HONDURAN IMMIGRATION SCANDAL: ROMERO LOSES APPEAL

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001821

SIPDIS

STATE FOR S/CT, PRM, G/TIP, DRL/PHD, AND DRL/IL
STATE FOR WHA/CEN, INL/LP, INR/GGI, L/WHA, L/DL, AND CA
STATE FOR DS/IP/WHA, DS/CR/CIL, AND DS/CR/VF

E.O. 12958: DECL: 09/02/2035
TAGS: SMIG PGOV KCRM PTER SNAR PREL ASEC KLIG HO
SUBJECT: HONDURAN IMMIGRATION SCANDAL: ROMERO LOSES APPEAL
BY PUBLIC MINISTRY; REMAINS FREE; PLANS TO FILE "AMPARO"

REF: TEGUCIGALPA 1802 AND PREVIOUS

Classified By: Charge d'Affaires a.i. James G. Williard;
reasons 1.4 (b) and (d).


1. (C) Summary. The Tegucigalpa Appeals Court ruled 2-1 late
August 31 in favor of the Public Ministry's appeal of the
August 18 decision by a lower court to grant bail to former
Honduran Immigration Director Ramon Romero on the charge of
abuse of authority. Post's initial assessment is that
Romero's legal complaint against EmbOffs will likely go
nowhere, but Post will consult with L on how to proceed. End
Summary.


2. (U) The Tegucigalpa Appeals court ruled 2-1 late August 31
in favor of the Public Ministry's appeal of the August 18
decision by a lower court to grant bail to Former Honduran
Immigration Director Ramon Romero on the charge of abuse of
authority.


3. (C) The vote against the appeal (and therefore siding with
Romero) was by Judge Francisco "Paco" Ruiz, a close contact
of the Embassy who met August 30 with EmbOffs to discuss the
case. Ruiz (protect) sent Post a copy of the ruling
September 1 and told PolChief later that day that he wrote
the decision and his vote against it was part of a strategy.
Ruiz explained further on September 2 that the ruse was made
necessary by rumblings from Romero's defense attorney that
Romero would appeal a decision as biased if Ruiz voted in
favor of the appeal, arguing that Ruiz was known to be close
to the Embassy. Ruiz said that as it stood now, he had
insulated himself from such accusations.


4. (U) It is unclear when Romero will be returned to jail.
Post understands that Romero has the right to appeal the
appeals court decision to the Constitutional Chamber of the
Supreme Court, using the "amparo" process (akin to the habeas
corpus process) and that he plans to do so. Romero has three
days to file an "amparo" after official notification from the
appeals court. Romero will remain free until the Supreme
Court reaches a verdict on Romero's "amparo" request, which
could take weeks.


5. (C) RSO spoke to Special Prosecutor for Organized Crime
Doris Aguilar on August 31 about the legal complaints by
Romero against her and the Embassy. Doris was quite
confident that the complaints against EmbOffs would never be
investigated. She stated that the complaints against her
would likely be investigated and that Romero could use this
as a defense strategy to try to get the case reassigned to a
different prosecutor.


6. (C) Charge led a meeting September 1 of relevant Embassy
sections to discuss any steps required to address the
complaint against the Embassy. Management Officer Jesse
Coronado has been designated as Post's POC with L on any
possible issues resulting from Romero's legal complaint.


7. (C) Comment: Post was happy to see the Public Ministry
win its appeal. While still unclear as to what exactly led
to Romero's reversal in fortune, Ruiz is clearly expertly
managing his part in this legal drama. It should be noted
that Supreme Court President Vilma Morales - who was known to
previously support Romero in the appeals process - gave the
A/DCM a thumbs-up and smile after the decision was announced,
when she saw him at an event. This suggests that Morales
interceded with the appellate court at the urging of
President Ricardo Maduro, who had told the Charge on August
27 that he had discussed with Morales how to send Romero back
to jail. Amparos are notorious legal tools in Latin American
justice systems, and Post will believe Romero will return to
prison when it actually happens. In addition, the larger
issue of Romero's actual trial, and the need for the Public
Ministry to file additional stronger charges against Romero,
is still pending. End Comment.
Williard