PANAMA: DDD TAKES LEAVE OF ABSENCE AFTER MURDER

C O N F I D E N T I A L PANAMA 000818 SIPDIS E.O. 12958: DECL: 10/23/2018 TAGS: PGOV PREL PM SUBJECT: PANAMA: DDD TAKES LEAVE OF ABSENCE AFTER MURDER ACCUSATION FROM 38 YEARS AGO REF: PANAMA 00725 Classified By: Ambassador Barbara J. Stephenson for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) President Martin Torrijos accepted Minister of Government and Justice Daniel Delgado Diamante's (DDD) request for 30 days unpaid leave, at DDD's request, following newspaper revelations about a killing the Minister committed 38 years ago. DDD admitted he was responsible for the killing, but claimed it was a "police action" for which he had already been investigated, and punished. This version has been challenged by the victims family in an investigative report in the daily La Prensa, which accuses DDD of murder. DDD said he asked to be removed so he could concentrate on defending his "honor." Presidential candidates Ricardo Martinelli and Juan Carlos Varela called on President Torrijos to remove DD permanently. DDD will be replaced temporarily by Vice Minister for Public Security Rodrigo Cigarruista. Cigarruista is not a powerful political figure, and is probably being used in this position due to his low profile, and lack of any Noriega-era connections. DDD had become a lightning rod for those groups opposed to the security laws, and Post will break off contact with him while he is out of office to avoid involving the USG in an internal Panamanian politico-judicial conflict. Post encourages all USG agencies to avoid contact with DDD at this time. End Summary. -------------- Ghosts Come Back to Haunt DDD -------------- ¶2. (U) President Martin Torrijos temporarily removed Minister of Government and Justice Daniel Delgado Diamante (DDD) on October 22 by granting him leave without pay for 30 days. DDD had requested the time to dedicate himself to "defending his honor" after the Panama City daily La Prensa published a story on October 20 claiming that DDD had killed Corporal Andres Garcia in 1970, while DDD was a Second Lieutenant in Garcia's unit. The story contained extensive testimony from Garcia's widow, sister and several soldiers who witnessed parts of the alleged incident 38 years ago. According to La Prensa's version of events, DDD shot Garcia, who was allegedly unarmed, to death inside Garcia's home after kicking in the door. The witnesses quoted in the story claim that DDD was furious because a hungover Garcia had refused his orders not to leave the base and go home. La Prensa claimed that DDD was never investigated or punished for the crime, but rather that Omar Torrijos ordered a cover-up of the incident, out of respect for an old friendship with DDD's father. Garcia's widow and the other witnesses in the story all claim they were never called to testify as part of any investigation, and that DDD was simply transferred to an office job for a month after the incident, before being named one of Omar Torrijos' body guards. Garcia's widow was reportedly given a government job after the incident. -------------- DDD Pleads - Guilty? -------------- ¶3. (C) DDD has had several different reactions in the last few days. He first admitted that he had killed Garcia, calling it a "police action," thus implying that he had used justifiable force. He has since claimed that he was already investigated, and the case was closed. Attorney General Ana Matilde Gomez has opened a formal investigation into the case, but must first determine whether there was ever a formal investigation, to avoid placing DDD in double jeopardy. (Comment: This may be as far as the investigation goes, since it may be impossible to determine with sufficient certainty that he was not investigated. Gomez has already noted that there is no requirement to keep records from that long ago. End Comment) According to La Prensa, the documents DDD presented to the Attorney General only indicate an internal National Guard investigation, and claim that Garcia was armed with a bayonet, and that he lunged at DDD. DDD has also argued that he was already punished for his actions, and there is a record of it in his service file. La Prensa has published what it claims to be copies of his service file, where nothing about the incident appears. -------------- Opposition Reacts -------------- ¶4. (U) Presidential candidates Ricardo Martinelli and Juan Carlos Varela called on President Torrijos to fire DDD immediately. Martinelli accused Torrijos of being "afraid" and said the former military officers in the government had him "kidnapped", according to reports in La Prensa October ¶23. Varela, who called on DDD