanos told poloff he does
not expect the missing witnesses to appear. However, the
court can, at its discretion, admit previous testimony from
these witnesses taken in a lower court before Ramos became a
congressman. Newly appointed Assistant Attorney General
Frank Soto, with responsibility for cases of trafficking in
persons, believes that the justices are allowing witnesses
one final chance to appear but will be ready on October 4 if
necessary to consider their previous testimony. Soto views
the relatively short continuance as an indication that the
court is serious about reaching a resolution in this case.


5. (C) COMMENT. The opening of testimony converts a
long-running non-trial into an event with considerable media
attention and possible political impact. The Fernandez
administration has assigned the case and the responsibility
for prosecuting trafficking to experienced attorneys.
KUBISKE