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Cablegate: Extraditions in Peru

VZCZCXYZ0010
PP RUEHWEB

DE RUEHPE #0913 1441619
ZNR UUUUU ZZH
P 231619Z MAY 08
FM AMEMBASSY LIMA
TO SECSTATE WASHINGTON DC PRIORITY 0000

UNCLAS LIMA 000913

SENSITIVE
SIPDIS

DEPT. FOR L/LEI:HMCSHAIN AND GHARRIS
DOJ FOR OIA:NROMANO

E.O. 12958: N/A
TAGS: CASC CJAN CVIS KCRM SNAR PE
SUBJECT: Extraditions in Peru

REF: SECSTATE 50522

1. (SBU) Summary: Emboffs and P...

id: 155355
date: 5/23/2008 16:19
refid: 08LIMA913
origin: Embassy Lima
classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
destination: 08SECSTATE50522
header:
VZCZCXYZ0010
PP RUEHWEB

DE RUEHPE #0913 1441619
ZNR UUUUU ZZH
P 231619Z MAY 08
FM AMEMBASSY LIMA
TO SECSTATE WASHINGTON DC PRIORITY 0000


----------------- header ends ----------------

UNCLAS LIMA 000913

SENSITIVE
SIPDIS

DEPT. FOR L/LEI:HMCSHAIN AND GHARRIS
DOJ FOR OIA:NROMANO

E.O. 12958: N/A
TAGS: CASC CJAN CVIS KCRM SNAR PE
SUBJECT: Extraditions in Peru

REF: SECSTATE 50522

1. (SBU) Summary: Emboffs and Peruvian lawyers representing the USG
on extradition cases met May 20 with Minister of Justice Rosario Del
Pilar Fernandez to discuss points in reftel and other issues. The
Minister acknowledged USG concerns over Peruvian courts' recent
denial of several USG extradition requests and suggested specific
remedial steps. In response to the need for more expertise in the
Supreme Court regarding extradition procedures, the Minister agreed
to make a formal request to the Supreme Court that it establish an
office specifically to handle extradition cases. She also welcomed
the idea of DOJ's planned training on extraditions for Peruvian
judges and lawyers, set for late June 2008 in Lima. End Summary.

Meeting with Justice Minister
2. (SBU) Conoff, Poloff, ARSO, and senior ACS LES met May 20 with
Minister of Justice Rosario Del Pilar Fernandez. Also present at the
meeting were Peruvian attorneys, Gerardo Castro and Moises Aguirre,
who represent the USG on extradition cases from Peru to the U.S.
3. (SBU) Conoff began the meeting by identifying the USG's concerns
over Peruvian courts' recent denial of several USG extradition
requests. Drs. Castro and Aquirre cited a number of cases in which
Peruvian courts had ruled erroneously. Dr. Castro noted that the
March 2008 ruling denying the extradition of Juan Manuel Vicuna-Rios
was based on only one felony charge, which the court cited as not
extraditable. The Minister supported Dr. Castro's intention to
request that Peru's Supreme Court overturn the ruling. Dr. Castro
will submit this request prior to the May 28 deadline for this
judicial action.
4. (SBU) Conoff expressed concern that Peruvian courts are asking
for additional evidence, e.g. testimony tapes and/or court
affidavits, while the Treaty requires only "probable cause." The
Minister agreed that the Treaty requires probable cause and not
proven cause ("causa probable, no causa probada").
Extradition Office in Supreme Court
5. (SBU) Conoff raised Peruvian judges' apparent lack of
understanding of extradition procedures, as evidenced by the recent
adverse rulings. Conoff and Dr. Castro suggested to Minister
Fernandez that a dedicated extradition office within the Peruvian
Supreme Court would provide it the staff expertise necessary to
properly identify criteria in extradition requests which comply with
the treaty. The Minister agreed to request formally that the Supreme
Court establish the office.
DOJ Training
6. (SBU) Conoff noted that DOJ will send a team to Peru for
consultations with GOP officials and to conduct an extradition
training workshop for Peruvian lawyers and judges. The Minister
expressed her pleasure about the workshop and asked to be kept
abreast. Poloff was identified as the POC for the training which
will take place in Lima on June 30 - July 2, 2008.
7. (SBU) Comment: This meeting with the Minister was timely and
productive. Although newly appointed (approx. 5 months in the
office), she was knowledgeable on the issues and expressed a
willingness to seek solutions to our concerns. Through our lawyers,
Post will follow-up regarding the incarceration of Caffelli and
Turcotte, and the Minister's decision to request that the Supreme
Court establish its own extradition office. End Comment.
McKinley

=======================CABLE ENDS============================

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