GOE INTERCEPTS MIGRANT SHIP, RETAINS JURISDICTION

UNCLAS QUITO 000472

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV SMIG SNAR EC
SUBJECT: GOE INTERCEPTS MIGRANT SHIP, RETAINS JURISDICTION
OVER ECUADORIANS


1. (SBU) Summary: There have been several significant
recent developments relating to maritime law enforcement.
The Ecuadorian Navy interdicted an overloaded fishing boat
off its coast on February 18 carrying more than 100 migrants
destined for Guatemala and the U.S. In another case, the GOE
has approved the use of an Ecuadorian Air Force plane to
retrieve 77 Ecuadorian intending migrants rescued on February
15 off the coast of El Salvador and currently in Guatemala.
However, the GOE continues to refuse to allow the U.S.
prosecution of Ecuadorian crew members of the
narcotrafficking vessel DIVI, intercepted by the U.S. Coast
Guard on February 7. The first two developments are
positive; the last reflects the political and legal
constraints that still remain despite generally excellent GOE
cooperation on counternarcotics. End Summary.

Ecuadorian Navy Intercepts Migrant Ship
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2. (U) On February 18, the Ecuadorian Navy intercepted a
fishing vessel, "LALO I", believed to have originated in
Peru, off the coast of Manabi province with close to 140
intending migrants on board. The migrants, of which there
were 98 Ecuadorians, 24 Peruvians, a Dominican, and three
Bangladeshis, intended to enter the United States via Central
America and Mexico. Two Ecuadorians and five Peruvians were
identified, by authorities as alleged crew members of the
ship. The Ecuadorian Navy responded to the migrant vessel
upon receipt of information provided by the USG.

Ecuadorians in Guatemala to Be Repatriated
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3. (U) A boat carrying 77 Ecuadorian migrants, which had
been stranded for several days, was found off the coast of El
Salvador on February 15 and the migrants rescued by the
British-flagged vessel "GREENWICH MAERSK." The migrants
claimed to have departed from Palta, Peru 15 days earlier
with an eventual destination of the United States. The
migrants were subsequently transferred to Guatemala. On
February 19, GOE DefMin Oswaldo Jarrin, with President
Palacio's approval, offered to send an Ecuadorian C-130 to
Guatemala to retrieve the migrants. Ecuadorian diplomats are
currently working out the logistical issues for the
repatriation and we await MFA confirmation of their return.

GOE Insists Ecuadorians be Tried Under EC Law
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4. (SBU) On February 7, the "USS GETTYSBURG" approached the
F/V "DIVI" approximately 1,000 nautical miles west of the
Galapagos. Two of the DIVI's crew members set off an
explosion which led to the sinking of the ship and the
majority of the cocaine the ship was carrying. Approximately
220 pounds of cocaine and all eight crew members of
Ecuadorian nationality were taken into custody by the U.S.
forces. In response to a February 9 U.S. diplomatic note
requesting U.S. jurisdiction over the prosecution of
Ecuadorian narcotraffickers, the GOE delivered a diplomatic
note on February 10 stating that under articles 4 and 17 of
the U.N. Convention Against Illicit Traffic in Narcotics
Drugs and Psychotropic Substances, the GOE affirmed its right
and obligation to prosecute the eight Ecuadorian crew members
in Ecuador.


5. (SBU) At the request of the Interagency Maritime
Operational Threat Response Committee in Washington, on
February 20 the DCM again requested a GOE waiver of
jurisdiction. The MFA Director General for National
Sovereignty Jaime Barberis reiterated the GOE response,
cleared by FM Francisco Carrion, regretting the MFA's
inability to change the earlier decision on the Ecuadorians
in the DIVI case. Barberis explained that under the
Ecuadorian constitution, Ecuador cannot surrender one of its
citizens for prosecution in a third country. (Note: Section
3, Chapter 2, Article 25 of the Constitution states: "Under
no circumstances will the extradition of an Ecuadorian
citizen be granted. The individual's trial is subject to
Ecuadorian law.")

Comment
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6. (SBU) The interception of the "LALO I" vessel is the
second instance in which the GOE has intercepted migrant flow
on the high seas in the past three months. It reflects GOE
resolve to deploy its limited naval forces against migrant
smugglers, and comes in the wake of the tragic loss of over
100 lives in August 2005 when an overloaded Ecuadorian vessel
sank 300 nautical miles west of Colombia. We are also
encouraged the GOE took responsibility for the repatriation
of its nationals rescued off the "GREENWICH MAERSK" from
Guatemala. To ensure continued GOE cooperation, we must
recognize the political and legal constraints that preclude a
GOE waiver of jurisdiction. Short of that step, cooperation
continues to be very positive. They are willing to provide
U.S. investigative access to defendants in Ecuador, and
parole them to the U.S. to testify as witnesses. We will
continue to press for effective domestic prosecution of
Ecuadorian criminals.
BROWN