Identifier | Created | Classification | Origin |
---|---|---|---|
04SANTODOMINGO683 | 2004-02-03 20:47:00 | CONFIDENTIAL | Embassy Santo Domingo |
This record is a partial extract of the original cable. The full text of the original cable is not available. |
C O N F I D E N T I A L SANTO DOMINGO 000683 |
1. (U) On January 30, 2004, Josefina Rojas was extradited from the Dominican Republic in the company of US Marshals. Rojas is wanted to stand trial on federal narcotics charges in the Southern District of New York. The Dominican Republic's National Drug Control Directorate (DNCD), working with U.S. Marshals and DEA, arrested Rojas. This is the 70th extradition since 1998, and is the first case of a prisoner released by the GODR Attorney General and then re-arrested and extradited. 2. (SBU) Embassy requested the extradition of Rojas in January 2002. The provisional arrest warrant for her was issued by former Dominican Attorney General, Virgilio Bello Rosa, on October 25, 2002. Rojas was captured and imprisoned in Spring 2003. President Mejia signed an order of extradition for Rojas on October 29, 2003. One day later, current Attorney General, Victor Cespedes Martinez, signed an order releasing Rojas from custody. Dominican law enforcement contacts told DEA agents that Rojas had been released. Embassy officials received no official notice or explanation of the release. Additionally, the extradition order signed by President Mejia did not become public until Rojas was re-arrested on January 25, 2004. 3. (C) In a November meeting with Ambassador Hertell, Attorney General Cespedes stated that he believed that Rojas was released because he felt that she would be subject to double jeopardy if returned to the United States. When questioned further, the Attorney General stated that Rojas was released from prison due to illness and for reasons of compassion. The Attorney General said that she had a tumor that needed to be treated and that she would be turned over to the USG after she received treatment. Ambassador Hertell told the Attorney General that Rojas would be provided whatever medical treatment necessary once she was in custody of U.S. authorities. 4. (C) The Dominican law enforcement contacts who originally alerted the DEA of Rojas' release speculated that Cespedes freed her was because a personal relationship had developed between Rojas and the Attorney General. After Rojas was released, Dominican law enforcement contacts reported to DEA agents that she returned to the prison where she had been incarcerated to taunt other prisoners. 5. (C) In addition to meeting with Attorney General Cespedes to discuss extradition cases Ambassador Hertell has raised extradition issues with President Mejia on at least four occasions within the past three months. It is likely that the direct dialog between Ambassador Hertell and President Mejia precipitated the re-arrest of Rojas and her subsequent extradition. 6. (SBU) Since the GODR began extraditing fugitives to the U.S. in 1998, 70 prisoners have been successfully returned to the U.S. to stand trial or serve outstanding sentences. Since early 2003, when Cespedes was named Attorney General, five fugitives for whom the USG has requested extradition have been arrested and released. Prior to Cespedes becoming Attorney General, no fugitives who had been arrested pursuant to a valid U.S. requests for extradition had been released by the GODR. The Rojas case marks the first instance in which a prisoner had been released by order of the Attorney General and subsequently re-arrested and extradited. 7. (C) The actions of Attorney General Cespedes in relation to Rojas are questionable at best, illegal at worst. With the circulation of President Mejia's October 29 extradition order for Rojas, it is now evident that the Attorney General contravened a direct written order by the President when he signed the order for her release. The Attorney General's conduct in other extradition cases is being reviewed and questioned by embassy officials. Septel will report updates on those cases. 8. (U) Rojas marks the first extradition by the Dominican Republic in 2004, and the fifty-third under the administration of President Mejia. HERTELL |