Identifier
Created
Classification
Origin
09SANSALVADOR1111
2009-12-22 20:23:00
CONFIDENTIAL
Embassy San Salvador
Cable title:
Salvadoran Supreme Court Votes to Extradite Martinez
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHSN #1111 3562023 ZNY CCCCC ZZH O R 222023Z DEC 09 FM AMEMBASSY SAN SALVADOR TO RUEHC/SECSTATE WASHDC IMMEDIATE 0180 INFO WHA CENTRAL AMERICAN COLLECTIVE RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RHMFISS/DEPT OF JUSTICE WASHINGTON DC
C O N F I D E N T I A L SAN SALVADOR 001111
SIPDIS
E.O. 12958: DECL: 2019/12/22
TAGS: PGOV PREL KCRM KJUS ES
SUBJECT: Salvadoran Supreme Court Votes to Extradite Martinez
REF: 08 SAN SALVADOR 259 AND PREVIOUS; 08 SAN SALVADOR 755
CLASSIFIED BY: BlauRobert, CDA, State, Embassy San Salvador; REASON:
1.4(B),(D)
C O N F I D E N T I A L SAN SALVADOR 001111
SIPDIS
E.O. 12958: DECL: 2019/12/22
TAGS: PGOV PREL KCRM KJUS ES
SUBJECT: Salvadoran Supreme Court Votes to Extradite Martinez
REF: 08 SAN SALVADOR 259 AND PREVIOUS; 08 SAN SALVADOR 755
CLASSIFIED BY: BlauRobert, CDA, State, EMBASSY San Salvador; REASON:
1.4(B),(D)
1. (SBU) After multiple tie votes over the course of two years, the
Salvadoran Supreme Court voted 10-5 in an extraordinary session
December 22 to find Jose Marvin Martinez extraditable to the U.S.
on charges of statutory rape. Martinez has been in Salvadoran
custody for over two years. He fled the U.S. after sentencing in
Texas. The Supreme Court's written opinion must be finalized
within twenty working days and the GOES will then be able to
proceed with Martinez' surrender to the U.S. When carried out,
this will be the first extradition from El Salvador of a Salvadoran
national to the U.S. under the 1911 bilateral extradition treaty
and opens the way for future extraditions.
2. (C) At present, the GOES has no internal procedural guidelines
to govern extraditions. JudAtt will coordinate closely with MFA
and Presidency legal advisors to shepherd Martinez' surrender
through the bureaucracy.
3. (C) Comment: This decision is the product of two years of
constant EMBASSY and USG pressure, accompanied by a broad media
strategy, designed to encourage the Salvadoran Supreme Court to get
past its extreme reticence to approve any extradition of Salvadoran
nationals based on (ill-founded) fears of foreign prosecution and
extradition for Civil War-era crimes. Salvadoran justice and
politics being what they are, we will not rest until Martinez is
safely in custody in the U.S., but the Court's vote today is a
watershed moment.
BLAU
SIPDIS
E.O. 12958: DECL: 2019/12/22
TAGS: PGOV PREL KCRM KJUS ES
SUBJECT: Salvadoran Supreme Court Votes to Extradite Martinez
REF: 08 SAN SALVADOR 259 AND PREVIOUS; 08 SAN SALVADOR 755
CLASSIFIED BY: BlauRobert, CDA, State, EMBASSY San Salvador; REASON:
1.4(B),(D)
1. (SBU) After multiple tie votes over the course of two years, the
Salvadoran Supreme Court voted 10-5 in an extraordinary session
December 22 to find Jose Marvin Martinez extraditable to the U.S.
on charges of statutory rape. Martinez has been in Salvadoran
custody for over two years. He fled the U.S. after sentencing in
Texas. The Supreme Court's written opinion must be finalized
within twenty working days and the GOES will then be able to
proceed with Martinez' surrender to the U.S. When carried out,
this will be the first extradition from El Salvador of a Salvadoran
national to the U.S. under the 1911 bilateral extradition treaty
and opens the way for future extraditions.
2. (C) At present, the GOES has no internal procedural guidelines
to govern extraditions. JudAtt will coordinate closely with MFA
and Presidency legal advisors to shepherd Martinez' surrender
through the bureaucracy.
3. (C) Comment: This decision is the product of two years of
constant EMBASSY and USG pressure, accompanied by a broad media
strategy, designed to encourage the Salvadoran Supreme Court to get
past its extreme reticence to approve any extradition of Salvadoran
nationals based on (ill-founded) fears of foreign prosecution and
extradition for Civil War-era crimes. Salvadoran justice and
politics being what they are, we will not rest until Martinez is
safely in custody in the U.S., but the Court's vote today is a
watershed moment.
BLAU