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

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Attorney General Dominguez Brito
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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.

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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.

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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