ECUADOR TO COOPERATE ON ANTI-SMUGGLING CASES

C O N F I D E N T I A L SECTION 01 OF 02 QUITO 002678

SIPDIS

SENSITIVE

STATE FOR INL/C - W. MCKENNA, S. PETERSON; DOJ FOR PAUL
JOSEPH; ICE FOR GABRIEL GARCIA; DOJ FOR WILLIAM HO-GONZALEZ

E.O. 12958: DECL: 11/21/2015
TAGS: KCRM PHUM PREL SMIG PBTS PGOV
SUBJECT: ECUADOR TO COOPERATE ON ANTI-SMUGGLING CASES

Classified By: Rosemary Macray for reasons 1.4 (b) and (d)


1. (U) Summary: Ecuador's top officials committed to working
with U.S. law enforcement authorities to slow illegal
immigration and put alien smugglers behind bars during a
November 16-18 visit by DOJ prosecutors and DHS agents. The
visit came just days after Ecuadorian police arrested a
couple alleged to be responsible for the August drowning
deaths of nearly 104 intending immigrants off Colombia. The
GOE leaders are willing to allow the alleged human
traffickers to be brought to the United States, and offered
to share more evidence in smuggling investigations and
bolster the budget for smuggling-related law enforcement.
The Embassy concurs with legal efforts to try the smugglers
in the U.S. via travel through third country, given the weak
justice system here. End Summary.


2. (U) The arrest of human smugglers Milton Bautista Guzman
and his wife, Patricia Pesantez, in Cuenca on November 14
formed the backdrop for the talks. Bautista is alleged to be
the organizer of the tragedy at sea when an overloaded
migrant ship sank near Galapagos on August 13, 2005, killing
104 migrants. U.S. and Ecuadorian investigators spent most of
November 16 taking testimony from survivors and from family
members of the drowning victims.


3. (C) Presidential spokesman Jose Toledo, Attorney General
Cecilia Armas and the Presidential Advisor Jose Apolo
acknowledged the possibility that under Ecuador's incomplete
legislation and corrupt judicial system, the smugglers could
well go free. Corruption and threats against judges and
prosecutors have thwarted justice in the past.


4. (C) DOJ attorneys offered to try the pair in the U.S.
where, if convicted, they would face stiff sentences.
Because Ecuador's constitution does not allow its nationals
to be extradited, U.S. and Ecuadorian officials discussed how
to legally bring the couple to the United States. USG
officials suggested that the GOE send the two to Guatemala,
where they would be subpoenaed to testify in a pending
smuggling case. After taking their testimony, the GOG would
then expel them to the United States to face charges for the
drownings. GOE officials agreed to the plan
enthusiastically, and Presidential advisors Apolo and Toledo
said they would also recommend to the president a
constitutional change to permit future extradition of
Ecuadorians.


5. (SBU) President Palacio is very interested in combating
alien smuggling and TIP in Ecuador, Toledo said, noting that
he would prepare a report for the president and convene a
high-level working group on the smuggling issue (another
interagency group on Trafficking in Persons already exists).
A former journalist, Toledo said he would work to keep
smuggling cases like the August drowning before the public,
to create pressure for legal authorities to follow through on
prosecutions here.


6. (SBU) AG Armas complained of a lack of funding for
prosecutors, especially in Guayas province, where most
smuggling cases occur. U.S. and Ecuadorian authorities also
spoke of the need to expand a special vetted unit dedicated
to smuggling and human trafficking cases. Toledo said he
would pursue needed money through the president's office.

Comment
--------------


7. (C) DOJ and DHS visitors left Quito pleased with the
GOE's willingness to cooperate. Prospects for a change to
the constitution to permit extradition of Ecuadorian
nationals are low, and a move in Congress to stiffen
penalties for human smugglers has been sidelined during the
recent confrontation with the president over his proposed
referendum. Given the importance of effective prosecution of
the Bautista pair, we concur with the plan to prosecute in
the U.S. However, if Washington agencies authorize the plan
and the government of Guatemala agrees to deport Bautista and
his wife to the U.S., we should be prepared to counter public
criticism here and possibly elsewhere. To do so, we should
emphasize the gravity of the alleged crime (104 innocent
deaths),and the useful cooperation between Ecuador,
Guatemala and the U.S. to prevent future smuggling tragedies.
We should not/not discuss GOE concerns that these
traffickers would not face justice in Ecuador, which would be
embarrassing to the GOE and could generate a defensive
reaction.


8. (SBU) We have already proposed USG support to the
anti-smuggling/TIP vetted unit, which has received NAS
funding in the past and is being considered for G/TIP
support. We are convinced that only such a carefully
screened unit can effectively investigate sensitive smuggling
and TIP operations. The unit currently operates with DHS
guidance, although coordination would be improved with the
assignment of permanent DHS staff in Quito and Guayaquil. In
September, National Police Chief Jose Vinueza requested NAS
support for expansion of the special unit to Guayaquil and
Cuenca. While awaiting a response on funding from G/TIP, we
will encourage the GOE to provide its own funding for the
special unit.
JEWELL