FBI DIRECTOR MUELLER DICUSSES

C O N F I D E N T I A L SECTION 01 OF 03 SANTO DOMINGO 004891 SIPDIS STATE FOR WHA, WHA/CAR, INR/IAA, INL; NSC FOR LATIN AMERICA ADVISOR; USSOUTHCOM ALSO FOR POLAD; FBI FOR DIRECTOR AND TIM MURPHY; DEPT OF JUSTICE FOR OIA E.O. 12958: DECL: 11/02/2015 TAGS: KJUS KPAO PINR PREL SNAR DR CU SUBJECT: FBI DIRECTOR MUELLER DICUSSES ENFORCEMENT/INTELLIGENCE ISSUES WITH DOMINICAN ATTORNEY GENERAL, NATIONAL POLICE CHIEF, AND INTELLIGENCE DIRECTOR Classified By: Political Officer Michael Garuckis for reasons 1.4 (b) and (d). ¶1. (U) SUMMARY. On October 17, 2005, FBI Director Mueller made a series of courtesy calls on senior Dominican justice and intelligence officials, several of whom participated in a same-day working lunch hosted by President Fernandez (SEPTEL). Attorney General Dominguez Brito, Chief of the National Police Santana Paez, and National Intelligence Director Castro Cruz used these individual meetings to lay out organizational agendas, discuss intra-governmental rivalries, and request US assistance in both police-training and counter-terrorism techniques. END SUMMARY -------------- Attorney General Dominguez Brito -------------- ¶2. (U) In a morning meeting also attended by US Ambassador Hertell, Legat, and Poloff, Director Mueller lauded Dominican Attorney General Dominguez Brito for both the improved relationship with US law enforcement (compared to relations under the previous Dominican administration) and the AG's anti-corruption emphasis despite difficulties in dealing with powerful personages ("you are particularly deserving of credit"). The Director commented that the entire Dominican judicial system is more efficient and effective than in the past. Mueller said that a "level playing field" is necessary to encourage foreign investment, foreshadowing his subsequent remarks to the press on bringing "white-collar" criminals to account. The Director noted that only through working together will both the United States and the Dominican Republic be successful in countering organized crime and trafficking in persons. Dominguez Brito, in turn, thanked Mueller for the US Government's efforts in regard to combating drug trafficking, corruption, and banking fraud. Describing Dominican justice sector improvements as "an interesting process occurring little by little," Dominguez Brito credited USAID legislative and technical assistance with an important contribution to professionalization of the sector, as well as fostering a "sprit of reform" currently felt throughout the government. Dominguez Brito took this opportunity to detail the top priorities of his office: -- 1) implementation of a public prosecutor career statute to establish an institutional process; -- 2) training and equipping of a forensic institute; -- 3) insuring the implementation of the new criminal procedures code; -- 4) implementation of a new penal model outside of National Police control and based on treatment/rehabilitation; -- 5) an increase in victim assistance programs; and -- 6) improvement in the justice system's handling of minors, both as accused criminals and as incarcerated individuals. During a brief discussion of crime statistics, Dominguez Brito noted: -- 1) 1,700 violent deaths occur annually, 1,300 of which are homicides; -- 2) while national homicide rates average 22/100,000, some neighborhoods in Santo Domingo average 40/100,000; -- 3) homicides are largely committed by handgun, with personal conflict and ingestion of alcohol being primary contributing factors; and -- 4) 5 to 6 percent of murdered women were killed by their spouses Dominguez Brito concluded that his government's "democratic security" plan was proving useful in combating violent crime. -------------- Police Chief Santana Paez -------------- 3) (C) Mueller's first meeting following the presidential lunch was with Police Chief Santana Paez, who had not been present at the lunch. Santana Paez was accompanied by Dominican Ambassador Roberto Valentin, currently serving as a police advisor. As at his first meeting, Mueller was accompanied by Ambassador Hertell, Legat, and Poloff. Santana Paez began by emphasizing his role as a career police officer (28-year veteran of force),a modern police chief (e.g., embracing forensic technology),and a friend of the United States. He addressed three significant issues facing the National Police: -- 1) Implementation/acceptance of the new criminal procedures code by senior police officials is not yet guaranteed. Santana Paez attributed resistance to change to the long legacy of dictatorship. The National Police had traditionally been charged with maintaining public order, not public safety -- protecting the government, not the citizenry. Santana Paez considers that some of the older generals (especially those without foreign experience) have not yet made the shift in thinking. Related problems include the deficient academic backgrounds of current officers and poor base pay ($100-$150/month) that 1) make difficult the recruitment of new officers, and 2) fail to provide sufficient incentives to retain officers who now have to learn a new system. Director Mueller commented that a key factor impeding implementation is the fact that Santana Paez is not able to appoint more than a handful of senior police officials. -- 2) Relations between Santana Paez and Interior & Police Minister Almeyda remain troubled, though "somewhat calmer" following a meeting between President Fernandez and Almeyda. Santana Paez cited two principal points of contention: 1) chain of command issues (i.e., Almeyda's past attempts to insert himself "unconstitutionally" into the police chain of command); and 2) Almeyda's desire that Santana Paez use Cuban police advisors in the Dominican Republic - a demand that Santana Paez categorically rejects as inappropriate ("Cubans can't teach us anything"). Santana Paez mentioned that he looks forward to February 2006, as there is talk of transferring Almeyda out of his current portfolio around that time. -- 3) Inappropriate use of lethal force remains a problem, including extrajudicial killings. Santana Paez said the National Police and the AG's Office are working to combat extrajudicial killings through investigation, prosecution, and training, Requests/Offers of Assistance -------------- Director Mueller succinctly noted that it is "very difficult when people are given weapons" and that extensive training on the proper use of force is critical. He offered assistance, "to the extent that we can assist with how we train." Santana Paez asked for an increased number of Dominican National Police-FBI Academy exchanges or, at a minimum, FBI instructors to train (short-course) Dominican police in the Dominican Republic - with particular attention paid to processing crime scenes and gathering and preserving evidence. -------------- Intelligence Director Castro Cruz -------------- 4) (C) Mueller, accompanied by the same embassy officials plus Embassy SAA Chief, called on National Office of Investigations (DNI) Director Castro Cruz. Castro Cruz spoke of what he viewed as a key post-9/11 lesson for the United States - national security involves integration of intelligence systems. He stated his goal was remaking the DNI into a truly centralized intelligence agency, which would necessitate a quantitative leap forward. Castro Cruz also complained of the currently poor intelligence sharing practices of the DNI (which primarily targets illegal immigration),the National Drug Control Directorate (targeting illegal narcotics flows),and the National Police (targeting common crime). He said that his organization suffers from poor infrastructure, including a poorly sited headquarters within the Presidential Palace complex, a limited signals intelligence capability, and the complete absence of a human intelligence capacity abroad. Castro Cruz suggested that should centralization of the intelligence mission be accomplished, the DNI could work jointly with the United States and other friendly nations in a proactive manner. In the meantime he asks for FBI cooperation in counter-terrorism training for DNI personnel. Director Mueller described generally USG successes in overcoming the separation between the FBI and outward-looking US intelligence agencies (i.e., CIA, DIA, NSA). He noted that compared to the overall population of the United States, the FBI is a very small service. Accordingly, the FBI relies on state and local law enforcement agencies to gather intelligence, which is then integrated with that coming from overseas. Castro Cruz replied that this was a "very good and interesting approach that may be of use to us." Castro Cruz said that the DNI, too, is quite small - 2,500 officers currently serve, approximately 20 percent of whom are military personnel. KUBISKE