POST REQUESTS EXTENSION OF RLA PROGRAM

UNCLAS MANAGUA 001392 SIPDIS SENSITIVE SIPDIS STATE FOR INL/LP, WHA/CEN JUSTICE FOR OIA, AFMLS, NDDS, OPDAT TREASURY FOR FINCEN E.O. 12958: N/A TAGS: ECON EINV KCOR KCRIM SNAR KJUS NU SUBJECT: POST REQUESTS EXTENSION OF RLA PROGRAM REF: A. MANAGUA 1327 ¶B. MANAGUA 605 ¶C. MANAGUA 911 ¶1. This is an action request. See para 3. ¶2. (SBU) SUMMARY: Ambassador requests serious consideration by State INL and DOJ-OIA of a continuation of the highly effective Resident Legal Advisor (RLA) position at Embassy Managua. Over the past three years, the RLA program has allowed this post to forge closer bonds at an institutional level with key members of the law enforcement and legal community, and to conduct critical instruction and training for professional-level law enforcement personnel. These programs have dovetailed perfectly with our USAID Rule of Law programs, allowing us to make significant inroads in the battle against corruption and organized crime, and forging closer relations at the working level with Nicaraguan prosecutors and law enforcement authorities. Among other accomplishments, we have finally managed to establish a single vetted unit of the Nicaraguan National Police to investigate and prosecute crimes related to narcotrafficking, international organized crime and corruption. We also have established a more direct, clear, and institutional relationship with the new Chief of Police, Aminta Granera, which has resulted in increasing success in the battle against narcotrafficking and transnational crime in particular. Continuation of this type of technical/professional-level cooperation will be especially important under the new Sandinista regime of Daniel Ortega, which has pledged to continue cooperation with the United States on international law enforcement matters, but at the same time is forging closer relations with rogue nations such as Venezuela, Iran and North Korea. END SUMMARY. ¶3. (U) Our Resident Legal Advisor (RLA) exercises primary responsibility for coordinating and monitoring post's anticorruption program, activities critical to the success of our mission's Rule of Law and Administration of Justice efforts. Post requests funding to extend the Resident Legal Advisor (RLA) program for fiscal year 2008. In order to share costs for the program, the RLA slot could expand to include regional training responsibilities. Currently, there are two DOJ representatives who cover Nicaragua: a judicial attach? in El Salvador charged with extradition cases for the Office of International Affairs; and an FBI representative based in Panama with operational responsibilities for Panama and Nicaragua. Neither DOJ representative has any training responsibilities, a key component of Nicaragua's program. Background on Post's RLA Program - - - - - - - - - - - - - - - - - ¶4. (SBU) In Nicaragua, corruption within the judiciary is an obstacle to all law enforcement efforts. Ineffective law enforcement institutions cannot currently deter crimes related to corruption, as the weakened and politically manipulated system justice system is vulnerable to undue influence. Indeed, transnational criminal organizations have taken advantage of the corruption within the criminal justice system, with Nicaragua fast becoming a haven for these organizations. ¶5. (SBU) Post consequently decided to develop a specialized unit to with high-profile financial, narcotics and corruption related crimes. The unit will bolster intelligence gathering and information sharing, centralize knowledge and capacity to increase the effectiveness law enforcement efforts and take over sensitive cases from ordinary law enforcement agencies that have been perceived as corrupt. The unit is centralized at the national level and staffed with hand-picked, vetted specialists -- currently only members of the Nicaraguan National Police are part of the unit, but we plan to include independent prosecutors as well as other law enforcement personnel. It is located in its own building and reports directly to the police chief. This provides a buffer against political and administrative interference. Ultimately, this arrangement will prevent corruption within the different components of the criminal justice system. ¶6. (SBU) Post first established the RLA office in the summer of 2004 to assist the GON in its efforts to combat corruption. The RLA supported the Nicaraguan Offices of the Attorney General and National Prosecutor, as well as the Economic Crimes Unit of the National Police by providing training and technical assistance to prosecutors and police on how to investigate and prosecute corruption cases. The RLA for FY 2005-2007 focused primarily on standing-up and training the vetted unit described above and coordinating Embassy anti-corruption efforts. There is no FBI or DHS representative at post, and the RLA acts as the liaison between the Embassy and DOJ on legal and law enforcement matters and assistance programs. Post is committed to ensuring the success of the vetted unit. Post estimates that USD 400,000 is needed for administrative costs to continue the RLA program. Accomplishments - - - - - - - - ¶7. (SBU) The RLA holds primary responsibility for coordinating the Embassy's anti-corruption efforts and is critical in assisting with efforts to combat financial crimes. Accomplishments include: - Developing a Vetted Unit After several years of planning, the GON, in cooperation with the Embassy, has established a new vetted unit that will conduct high profile and, at times sensitive, corruption, drug trafficking, drug-related weapons, and money laundering investigations. The unit is interdisciplinary, addressing both corruption, financial crimes and drug trafficking cases. The RLA was critical in setting up the unit and has developed a comprehensive multi-disciplinary training program to provide the unit's personnel with the necessary specialized knowledge to enforce the law against those who commit acts of corruption (MANAGUA 1327). In only the first month of existence, RLA provided training on investigative techniques and a seminar to develop a handbook on investigating financial crimes. The RLA worked with other law enforcement agencies for technical assistance and training support. The objective is for this unit to take charge of the investigation and prosecution of key corruption cases. - Continuation of Anti-Corruption Program and Training The RLA coordinated post's anti-corruption program, working closely with Embassy staff and Nicaraguan officials to identify corruption concerns and effectively address these concerns. He also provided training to enhance the ability of Nicaraguan prosecutors and investigators to work together and successfully target, investigate and prosecute corruption and financial crime cases. Most notably, the RLA recently organized a technical assistance project that assisted Nicaraguan law enforcement officials in developing a framework to work collaboratively to combat corruption. The three-day workshop was run by the RLA, a program manager from OPDAT, and an FBI agent who helped the attendees draft a handbook of best practices for investigating and prosecuting corruption and related crimes (MANAGUA 911). - Legislative Analysis and Reform The RLA has provided analysis of high profile cases of interest to the Embassy, such as the Volz and Almanza cases (MANAGUA 605). He analyzes Nicaraguan laws and procedures with an eye toward potential changes which would facilitate the investigation and prosecution of corruption cases and was a key partner in USAID efforts on the new criminal code. The RLA also provides guidance to the Embassy and GON on laws and cases involving money laundering, alien smuggling, and trafficking in persons. Future plans - - - - - - - ¶8. (SBU) With no DHS or FBI presence at post, it is essential to retain the RLA position to coordinate anti-corruption programs. Also, post does not have a Narcotic Affairs Section, only a Political Officer coordinating the INL portfolio. Thus, the expertise of an RLA is invaluable to other INL programs at post. Over the next year, the primary goal of the RLA program would be to help further develop the vetted unit, as well as assisting the GON in anti-corruption activities by helping law enforcement officials and prosecutors build their capacity to investigate and prosecute corruption cases. Towards this end, the RLA has developed a training schedule for the unit over the next six months which will enable the unit to engage in investigations of significant corruption cases. The RLA will also foster cooperation with Procuraduria and Fiscalia -- working to ultimately include them in the unit. ¶9. (SBU) Post believes that it essential to support the vetted unit and ensure that the unit is well-trained and capable of pursuing national investigations for domestic prosecution in Nicaraguan courts as well as helping with international cases. This commitment by the Embassy, INL, the RLA program and DEA furthers the USG's policy to assist Nicaragua in developing a credible program to combat its rampant public and private corruption. TRIVELLI