Identifier
Created
Classification
Origin
07SANTODOMINGO2231
2007-10-01 19:53:00
UNCLASSIFIED
Embassy Santo Domingo
Cable title:  

173RD DOMINICAN FUGITIVE EXTRADITED TO THE UNITED

Tags:  CJAN CVIS KJUS KCRM SNAR DR 
pdf how-to read a cable
VZCZCXYZ0002
PP RUEHWEB

DE RUEHDG #2231/01 2741953
ZNR UUUUU ZZH
P 011953Z OCT 07
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 9297
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCOWCV/CUSTOMS CARIBBEAN ATTACHE MIAMI FL PRIORITY
RHMCSUU/FBI WASHINGTON DC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEFHLC/HQS DHS WASHDC PRIORITY
UNCLAS SANTO DOMINGO 002231 

SIPDIS

SIPDIS

DEPARTMENT FOR WHA/CAR JAFFEE AND WARD
L/LEI FOR TORRES AND MUELLER
DEPARTMENT OF JUSTICE FOR CRIM/OIA ORJALES AND ESTABROOK
US MARSHALS SERVICE PLEASE PASS TO JIM SCHIELD
DEA FOR OF,OFI,DO,DCO

E.O. 12958: N/A
TAGS: CJAN CVIS KJUS KCRM SNAR DR
SUBJECT: 173RD DOMINICAN FUGITIVE EXTRADITED TO THE UNITED
STATES - FY 2007 SUMMARY

REF: STATE 104339

UNCLAS SANTO DOMINGO 002231

SIPDIS

SIPDIS

DEPARTMENT FOR WHA/CAR JAFFEE AND WARD
L/LEI FOR TORRES AND MUELLER
DEPARTMENT OF JUSTICE FOR CRIM/OIA ORJALES AND ESTABROOK
US MARSHALS SERVICE PLEASE PASS TO JIM SCHIELD
DEA FOR OF,OFI,DO,DCO

E.O. 12958: N/A
TAGS: CJAN CVIS KJUS KCRM SNAR DR
SUBJECT: 173RD DOMINICAN FUGITIVE EXTRADITED TO THE UNITED
STATES - FY 2007 SUMMARY

REF: STATE 104339


1. The following details the most recent fugitive to be
extradited from the Dominican Republic and provides an
overview of extraditions in FY 2007.

-- Bolivar Ricardo Jaquez


2. On October 3, 2007, U.S. Marshals will return Bolivar
Ricardo Jaquez (aka Nelson Cruz, Bolivar Lopez) to
Massachusetts to serve sentence following a conviction of
trafficking cocaine in excess of 200 grams - a charge
detailed in Suffolk County indictment number 071339, filed
August 2, 1998. Jaquez was sentenced to ten years
imprisonment in the Massachusetts Correctional Institute on
February 10, 1989, but escaped from that institution on
September 24, 1990, before completing sentence.


3. This case was brought before the Dominican government on
August 1, 2007, by virtue of an Embassy diplomatic note.
Approximately one month later, on September 6, 2007, the
Criminal Chamber of the Dominican Supreme Court issued a
provisional arrest warrant based on the USG request for
extradition. On September 27, 2007, Jaquez was apprehended
by officers of the Dominican Republic's National Directorate
for Drug Control's fugitive apprehension unit working in
conjunction with a special FBI-vetted group of Dominican
investigators.


4. On September 28, Jaquez made a knowing, intelligent, and
voluntary waiver of his right to challenge his extradition
before the Criminal Chamber of the Dominican Supreme Court.


5. The return of Jaquez will mark the 173rd
Dominican-national fugitive returned through or in lieu of
extradition since 1998, when the first Fernandez
administration comitted itself to rigorously honoring
Dominican obligations made under the 1909 bilateral
extradition treaty. He will be the first fugitive returned
in Fiscal 2008 and the 17th for CY-2007.

-- FY 2007 Summary


6. In FY 2007, the Dominican Republic returned 25 fugitives
through or in lieu of extradition (1 self-extradited in lieu
of proceedings),85 percent of whom waived extradition
hearings before the Criminal Chamber of the Dominican Supreme
Court and 80 percent of whom were sought for
narcotics-related offenses. Additionally, 6 Dominican
fugitives either died (accidentally) or were captured outside
the Dominican Republic (in one notable case, a capture was
effected in Spain following extensive intelligence-gathering
and information-sharing by Embassy's locally-resident U.S.
Marshals). During the same period, only 20 fugitives were
requested for extradition, making a clearance rate for FY
2007 of 155 percent (the overage reflecting the clearance of
older cases).


7. Despite this success, two disturbing precedents were
established during this period. On August 29, 2007, the
Criminal Chamber of the Dominican Supreme Court failed to
honor a provision within the 1909 Extradition Treaty stating
that the only statutes of limitation governing extradition
are those "according to . . . the jurisdiction (in) which the
crime is committed". (Treaty, Article V) The Court,
improperly applying a Dominica statute of limitations
regarding sentencing under Section 439 of the Dominican
Criminal Procedures Code (2004),found that convicted
murderer Juan Astwood had not begun serving sentence within
10 years of the sentence's pronouncement as required under
Dominican law. The Court, accordingly, refused to extradite
Astwood, effectively rewarding him for his ability to evade
capture. Dicta suggests that this precedent may be applied
to other Dominican statutes of limitation.


8. In an earlier case regarding alleged narcotics traffickers
Juan Flete and Lourdes Machuca, the Criminal Chamber of the
Supreme Court declared confidential witnesses to be
inherently unreliable, and refused to extradite Flete and
Machuca based solely on the corroborated testimony of unnamed

witnesses. This case strongly suggests that U.S. law
enforcement agencies must either directly witness an illegal
act (e.g., a controlled buy by undercover agents) or must be
willing to provide witness' names in order to have a
successful extradition request in the Dominican Republic.
GOUGHNOUR