to be removed or to resign in a La Prensa report on October 21, was saying that the security of the state was at stake in comments reported in La Prensa on October 23. Balbina Herrera praised DDD's decision to take leave without pay according to the same paper, and said she hoped everything would be "cleared up" and "turn out all right." La Prensa also reported that leaders of the Democratic Citizen's Network (RCD),which has led the opposition to the security reforms (see reftel) called on Torrijos to fire DDD immediately. Mauro Zuniga called having someone who had admitted to killing a Panamanian as Minister of Government and Justice "immoral," while Roberto (Bobby) Eisenmann said President Torrijos was "committing political suicide" by keeping DDD as Minister. -------------- Who's Watching the Pot? -------------- ¶5. (U) The President named Vice Minister for Public Security Rodrigo Cigarruista as Acting Minister of Government and Justice until November 23. Cigarruista has no military past, and is generally seen as a technocrat. He is also not known to have any political powerbase within the ruling Democratic Revolutionary Party (PRD). -------------- Comment -------------- ¶5. (C) DDD has become a self-inflicted casualty of the security reform laws he has played such a key role in promoting. It seems clear La Prensa began its investigation around the time the security reforms were first mooted. The accusation is well known, and DDD has even talked to EmbOffs about it in the past. It had not been persued before now because DDD was seen as a changed man, who had gained the forbearance, and in some cases the respect, of the non-PRD political elite. The security laws have had a profound impact on how that elite looks at the Panamanian Defense Forces (PDF) veterans (like DDD) who are in the GOP, and many things are now being reinterpreted to fit the newly perceived intention of this group to re-militarize Panama. DDD is seen as the spearhead of this movement, and happens to be one of the easiest people to attack. With several "skeletons" in his closet (he was accused by the Truth Commission of being involved in the death of Felix Serrano in 1983) and a very bad temper, he is a perfect foil for the new "civilista" movement. Unlike RDC's usual tactic of making accusations unsupported by any evidence, La Prensa has done the kind of quiet investigative work which, if continued, could bring out many more ugly secrets from the time of the dictatorship (there are already indications in the political gossip columns of more cases on the way). This would be yet another unwelcome outcome of the botched introduction of the security laws for the Torrijos Administration. ¶6. (C) It is not clear what direction this will now go. Gomez could very easily decide the case can not be investigated for whatever technical reason, and DDD could return. It is important to note that the accusation implicates Martin Torrijos' father Omar Torrijos directly, as being responsible for a conspiracy. So we may well have DDD back soon. If so, it will become a huge political issue, with the opposition and civilista leaders demanding Balbina Herrera take a position on DDD - and by association on the crimes committed throughout the dictatorship. If, as likely, she backs DDD, it could hurt her significantly among independents, and end up costing her the election. So it is likely a brutal battle will be fought within the Revolutionary Democratic Party (PRD) over what to do now. Defend the legacy of Omar Torrijos to the bitter end, even at the cost of Balbina Herrera's candidacy, or quietly cut DDD loose? ¶7. (C) Cigarruista is a place holder for DDD. He has no political weight to challenge other heavy hitters in the government, and no past to attract the ire of the opposition. If Cigarruista's appointment becomes permanent this may cause a shift with the power structure of the GOP (this will be examined septel). Post is most concerned about how the civilista opposition to the security laws reacts to DDD's removal from the stage. Determined to keep the security laws as a front burner issue as the elections approach, they will have to start looking for a new angle. In recent weeks the USG has managed to stay entirely out of the op-ed pages. We may be dragged back into the security reform debate by a movement in need of a new target. In an effort to avoid this, post will avoid contact with DDD and seek press on a range of other issues - support for community policing, education, exchanges (a surprisingly hot issue in Panama),protection of the environment - with an eye to drowning for good the "Militarization: Made in the USA" story line. STEPHENSON