Identifier
Created
Classification
Origin
05SANTODOMINGO370
2005-01-26 17:21:00
UNCLASSIFIED
Embassy Santo Domingo
Cable title:  

DOMINICAN ATTORNEY GENERAL JAILS

Tags:  KCRM PGOV DR 
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UNCLAS SANTO DOMINGO 000370 

SIPDIS

STATE FOR WHA/CAR (MCISAAC),GTIP (OWEN); SOUTHCOM ALSO FOR
POLAD

E.O. 12958: N/A
TAGS: KCRM PGOV DR
SUBJECT: DOMINICAN ATTORNEY GENERAL JAILS
TRAFFICKER-CONGRESSMAN, ASKS CONGRESS TO STRIP HIM OF
IMMUNITY


UNCLAS SANTO DOMINGO 000370

SIPDIS

STATE FOR WHA/CAR (MCISAAC),GTIP (OWEN); SOUTHCOM ALSO FOR
POLAD

E.O. 12958: N/A
TAGS: KCRM PGOV DR
SUBJECT: DOMINICAN ATTORNEY GENERAL JAILS
TRAFFICKER-CONGRESSMAN, ASKS CONGRESS TO STRIP HIM OF
IMMUNITY



1. Dominican Attorney General Francisco Dominguez Brito had
accused alien smuggler Congressman Guillermo Radhames Ramos
Garcia arrested at 7 a.m. on January 13, the first day that
the House was no longer in session. Bailiffs delivered him
to Najayo jail on January 13 to await his next trial date,
February 9. Assistant Attorney General for trafficking in
persons Frank Soto told poloff that the detention is valid
until Congress reconvenes in its regular session on February

27.


2. Ramos Garcia is formally charged with smuggling 16 Asians
across the Dominican border with Haiti when he was consul in
Cape Haitien in 2002. Since he is a member of the House of
Representatives. he enjoys constitutional immunity while
Congress is in session; his status means that charges against
him must be heard in the Supreme Court. Article 32 of the
Dominican Constitution provides that no sitting Sentor or
Deputy can be deprived of his personal liberty "during the
legislature" without the consent of the house to which the
Senator or Deputy belongs.


3. In late January President Fernandez convoked Congress for
an extraordinary session to consider various financial
issues. Ramos Garcia's lawyers petitioned for his release,
contending that the constitutional provisions apply when
Congress is in extraordinary sessions, as well. The Attorney
General's office plans to fight the release request as a
matter of interpretation of Article 32. (The opening of the
extraordinary session, set for January 25, was delayed when
congressional legal staff noted that Fernandez's convocation
was incorrectly dated 2004 instead of 2005.)


4. Attorney General Dominguez Brito wrote on January 25 to
President of the House of Representatives Alfredo Pacheco
asking that the House revoke Ramos Garcia's immunity owing to
the the severity of the alleged crime and "the burden of
shame" that the case has caused to the Dominican Republic's
international reputation. Dominguez Brito's position was
supported by daily paper El Caribe. The paper's lead
editorial commented, "Immunity should not be a refuge that
gives impunity to any Congressman," and called for Ramos
Garcia's to be kept in jail. If the House of Representatives
revokes Ramos Garcia's immunity, he may be detained for as
long as the case takes to process. As of January 26 Ramos
Garcia remains in jail.

Comment
- - - -


5. The Attorney General's public position demonstrates the
determination of the administration to hold Ramos Garcia
responsible. It also reflects the Embassy's continued
efforts to move this case to completion. The House has had
no appetite up to now for suspending one of its own, but
pressure from the executive branch and the public might
change its mind. Keeping Ramos Garcia in jail would not be
likely to affect the deliberations of Supreme Court justices
but would be important in convincing the public that there is
hope for prosecuting those who have arrogantly enjoyed
impunity, whether legal or de facto.
HERTELL