CUBA PROVIDES EVIDENCE TO ASSIST U.S. PROSECUTION

C O N F I D E N T I A L HAVANA 000536


STATE FOR WHA/CA (BWILLIAMS)

E.O. 12958: DECL: 07/08/2018
TAGS: PGOV PREL SNAR CVIS PHUM PREF CU
SUBJECT: CUBA PROVIDES EVIDENCE TO ASSIST U.S. PROSECUTION
OF MIGRANT SMUGGLERS

Classified By: CDA James L. Williams for Reasons 1.4(d)


1. (C) Summary: On July 4, 2008, Cuban officials from the
Ministry of Interior (MININT) requested to meet with USINT's
Coast Guard representative to present a case evidence package
in reference to a June 16, 2008, illegal smuggling event
which resulted in a collision of two vessels and the death of
two migrants. MININT officials provided case evidence
implicating two operators of a Florida registered Go Fast
vessel as possible suspects involved in the collision case.
Coincidentally, the two suspects and vessel identified by
MININT in their case package were stopped returning to a
Florida port by US law enforcement personnel hours after the
collision took place on June 16. MININT stated they were
willing to provide US Attorney's office representatives
additional access to case evidence or migrant testimony if it
would ultimately assist in the prosecution of the suspected
smugglers.


2. (SBU) On June 16, 2008, Cuban Border Guard (TGF) reported
that a Go Fast smuggling vessel collided with a rustic vessel
carrying would be migrants. The collision was reported via
an official TELEX to the U.S. Coast Guard's command center.
TGF also reported the incident via phone to USINT,s Coast
Guard representative in Havana, Cuba. The TGF TELEX stated
the collision took place inside Cuban territorial waters off
the coast of Villa Clara, Cuba (GEO COORD: 22-57N/079-52W).
The initial TGF report of the incident stated that one female
migrant was found dead, two other female migrants were
severely injured and one minor was missing.


3. (SBU) Hours later, on June 16, 2008, a Florida registered
Go Fast, FL2713NR, was stopped by U.S. law enforcement
authorities at the Florida Lake Worth Inlet. The Go Fast was
operated by Jose Rafael Mena Nunez and Yosvany Perez Roche.
The Go Fast was similar in description to the Go Fast
identified by TGF authorities as being involved in the
collision with a rustic vessel carrying migrants. U.S. law
enforcement officials called the registered owner to claim
the vessel. Identification of the owner and operators were
taken and registration information for the vessel was
documented. Photographs of all suspect parties and vessel
were also taken during the enforcement stop.


4. (SBU) On June 17, 2008, TGF officials met and updated
USINT,s Coast Guard representative on the Go Fast collision
case. TGF reported the missing minor was recovered deceased
and that the two severely injured females were hospitalized
but in stable condition. TGF provided a brief summary of the
smuggling event. They claimed an unidentified radar contact
entered Cuban territorial waters and they responded to the
contact by dispatching a patrol vessel to intercept. TGF
claimed their patrol vessel visually observed a Go Fast
coming together with a rustic vessel. TGF stated they
believed the Go Fast smugglers counter detected the Cuban
Border Guard,s patrol vessel and in their hasty attempt to
flee, struck the rustic vessel carrying the migrants.


5. (SBU) On June 18, 2008, the Government of Cuba ran a one
page editorial in their state controlled newspaper, GRANMA,
titled: "the Assassination Law takes new victims." The
article identified Jorge Luis Nunez Sanchez and Yudersi
Rosabal Rodriguez as the two deceased migrant victims. The
article claimed that on June 16, a group of migrants from
Villa Clara, Cuba embarked a wooden rustic vessel of 15ft and
navigated out to sea in order to meet a Go Fast smuggling
vessel at a predetermined location 16 miles offshore. Four
picture captions of the named migrant participants and the
damaged rustic vessel accompanied the story.


6. (SBU) On July 4, 2008, MININT representatives met with
USINT's Coast Guard representative to turn over case package
evidence with repsect to the 16 June smuggling event. The
case package included: A. Overall summary of the incident
and crime scene collected. B. Laboratory chemical analysis
of the paint and fiberglass samples taken from the rustic
vessel. C. Photo documentation and crime scene analysis of
the rustic vessel involved in the collision. D. Criminal
analysis and photo identification of the suspects Jose Rafael
Mena Nunez and Yosvany Perez Roche. E. Autopsy report for
the two deceased migrants. F. Sworn statements of the
accounts of the incident from three migrants onboard the
rustic vessel involved in the collision. G. Sworn
statements from three of the migrants identifying the Go Fast
operators. H. Sworn statements from three of the migrants
identifying the Go Fast vessel. I. Photo documentation of
the migrants identifying the suspects and Go Fast vessel. On
06 July, USINT turned over the case evidence package to the
Immigration Customs Enforcement (ICE) officer in charge of
the case.


7. (C) Comment: Cuban Border Guard officials under MININT
have been gradually establishing a track record of providing
useful drug trafficking and human smuggling case information
to USINT's Coast Guard representative. Most recently, MININT
authorities provided case evidence which assisted in the
sentencing of two migrant smugglers. With respect to this
case, the intricacies of implicating suspects intercepted
stateside for a crime committed inside Cuban territorial
waters are well understood. However, it is noteworthy that
the GOC has provided initial criminal investigative
information and is willing to provide further access to U.S.
Attorney's office representatives to develop an investigation.


WILLIAMS