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
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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
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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
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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