PARAGUAY: 12 CONVICTED FOR CECILIA CUBAS

S E C R E T ASUNCION 001208

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/04/2026
TAGS: PREL PGOV PTER PINR KCRM PA CO VE CU
SUBJECT: PARAGUAY: 12 CONVICTED FOR CECILIA CUBAS
KIDNAPPING AND MURDER

REF: A. 05 ASUNCION 1329 AND PRECEDING

B. ASUNCION 0680

C. ASUNCION 0503

D. ASUNCION 0264 AND PRECEDING

Classified By: DCM Michael J. Fitzpatrick; Reasons 1.4(b),(d)


1. (U) SUMMARY: Twelve of the 15 individuals charged with the
2004-5 kidnapping and murdering Cecilia Cubas, daughter of
former President Raul Cubas, were convicted November 28.
Their sentences,released December 1, range from between 10
and 35 years. Several of the defendants have ties to the
leftist Free Fatherland Party (PPL) which, in turn, has
received support from the Revolutionary Armed Forces of
Colombia (FARC) and other foreign governments. The PPL
supports armed struggle as a means to overthrow the
Paraguayan elected government. END SUMMARY.

The Guilty Verdict


2. (U) Twelve of the 15 individuals charged with kidnapping
and murdering Cecilia Cubas were convicted November 28. The
various defendants' involvement in the case ranged from
masterminding the crime, to conducting surveillance of the
victim, to making logistical arrangements in connection
holding the victim hostage and providing a safe-haven for the
criminal gang (ref A). The defendants were given lengthy
prison terms ranging from 10 to 35 years. The justices
sentenced Osmar Feliciano Martinez and Anastacio Mieres
Burgos to 35 years; Francisca Andino was sentenced to 30
years; Roberto Otazu Bustos to 25 years and nine months; and
Sebastian Osorio to 18 years. Pedro Chamorro Melgarejo,
Manuel Portillo Gomez, former police officer Jose Domingo
Hidalgo, and Vaciano Ruben Acosta, who were found guilty of
accessory, were sentenced to 24 years and 9 months. Aldo
Meza Martinez, who is already serving an 18-year sentence for
the kidnapping of Maria Edith de Debernardi in 2001, was
sentenced to 15 years. Rosalba Jara Drakeford and Lidia
Samudio, who were charged with conspiracy, will serve 5-year
sentences. The sentences for the defendants is to be issued
on December 1. The other three defendants Asael Salas, Jose
Martinez Duran and Jose Martinez were absolved of the crimes
and set free. (NOTE: Cubas was kidnapped on 21 September 2004
in front of her residence in San Lorenzo, in the outskirts of
Asuncion, and her body was found in a tunnel under a house
located in Nemby, Central Department, in February 2005. END
NOTE).

The Ones that Got Away


3. (U) Several of the co-conspirators remain at large. Six
men escaped to Argentina (one of whom fled to Bolivia after
the others were captured) and are awaiting the possibility of
extradition. Two persons escaped to Bolivia and extradition
is pending. (NOTE: Blas Franco Aquino and Angel Acosta
initially received refugee status in Bolivia but the Supreme
Court overturned that decision in August. They remain
at-large (ref B) END NOTE). An additional nine persons
remain at-large and are under investigation.

Terrorist and Foreign Government Connections


4. (C) Many of those convicted are members of, or associated
with, the Free Fatherland Party, (PPL). The PPL is a
registered political party but its military wing is a band of
criminals that emulates and has ties to the FARC. The PPL
also promotes the violent overthrow of the government. Its
leaders Juan Arrom and Anuncio Marti were accused of the
Maria Edith Bordon de Debernardi kidnapping in 2001 and fled
to Brazil, later acquiring refugee status. Sensitive
reporting indicates that Arrom orchestrates PPL activities
from Brazil (refs A and C).


5. (U) In May, a self-described PPL-member, Ruben Dario
Bernal, surrendered to police and claimed to have insights
into the size, capabilities, objectives and foreign
(including FARC) ties. Dario claims the group is well-armed
and reported that FARC members are training them in Paraguay
on a regular basis. Their training includes indoctrination
in radical ideology, and the group's members advocate "the
armed struggle against the imperialism that oppresses
socialist ideas" (ref C).


6. (S/NF) Sensitive reporting also indicates that Venezuela
and Cuba are also playing a role in fomenting leftist
ideology in Paraguay. Venezuela has reportedly provided
political training to the PPL and paid for its members to
travel to Venezuela and then to Colombia to train with the
FARC (ref D). Additional reporting suggests the PPL

continues to acquire support from Bolivia.


7. (C) COMMENT: This case has received wide attention over
the last two years starting with the tragic kidnapping and
murder of Cecilia Cubas and continuing with the capture and
trial of many of the principal conspirators. Cubas' mother,
Mirtha Gusinsky, has assumed a prominent role in pressing for
justice and this decision represents a significant victory in
the fight against impunity and domestic terrorism. The
response to the threat posed by the PPL has been mixed.
Senior Paraguayan military leaders have sought to play down
the threat describing its members as mere bandits. Meanwhile
the police have reportedly established more of a presence in
the northern part of the Department of San Pedro, where the
PPL is largely based and where the Paraguayan state has
historically been absent. Separately, both we and the
Colombians have stepped up efforts to train and equip those
law enforcement and security units best positioned to respond
to any threat. END COMMENT.
CASON