PANAMA: THREE FARC MEMBERS HANDED OVER ON MATERIAL

C O N F I D E N T I A L PANAMA 000332 SIPDIS E.O. 12958: DECL: 04/22/2019 TAGS: PGOV PREL PTER SNAR PM SUBJECT: PANAMA: THREE FARC MEMBERS HANDED OVER ON MATERIAL SUPPORT FOR TERRORISM CHARGES Classified By: Ambassador Barbara J. Stephenson for reasons 1.4 (b) and (d) -------------- FARC 3 Handed Over -------------- ¶1. (C) The GOP handed over three alleged FARC members to the U.S. April 17 for prosecution on charges of providing material support to a terrorist organization, the first time the GOP has ever agreed to material support charges as grounds for a hand-over. This precedent setting step is part of a comprehensive strategy the Embassy is developing with the GOP (starting with frequent talks between the Ambassador and President Torrijos) to rid the Darien of FARC elements once and for all. The three were handed over to DEA agents who flew them back to New York City, where they face charges in a Southern District of New York Federal Court. -------------- Entrega Simple Y Condicionada -------------- ¶2. (C) The three were released to U.S. custody using the Panamanian legal system's "Simple and Conditional Release" (Entrega Simple y Condicionada) mechanism. This Panamanian legal mechanism allows the GOP to hand over for prosecution in other countries non-Panamanian suspects who are under arrest or sentenced to prison, and who may constitute a danger to Panama's security. The system is administrative, requiring only the approval of the President, and does not pass through the legal system. It is designed to quickly move out of the country prisoners who are able to mobilize vast financial or criminal resources in order to break out of prison. -------------- Background -------------- ¶3. (C) The three guerrillas were arrested by Panamanian National Police (PNP) on February 22, 2008 along with three other alleged FARC members on a boat off the Panamanian village of Jaque, in the Eastern Darien province. The six FARC members engaged in a shoot out with PNP officers, and highjacked a police launch, after the PNP went to help their stranded vessel. Following their arrest, three of the six subsequently offered to cooperate with DEA investigators, and to provide information on drug trafficking by the 57th Front's second in command, Luis Fernando Mora, aka Silver." The GOP has told EMBOFFs from the beginning that they would be happy to release the three on drug trafficking charges (for which there is insufficient evidence),but that they could not release them on charges of material support to a terrorist organization, as that was not a crime recognized under Panamanian law. The GOP approached Colombian authorities in January about accepting the six guerrillas, but when request from Colombia ever came, the GOP asked us to take them. -------------- Comment -------------- ¶4. (C) It is difficult to overestimate the importance of this move by the GOP. The negotiations have been going on for the last month directly between the Ambassador and VP/FM Samuel Lewis and President Torrijos, though the topic has been on our agenda with the GOP for many months. Turning the guerrillas over to the U.S., especially on charges of material support to a foreign terrorist organization, is a public recognition that there is a FARC presence in Panama. The FARC three are believed to have information that will help build criminal drug trafficking charges against Mora/Silver, number two leader of the 57th Front, and one of the FARC's main drug traffickers. President Torrijos is taking a courageous step to publicly align the GOP against the FARC, despite not having the security forces to directly confront the FARC. Post is working closely with the GOP to implement a comprehensive strategy to weaken the FARC, and is working on a proposal for 1207 funds to pay for parts of the strategy in the coming year. President Torrijos' actions will make it easier for the incoming Administration to move effectively against the FARC, and will put programs in motion that will be able to continue running during the chaotic first months of the new government. STEPHENSON