Identifier
Created
Classification
Origin
07PANAMA189
2007-02-07 19:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Panama
Cable title:
PANAMA: NORIEGA EXTRADITION AND FRANCE
how-toVZCZCXYZ0000 RR RUEHWEB DE RUEHZP #0189/01 0381918 ZNR UUUUU ZZH R 071918Z FEB 07 FM AMEMBASSY PANAMA TO RUEHC/SECSTATE WASHDC 9777 INFO RUEHFR/AMEMBASSY PARIS 0116 RHMFISS/CDR USSOUTHCOM MIAMI FL RUEAIIA/CIA WASHDC RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RHEFDIA/DIA WASHDC RHMFISS/JOINT STAFF WASHINGTON DC RHEHNSC/NSC WASHDC RUEKJCS/OSD WASHDC
UNCLAS PANAMA 000189
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: KJUS KCRM PGOV PREL FR PM
SUBJECT: PANAMA: NORIEGA EXTRADITION AND FRANCE
-------
SUMMARY
-------
UNCLAS PANAMA 000189
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: KJUS KCRM PGOV PREL FR PM
SUBJECT: PANAMA: NORIEGA EXTRADITION AND FRANCE
--------------
SUMMARY
--------------
1. (SBU) French Ambassador to Panama Christophe Philibert
provided Ambassador on February 5 a non-paper concerning the
extradition of former Panamanian strongman Manuel Antonio
Noriega to France (para 2). Philibert also provided a draft
press communique on the matter for use in Panama (para 3).
End summary.
--------------
Non-Paper
--------------
2. (SBU) Philibert provided the following non-paper,
prepared in English. (Note: Philibert personally translated
this non-paper to English from French, and it contains a
number of English spelling, punctuation, and grammatical
errors.) Begin text:
Situation of Mr. M. Noriega in France.
The Paris court of justice (tribunal de grande instance) has
condemned Mr. Manuel Antonio Noriega, in his absence, on July
1st, 1999, to a penalty of 10 years in prison and a fine of
75 millions francs (now over 11 millions euros) for having
carried out financial operations between France and foreign
countries with money coming from illegal traffic of
narcotics. His wife, charged together with Mr. Noriega, Ms.
Felicidad Sieiro, has also been sentenced in the same
judgement to 10 years in prison and a fine of 100 millions
france (more than 15 millions euros).
The Republic of Panama, plaintiff claiming damages, could not
obtain from the court that Mr. Noriega and Mrs. Sieiro be
sentenced to a compensation of 380 millions francs (nearly 58
millions euros) for moral and material damage to the
Panamanian State. The Republic of Panama has brought an
appeal, and the Paris Court of appeal will examine this
appeal on Nov. 20, 2007. It is admitted that the sentence of
1999, having been pronounced in the absence of Mr. and his
wife, is not definitive. Therefore the claim of the Republic
of Panama will be examined only after the penal sentence is
definitive.
The illegal actions have been committed on french soil, in
Paris and Marseilles. The court has delivered an order to
arrest (Mr. Noriega and Mrs. Sieiro). Mr. Noriega, as soon
as he arrives in France, will have the possibility to be
judged again in his presence. The facts for which Mr.
Noriega is now in prison in the United States being different
from those explaining his condemnation by a french court, Mr.
Noriega will have, if he is extradited to France, to purge
his offences (prison and fine of 1999, or new ones in the
case he would be sentenced differently after a new process.
In march, 2004, the French ministry of justice, on the basis
of the bilateral extradition treaty of 23 april, 1996 between
France and the US, has sent to the US authorities a request
to obtain the extradition of Mr. Noriega. In a note of april
6, 2006, the US State Department has asked France written
assurances on our capacity to recognize, during his possible
detention in France, to Mr. Noriega the status of prisonner
of war, recognized to him by the US authorities in
application of the Geneva convention of August 12, 1949. On
January 25, 2007, we gave the answer that France could not
recognize directly this status to Mr. Noriega because of the
nature of the facts laid to his charge. However, Mr. Noriega
could, once in prison in France, benefit from most of the
rights defined in the Geneva convention. And as a former
head of State, he could be granted special conditions for his
time in detention.
In the coming weeks, the US authorities will inform France on
their decision on the french request for extradition.
Because the Republic of Panama has also requested the
extradition of Mr. Noriega, the US uthorities will have to
decide to which country Mr. Noriega will be transferred./. CP
End text.
--------------
The French Embassy's Draft Press Guidance
--------------
3. (SBU) The following is an informal translation, from
Spanish, of the French Embassy's draft press guidance on the
"Noriega affair." Begin text:
Title: Press Communique of the Embassy of France in Panama
related to the Noriega case.
