Identifier
Created
Classification
Origin
05QUITO1060
2005-05-11 22:00:00
CONFIDENTIAL
Embassy Quito
Cable title:  

MFA LEERY OF CEDING JURISDICTION OVER SMUGGLING

Tags:  PREL MARR MASS MOPS SNAR PTER EC CO 
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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 SECTION 01 OF 02 QUITO 001060 

SIPDIS

DHS FOR USCG, DEPT FOR WHA/AND, INL

E.O. 12958: DECL: 09/06/2014
TAGS: PREL MARR MASS MOPS SNAR PTER EC CO
SUBJECT: MFA LEERY OF CEDING JURISDICTION OVER SMUGGLING
VESSEL

REF: CAWTHORNE/MACRIS EMAIL OF 5/10

Classified By: Charge d'Affaires Arnold Chacon, Reasons 1.4 (b),(d)

C O N F I D E N T I A L SECTION 01 OF 02 QUITO 001060

SIPDIS

DHS FOR USCG, DEPT FOR WHA/AND, INL

E.O. 12958: DECL: 09/06/2014
TAGS: PREL MARR MASS MOPS SNAR PTER EC CO
SUBJECT: MFA LEERY OF CEDING JURISDICTION OVER SMUGGLING
VESSEL

REF: CAWTHORNE/MACRIS EMAIL OF 5/10

Classified By: Charge d'Affaires Arnold Chacon, Reasons 1.4 (b),(d)


1. (C) SUMMARY: In a May 10 call on Acting Foreign Minister
Marcelo Fernandez, the Charge requested the GoE waive
jurisdiction over the F/V Simon Bolivar, an Ecuador-flagged
fishing vessel interdicted May 8 while smuggling four tons of
cocaine. In his demarche, the Charge revealed the Bolivar
had intentionally rammed the USS Jarrett and endangered its
crew, cited evidence of a possible Colombian narcoterrorism
connection, and noted a disturbing trend of drug traffickers
increasingly using Ecuadorian vessels to transport
merchandise. A vigorous U.S. prosecution of the Bolivar case
might deter narcotraffickers from utilizing Ecuadorian
waters, he concluded. Fernandez initially pushed back,
claiming the "Colombian connection" was sketchy and the
ramming more a suicide mission than an attack. Rather than
dismiss the U.S. request immediately, he requested additional
information in order to make a more educated decision. The
Embassy May 11 provided Bolivar case specifics via diplomatic
note; a positive GoE response to the jurisdiction request
looks unlikely, however. END SUMMARY.


2. (SBU) U.S. law enforcement long believed the F/V Simon
Bolivar, an Ecuador-flagged fishing vessel, was involved in
trafficking cocaine to the United States. The USS Jarrett,
conducting C-N patrols in the eastern Pacific May 7, spotted
the Bolivar 130 miles west of Peru, doing no fishing. After
a PD-27 conference call, the interagency agreed to seek the
GoE's approval for interdiction, boarding, and inspection;
the Ecuadorians replied affirmatively 18 hours later. Upon
boarding, the Jarrett's inspection team discovered concealed
packages they assumed were drugs, despite the Bolivar crew
earlier having opened scuttling valves to sink the vessel.
In a final attempt to destroy evidence, the Bolivar's captain

accelerated to full speed and rammed the Jarrett, causing
minor damage to the warship but destroying the fishing
vessel. Jarrett crewmembers then apprehended the Bolivar's
captain and crew, and recovered over 100 bales of cocaine
from the wreckage.


3. (C) The Embassy May 10 received interagency-approved
guidance to approach the GoE, to seek a waiver of
jurisdiction over the apprehended Ecuadorian nationals and
allow a U.S. prosecution (Ref email). Poloff conveyed
preliminary information on the Bolivar seizure to MFA U/S for
Sovereignty and Limits Diego Stacey; the undersecretary
promised to brief the acting FM in advance of the Charge's
pre-scheduled call.


3. (C) The Charge told Fernandez that Washington agencies
viewed the Simon Bolivar case with great concern. A
Colombian Designated Terrorist Organization (DTO) was
involved, for instance. The multi-ton bust was the third
involving Ecuadorian crews in two weeks, pointing to
increasing DTO infringement of Ecuadorian sovereignty. And
the Bolivar captain had deliberately attacked a U.S. warship,
an action the USG viewed with great alarm. The Charge
emphasized he had Washington instructions to exert fullest
pressures to win jurisdiction over the captain, cargo and
crew.


4. (C) Fernandez's skepticism was thinly-veiled throughout
the meeting. He first questioned the DTO angle. "Where is
the proof?," he demanded. Fernandez also downplayed the
significance of the Bolivar's captain's ramming the Jarrett,
noting the vessels' size discrepancy from the photos the DCM
had brought. "Were there explosives on board? If not, it
looks more like an act worthy of Ripley's Believe it or Not."


5. (C) Despite his apparent doubt, Fernandez promised to
consider the USG request and cooperate in investigating the
case. He lamented the dearth of information with which to
make a decision to waive jurisdiction, however, claiming the
DCM's demarche and an earlier pre-brief were insufficient.
As an example, he lacked (and sought) the total weight of
drugs recovered. The DCM proposed transmitting a diplomatic
note containing case specifics; Fernandez welcomed the offer.
They promised to converse again before week's end.


6. (C) COMMENT: The Embassy delivered the diplomatic
correspondence May 11; it essentially recast the referenced
email. Regrettably, we consider the MFA appeal more a
stalling tactic than a good-faith request for information; a
positive response to our request for Bolivar jurisdiction
therefore would surprise us. Foreign Ministry elites long
have seen themselves the guardians of Ecuadorian sovereignty.
With the Alfredo Palacio administration now featuring
ultranationalist ministers, the situation likely will worsen,
and such sovereignty concerns could constrain the GoE from
waiving jurisdiction over this and other interdictions.
CHACON