C O N F I D E N T I A L ASUNCION 001330

SIPDIS

E.O. 12958: DECL: 10/21/2015
TAGS: KCRM KWMN PHUM SMIG PREL PA
SUBJECT: PARAGUAY: TIP TIER 2 ACTION PLAN

REF: STATE 191670

Classified By: PolOff Sterling Tilley, reasons 1.4(b) and (d).


1. (U) On 10/18, POLOFF delivered reftel points on the
Paraguay TIP Tier 2 Action Plan to Julio Peralta, Director
of International Organizations within the Ministry of
Foreign Affairs. Peralta indicated that he would review
and discuss the issue with his colleagues at the Ministry
of Foreign Affairs and the respective governmental entities
with responsibilities on this topic.


2. (SBU) On 10/19, the DCM spoke with Ruben Candia
Amarilla, the new Attorney General, about the Villarica TIP
case. In December 2004, Raul Antonio Maidana Duarte and
Mario Ramon Gonzalez Caceres were convicted for their
involvement in the Villarica trafficking case of Lurde
Resquin to Spain. That conviction was overturned on appeal
in April 2005 by a vote of 2-1 on the grounds that the
defendants should be tried in Spain where the trafficked
woman suffered the ultimate effects of the crime. This
decision is pending final resolution by the Supreme Court's
Penal Court in the near future.


3. (SBU) The DCM explained that the Villarica conviction
represented the first conviction of defendents in Paraguay
on trafficking charges, reflecting well on Paraguay and
contributing to its upgrade from the Tier 2 Watch List.
However, the decision to overturn this conviction on appeal
conversely reflects poorly on Paraguay and sends an
unhelpful message about Paraguay's commitment to combat
trafficking. The DCM stressed that it could also affect
Paraguay's Tier status. Mr. Candia replied that he would
look into the case.


4. (SBU) In addition, Post has twice conveyed these
concerns to Supreme Court Judge Pucheta who is President of
the Criminal Sala as well as to Teresa Martinez, a
prosecutor who is the point person on trafficking cases.
We have encouraged GOP officials to do what they can to
ensure charges are reinstated and that Paraguay pursues
aggressive prosecution of other cases. Post will continue
to communicate TIP Action Plan points with other
governmental agencies with TIP responsibilities.
KEANE