Text:
France submitted a request for the extradition of Mr. Manuel
Antonio Noriega in April of 2004 to U.S. authorities in
connection with a judicial decision announced on July 1, 1999
by the Tribunal of Major Instance of Paris for having
conducted financial operations between France and foreign
countries with funds originating from crimes against the laws
on narcotics.
France and the United States are bound by an extradition
treaty of April 23, 2996. This request is, as per customary
practice, subject to examination of the North American
authorities.
End text.
Eaton
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: KJUS KCRM PGOV PREL FR PM
SUBJECT: PANAMA: NORIEGA EXTRADITION AND FRANCE
--------------
SUMMARY
--------------
1. (SBU) French Ambassador to Panama Christophe Philibert
provided Ambassador on February 5 a non-paper concerning the
extradition of former Panamanian strongman Manuel Antonio
Noriega to France (para 2). Philibert also provided a draft
press communique on the matter for use in Panama (para 3).
End summary.
--------------
Non-Paper
--------------
2. (SBU) Philibert provided the following non-paper,
prepared in English. (Note: Philibert personally translated
this non-paper to English from French, and it contains a
number of English spelling, punctuation, and grammatical
errors.) Begin text:
Situation of Mr. M. Noriega in France.
The Paris court of justice (tribunal de grande instance) has
condemned Mr. Manuel Antonio Noriega, in his absence, on July
1st, 1999, to a penalty of 10 years in prison and a fine of
75 millions francs (now over 11 millions euros) for having
carried out financial operations between France and foreign
countries with money coming from illegal traffic of
narcotics. His wife, charged together with Mr. Noriega, Ms.
Felicidad Sieiro, has also been sentenced in the same
judgement to 10 years in prison and a fine of 100 millions
france (more than 15 millions euros).
The Republic of Panama, plaintiff claiming damages, could not
obtain from the court that Mr. Noriega and Mrs. Sieiro be
sentenced to a compensation of 380 millions francs (nearly 58
millions euros) for moral and material damage to the
Panamanian State. The Republic of Panama has brought an
appeal, and the Paris Court of appeal will examine this
appeal on Nov. 20, 2007. It is admitted that the sentence of
1999, having been pronounced in the absence of Mr. and his
wife, is not definitive. Therefore the claim of the Republic
of Panama will be examined only after the penal sentence is
definitive.
The illegal actions have been committed on french soil, in
Paris and Marseilles. The court has delivered an order to
arrest (Mr. Noriega and Mrs. Sieiro). Mr. Noriega, as soon
as he arrives in France, will have the possibility to be
judged again in his presence. The facts for which Mr.
Noriega is now in prison in the United States being different
from those explaining his condemnation by a french court, Mr.
Noriega will have, if he is extradited to France, to purge
his offences (prison and fine of 1999, or new ones in the
case he would be sentenced differently after a new process.
In march, 2004, the French ministry of justice, on the basis
of the bilateral extradition treaty of 23 april, 1996 between
France and the US, has sent to the US authorities a request
to obtain the extradition of Mr. Noriega. In a note of april
6, 2006, the US State Department has asked France written
assurances on our capacity to recognize, during his possible
detention in France, to Mr. Noriega the status of prisonner
of war, recognized to him by the US authorities in
application of the Geneva convention of August 12, 1949. On
January 25, 2007, we gave the answer that France could not
recognize directly this status to Mr. Noriega because of the
nature of the facts laid to his charge. However, Mr. Noriega
could, once in prison in France, benefit from most of the
rights defined in the Geneva convention. And as a former
head of State, he could be granted special conditions for his
time in detention.
In the coming weeks, the US authorities will inform France on
their decision on the french request for extradition.
Because the Republic of Panama has also requested the
extradition of Mr. Noriega, the US uthorities will have to
decide to which country Mr. Noriega will be transferred./. CP
End text.
--------------
The French Embassy's Draft Press Guidance
--------------
3. (SBU) The following is an informal translation, from
Spanish, of the French Embassy's draft press guidance on the
"Noriega affair." Begin text:
Title: Press Communique of the Embassy of France in Panama
related to the Noriega case.
Text:
France submitted a request for the extradition of Mr. Manuel
Antonio Noriega in April of 2004 to U.S. authorities in
connection with a judicial decision announced on July 1, 1999
by the Tribunal of Major Instance of Paris for having
conducted financial operations between France and foreign
countries with funds originating from crimes against the laws
on narcotics.
France and the United States are bound by an extradition
treaty of April 23, 2996. This request is, as per customary
practice, subject to examination of the North American
authorities.
End text.
Eaton