Identifier
Created
Classification
Origin
06LIMA1156
2006-03-23 22:48:00
CONFIDENTIAL
Embassy Lima
how-toVZCZCXYZ0002 PP RUEHWEB DE RUEHPE #1156 0822248 ZNY CCCCC ZZH P 232248Z MAR 06 FM AMEMBASSY LIMA TO RUEHC/SECSTATE WASHDC PRIORITY 9380 INFO RUEHQT/AMEMBASSY QUITO PRIORITY 0154 RUEHLP/AMEMBASSY LA PAZ MAR 3143 RUEHCV/AMEMBASSY CARACAS PRIORITY 9209 RUEHSG/AMEMBASSY SANTIAGO PRIORITY 0327 RUEHBU/AMEMBASSY BUENOS AIRES PRIORITY 2311 RUEHBO/AMEMBASSY BOGOTA PRIORITY 3152 RUEATRS/DEPT OF TREASURY WASHDC PRIORITY RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY
C O N F I D E N T I A L LIMA 001156
SIPDIS
SIPDIS
DEPT FOR WHA/AND, WHA/EPSC, EB/IFD/OFD, EB/CBA, EB/IFD/OIA
DEPT PASS TO USTR - BHARMAN
COMMERCE FOR 4331/MAC/WH/MCAMERON
TREASURY FOR OASIA/INL
E.O. 12958: DECL: 03/23/2016
TAGS: EFIN ETRD EINV PE
SUBJECT: NEW DEVELOPMENT IN GE CASE
REF: LIMA 126
Classified By: AMBASSADOR J. CURTIS STRUBLE FOR REASONS 1.4 (B) AND (D)
C O N F I D E N T I A L LIMA 001156
SIPDIS
SIPDIS
DEPT FOR WHA/AND, WHA/EPSC, EB/IFD/OFD, EB/CBA, EB/IFD/OIA
DEPT PASS TO USTR - BHARMAN
COMMERCE FOR 4331/MAC/WH/MCAMERON
TREASURY FOR OASIA/INL
E.O. 12958: DECL: 03/23/2016
TAGS: EFIN ETRD EINV PE
SUBJECT: NEW DEVELOPMENT IN GE CASE
REF: LIMA 126
Classified By: AMBASSADOR J. CURTIS STRUBLE FOR REASONS 1.4 (B) AND (D)
1. (SBU) The Ambassador, during a March 21 meeting with
Disputes Coordinator Aurelio Loret de Mola, raised the
General Electric case. He noted that the U.S. company feared
that the First Criminal Court of Appeals would overturn the
Summer Court of Appeal's January ruling upholding the lifting
of the international arrest warrants against GE executives
(reftel). Loret de Mola predicted that because one of the
Appeals Court judges was not properly notified, it was likely
that the Appeals Court, which does not tend to rule on
constitutional issues but on procedural issues, would
overturn the decision. However, Loret de Mola was confident,
after speaking with several Constitutional Tribunal Justices,
that the remaining habeas corpus petition in front of the
Constitutional Tribunal would be decided in favor of the
company.
2. (SBU) General Electric representatives informed us March
23 that the First Criminal Court of Appeals overturned the
previous decision. The Court is scheduled to hear the case
on March 27. According to Buck DeWolfe, GE's Legal Counsel,
after the December 27 the Constitutional Court ruling, the
Prosecutor's office was to review the GE file to determine
whether there was a basis to reinstate the investigation.
The Prosecutor's office has since returned the file to the
original judge, Herrera Cassina, who should turn the file
over to the Court of Appeals. GE believes that the file is
still with Judge Cassina and that he may hold onto the file
and reopen the investigation.
3. (C) Comment: If the case is reopened and Judge Cassina
claims that there is evidence to reinstate the arrest
warrants, GE contends that warrants could be issued as early
as April 6. Post does not believe that this is a likely
scenario. If new warrants are issued, Post would repeat what
we successfully did in the past to prevent notification to
Interpol. The Chief of Police and the Interior Minister
would once again be key allies. End Comment.
STRUBLE
SIPDIS
SIPDIS
DEPT FOR WHA/AND, WHA/EPSC, EB/IFD/OFD, EB/CBA, EB/IFD/OIA
DEPT PASS TO USTR - BHARMAN
COMMERCE FOR 4331/MAC/WH/MCAMERON
TREASURY FOR OASIA/INL
E.O. 12958: DECL: 03/23/2016
TAGS: EFIN ETRD EINV PE
SUBJECT: NEW DEVELOPMENT IN GE CASE
REF: LIMA 126
Classified By: AMBASSADOR J. CURTIS STRUBLE FOR REASONS 1.4 (B) AND (D)
1. (SBU) The Ambassador, during a March 21 meeting with
Disputes Coordinator Aurelio Loret de Mola, raised the
General Electric case. He noted that the U.S. company feared
that the First Criminal Court of Appeals would overturn the
Summer Court of Appeal's January ruling upholding the lifting
of the international arrest warrants against GE executives
(reftel). Loret de Mola predicted that because one of the
Appeals Court judges was not properly notified, it was likely
that the Appeals Court, which does not tend to rule on
constitutional issues but on procedural issues, would
overturn the decision. However, Loret de Mola was confident,
after speaking with several Constitutional Tribunal Justices,
that the remaining habeas corpus petition in front of the
Constitutional Tribunal would be decided in favor of the
company.
2. (SBU) General Electric representatives informed us March
23 that the First Criminal Court of Appeals overturned the
previous decision. The Court is scheduled to hear the case
on March 27. According to Buck DeWolfe, GE's Legal Counsel,
after the December 27 the Constitutional Court ruling, the
Prosecutor's office was to review the GE file to determine
whether there was a basis to reinstate the investigation.
The Prosecutor's office has since returned the file to the
original judge, Herrera Cassina, who should turn the file
over to the Court of Appeals. GE believes that the file is
still with Judge Cassina and that he may hold onto the file
and reopen the investigation.
3. (C) Comment: If the case is reopened and Judge Cassina
claims that there is evidence to reinstate the arrest
warrants, GE contends that warrants could be issued as early
as April 6. Post does not believe that this is a likely
scenario. If new warrants are issued, Post would repeat what
we successfully did in the past to prevent notification to
Interpol. The Chief of Police and the Interior Minister
would once again be key allies. End Comment.
STRUBLE