DOMINICAN REPUBLIC: 2004 ANNUAL TERRORISM REPORT

UNCLAS SECTION 01 OF 04 SANTO DOMINGO 006752 SIPDIS STATE FOR S/CT JKINCANNON AND KMCCUTCHAN E.O. 12958: N/A TAGS: PTER ASEC SUBJECT: DOMINICAN REPUBLIC: 2004 ANNUAL TERRORISM REPORT REF: A. STATE 245841 ¶B. STATE 259427 ¶1. (U) SUMMARY. There were no terrorist attacks or known terrorism related activities in the Dominican Republic during calendar year 2004. The GODR continues to work closely with the USG and others in the fight on global terrorism. END SUMMARY. ¶2. (U) The Dominican Republic was not covered in the 2003 Patterns of Global Terrorism Report. Per reftels, Embassy Santo Domingo submits the following responses to applicable/appropriate questions as keyed to paragraph 15 in reftel a. A) Support for the global coalition against terrorism, including bilateral and multilateral efforts. This could include examples of effective coalition, joint, or coordinated activity, including donor coordination/provision of support that significantly enhanced CT capacity. -- The GODR,s most significant contribution to the global coalition against terrorism was its contribution of Dominican troops to the Coalition forces in Iraq. From September 2003 through May 2004, the GODR had approximately 300 soldiers stationed in Iraq as part of a Spanish led brigade. The troops returned to the Dominican Republic two and a half months earlier than expected due to logistical and political pressures. -- Additionally, the GODR has fully cooperated with USG and UN requests to search their banks for assets held under the names of known terrorists. No accounts of this type have been found. The Superintendent of Banks has headed the GODR's effort to ensure that banks, searches are conducted in a timely manner. B) Host nation counterterrorism actions, including its cooperation with the US both bilaterally and with the global coalition against terrorism. Significant actions in any (and all) of the following areas should be addressed, as appropriate: diplomatic, law enforcement, intelligence, financial, public diplomacy, and military. A particular focus should be placed on instances where the US asked for CT cooperation aimed at preventing attacks and protecting US persons or interests or assistance in response to attacks against US persons or interests. This should include the extent to which the government is cooperating with the USG in apprehending, convicting, and punishing the individual(s) responsible for such attacks and the extent to which the government is cooperating in preventing future acts of terrorism against US persons or interests. Diplomatic efforts should include steps to ratify CT-related UN conventions. Financial efforts should include the extent of the host country's ability and efforts to meet the requirements of UNSCRs on terrorist financing. -- There have been no specific instances in which the USG has asked the GODR for CT cooperation in preventing definitively known terrorist attacks and protecting US persons or interests in the Dominican Republic nor have there been any ongoing legal actions against alleged terrorist or terrorist organizations in the Dominican Republic. General cooperation in law enforcement, diplomatic, financial, public diplomacy and military issues is strong. Intelligence gathering by the GODR is weak; nevertheless, should the USG ask for assistance the GODR intelligence community would do its best to provide it. C) Host nation law enforcement, intelligence/security service, and military actions taken against Al-Qaida or other terrorist groups; actions to track, block or seize terrorist assets; enactment of new pertinent counterterrorism laws, executive orders or regulatory action; making notable contributions under UN or multilateral auspices; and/or giving information or other assistance to countries investigation terrorist incidents or bringing terrorists to justice. Discuss any success with a rewards program aimed at bringing terrorists to justice. -- An anti-terrorism law is currently in committee in the Dominican Congress. The expectation is that it will be passed and go into effect in late 2005. When passed it will raise the severity of punishment for those convicted of terrorist related crimes. D) Response of the judicial system to acts of international terrorism and/or significant acts of domestic terrorism during 2004, including any host government prosecutions relating to terrorism. Did the host country extradite or request the extradition of suspected terrorists for prosecution during the year? Particular attention should be given to host government responses to US requests for extradition or assistance in terrorist cases. Describe any major impediments to host government prosecution and/or extradition of suspected terrorists. -- There are no pending cases relating to international or domestic terrorism in the Dominican judicial system. The GODR did not extradite or request the extradition of suspected terrorists during 2004. The GODR and the USG have a strong extradition relationship. In 2004, more fugitives (26) were extradited to the United States than in any previous calendar year. If the USG were to request the extradition of a fugitive charged with terrorism related crimes, the GODR would likely comply with the request. E) We are also interested in law enforcement capabilities. Specifically, does the jurisdiction have the authority to intercept wire, oral and electronic communications? What are the limitations? Can law enforcement authorities initiate surveillance and investigation of suspected terrorists/terrorist facilitators based on intelligence information? Can such information