DOMINICAN COURT DENIES EXTRADITION REQUEST

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 002111

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CAR (MCISAAC),L/LEI (TAYLOR AND FUENTES)
DEPARTMENT OF JUSTICE FOR CRIM/OIS (MAZUREK, ORJALES,
SOKOHL)
US MARSHAL SERVICE PLEASE PASS TO CHRIS DUDLEY
DEA FOR OF, OFI, DO, DCO

E.O. 12958: N/A
TAGS: CJAN KJUS SNAR PREL DR
SUBJECT: DOMINICAN COURT DENIES EXTRADITION REQUEST

REF: A. 04 STATE 267518


B. SANTO DOMINGO 1971

C. EMAILS EMBASSY SANTO DOMINGO TO/FROM L/LEI AND
DOJ/OIA


1. (U) SUMMARY. On April 8. 2005, the Penal Chamber of
the Dominican Supreme Court denied the USG request for
extradition for Frank Alvarez. The denial was based on lack
of sufficient information to identify the fugitive in court
as the person the USG believes to have committed the crime in
the United States. The extradition request was dismissed
without prejudice and allows for the USG to resubmit an
extradition request with supplemental information. Frank
Alvarez was released from custody pursuant to the Supreme
Court's decision. Embassy Santo Domingo supports the
resubmission of an extradition request in this case. END
SUMMARY.


2. (U) On April 8, 2005, the Penal Chamber of the Supreme
Court denied the USG extradition request for Frank Alvarez.
Alvarez is wanted in the Western District of New York to
stand trial on federal narcotics charges (ref A). The Court
released the 30-page written decision in the case on April
11, 2005 (a copy will be pouched to L/LEI). In its decision
the Court stated that there, "exists a reasonable doubt about
the identity of the person requested in extradition." The
Court stated that the extradition request listed the date of
birth of the fugitive as July 21, 1968, whereas the birth
certificate produced by the defendant listed a birth date of
July 16, 1968. Secondly, the defendant presented to the
Court a certification from the Dominican Migration
authorities that stated that Ramon Amado Rodriguez Caceres
(the name Alvarez uses in the Dominican Republic),did not
enter or leave the county form December 1999 to the present
date, leading the Court to conclude, "it appears that
(Alvarez) had not left the country during the dates indicated
by the requisitioning country."


3. (SBU) In two different portions of the Court's decision,
the phrase "for the time being" ("por el momento") is used by
the Court in its denial of the extradition request. That
phrase, according to the Asst. Attorney General who handles
extradition cases, is the equivalent of a dismissal without
prejudice. The USG is free to submit another extradition
request for Frank Alvarez. The Asst. AG suggested that any
subsequent request should contain affidavits identifying the
fugitive based on surveillance photos and photos from the
fugitive's Dominican identification card (cedula) and a
fingerprint card, if available.


4. (SBU) The Asst. AG also stated that privately she heard
what distinguished this case from the previous two successful
cases (ref B) was that the USG did not provide finger print
identification for this fugitive. A review of the original
extradition cable (ref A) stated that a fingerprint card was
included as an exhibit in the extradition package, however,
subsequent emails from L/LEI confirmed that no fingerprint
evidence was provided in the extradition package that was
delivered to the Dominican government.


5. (SBU) At the request of Embassy Santo Domingo, the AG's
office provided us with the Dominican identification card
number cedula number) that the fugitive is using in the
Dominican Republic. Legat will use this information to
obtain a copy of the photo from this identity document. The
photo will be forwarded to the appropriate U.S. authorities
in Buffalo, NY, so that identity affidavits can be prepared.


6. (SBU) When asked in regard to procedure in future cases
if it be would possible to request that a fugitive remain in
custody while the USG attempts to provide supplemental
information, the Asst. AG said that she could make the
request but that she thought it unlikely that the Court would
grant it. The Asst. AG told us that she will be more careful
in the future in reviewing USG extradition packages for
completeness before she requests Supreme Court hearings. We
assured her that the USG has taken note of the Court's
decision and that we too will be vigilant in scrutinizing
identification evidence prior to making any formal requests
to the Dominican government.


7. (SBU) COMMENT. We are disappointed that Frank Alvarez
is currently a free man. Nevertheless, the denial in this
case was made on a legitimate legal basis; in indication that
the Penal Chamber of the Supreme Court is taking its new role
in extradition cases seriously and is meticulously addressing
our submissions. Each extradition package submitted to the
GODR will have to contain sufficient indices of proof of
identification for each fugitive. Embassy Santo Domingo
further recommends that DOJ/OIA submit a new extradition
package for Frank Alvarez with supplemental identification
information and support. END COMMENT.


8. (U) Drafted by Angela Kerwin. Further information on
recent extradition cases can be found on our SIPRNET website
at http://www.state.sgov.gov/p/wha/santodomingo.

HERTELL