be used as evidence in court? Who has investigative and prosecutorial authority in CT cases? Is there a special examining magistrate with special powers in the CT area? If intelligence is not permitted as evidence in a court of law, are parallel investigations based on open-source research conducted with the assistance of intelligence officials? If there are legal restrictions in this area, are there work-arounds, and are they exploited? How long and under what conditions may authorities hold suspected terrorists/terrorist facilitators prior to/after being charged? Pending and during trial? Is all access to the suspected terrorist recorded by enforcement agencies? Do they have access to telephones or e-mail? Do they have weekend passes to leave jail? Are foreign government service de-briefings permitted? Are photographs, fingerprints, DNA samples collected by the detaining authority? -- The GODR does permit wiretaps with court approval. It often lacks the equipment or manpower to use such law enforcement tools. Law enforcement authorities may initiate surveillance and investigation of suspected terrorists/terrorist facilitators based on intelligence information and with a legally enforceable court order. If evidence is collected in this manner, it can be used in court. Primary investigative and prosecutorial authority in CT cases lies with the Attorney General,s office. There is no special magistrate assigned to CT cases as there have been no CT cases to date in the Dominican Republic. -- Because there have been no CT investigations or prosecutions, it is uncertain what type of CT evidence the Dominican courts would accept. Additionally, the Dominican Republic has recently enacted a new criminal procedural code that has yet to be tested thoroughly in the courts. It is likely that the GODR would cooperate with USG CT requests to the best of its ability. The GODR is hampered by a weak judicial system. F) Host government efforts to investigate terrorist incidents or assist with international terrorism investigations, to reduce the ability of terrorists to cross national borders, including improving border control and reducing the availability of fraudulent documents. -- The GODR has not investigated terrorist incidents neither has it assisted with international terrorism investigations. Recent efforts to increase the professionalism of airport and port security officials have been met with guarded enthusiasm. A new GODR administration has a strong migration and law enforcement cabinet level team. -- In May 2004, the GODR introduced a photodigitized, machine-readable passport which has good security features. It is being phased in gradually over the next several years. The older version passport is still being issued and, on occasion, sold by counterfeiters to non-Dominicans. Embassy Santo Domingo has encouraged the Ministry of Foreign Affairs to adopt a photodigitized machine-readable visa. Lack of funding has been an obstacle in the past. The new administration is once again exploring this possibility. Emboffs delivered a note verbale on the Lost/Stolen Data Share Program as instructed by Washington. The director of the Dominican passport office responded positively and also sends lost/stolen passport reports to the consular anti-fraud unit. G) Not applicable H) Developments in host nation CT efforts, including any new organizations or processes created, including counterterrorism units and/or efforts to upgrade border or maritime security. -- The GODR changed administrations on August 16, 2004. With that change came new leadership of the armed forces. The current Secretary of the Armed Forces recently increased the number of troops on the Dominican/Haitian border. It is unknown how long the increased level of military border security will stay in effect. The main concern is lack of funding for the military to sustain the increased number of troops on the border. Maritime security is under the leadership of the new Secretary of the Navy; it is one of most exploitable areas in the Dominican Republic. I) Not applicable J) Identify where host government has deployed military or paramilitary forces for combat, counter insurgency or CT activities. -- The GODR deployed military troops to Iraq from September 2003 to May 2004. The troops were trained in CT but did not see combat and counter insurgency. The troops were exposed to indirect fire. K) Describe major changes, positive or negative, in the host government's stance towards terrorism, international or domestic. What is responsible for the change? -- A new GODR administration took office in August. The new law enforcement cabinet level officials of this administration are cooperating closely with the USG. L) Constraints on CT performance, including lack of capacity or political will. Describe popular attitudes toward terrorism and CT efforts, if germane. -- There is insufficient training of the military forces in the Dominican Republic and especially in CT efforts. The general public and government attitude is one of support for CT measures; unfortunately, it is difficult to translate this attitude into action due to lack of funding and training. An economic crisis in the Dominican Republic has made funding for military and police training, including CT training, a low government priority. Additionally, there appears to be a continuing general feeling among Dominican society that, "terrorism can't happen here." This sentiment hinders training efforts and ensures that CT efforts do not rise in priority level. M) Not applicable N) Not applicable O) Not applicable P) Not applicable Q) Not applicable R) Not applicable KUBISKE