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Cablegate: Request for Assistance with Extradition Workshop

VZCZCXYZ0026
PP RUEHWEB

DE RUEHPE #4262 3062117
ZNR UUUUU ZZH
P 022117Z NOV 06
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC PRIORITY 2879
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
INFO RUEHBO/AMEMBASSY BOGOTA 4047
RUEHBR/AMEMBASSY BRASILIA 7040
RUEHCV/AMEMBASSY CARACAS 9855
RUEHLP/AMEMBASSY LA PAZ NOV QUITO 0771
RUEHSG/AMEMBASSY SANTIAGO 0924

UNCLAS LIMA 004262

SIPDIS

SENSITIVE
SIPDIS

DOJ FOR JASON CARTER
ONDCP FOR BRAD HITTLE
INL FOR LAIZA CASAS

E.O. 12958: N/A
TAGS: PGOV PREL KJUS PE
SUBJECT: REQUEST FOR ASSISTANCE WITH EXTRADITION WORKSHOP
AND EXTENDED CONSULTATIO...

id: 84127
date: 11/2/2006 21:17
refid: 06LIMA4262
origin: Embassy Lima
classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
destination: 06LIMA3572
header:
VZCZCXYZ0026
PP RUEHWEB

DE RUEHPE #4262 3062117
ZNR UUUUU ZZH
P 022117Z NOV 06
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC PRIORITY 2879
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
INFO RUEHBO/AMEMBASSY BOGOTA 4047
RUEHBR/AMEMBASSY BRASILIA 7040
RUEHCV/AMEMBASSY CARACAS 9855
RUEHLP/AMEMBASSY LA PAZ NOV QUITO 0771
RUEHSG/AMEMBASSY SANTIAGO 0924

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

UNCLAS LIMA 004262

SIPDIS

SENSITIVE
SIPDIS

DOJ FOR JASON CARTER
ONDCP FOR BRAD HITTLE
INL FOR LAIZA CASAS

E.O. 12958: N/A
TAGS: PGOV PREL KJUS PE
SUBJECT: REQUEST FOR ASSISTANCE WITH EXTRADITION WORKSHOP
AND EXTENDED CONSULTATIONS

REF: LIMA 3572

Sensitive but Unclassified. Please handle accordingly.

1. (U) This is an action request. Please see paragraph 5.

2. (SBU) Summary: President Garcia has called for judicial
reform and highlighted extradition as a national priority,
but the judiciary's interpretation of our bilateral
extradition treaty has obstructed U.S. extradition requests.
To seize on the government's stated interest and overcome
obstacles, post requests DOJ and other support for an
extradition workshop targeting Peruvian judges and government
officials. Senior DOJ attorney John Beasley's recent visit
to Peru shed light on the way forward. End Summary.

3. (SBU) The U.S.-Peru bilateral extradition treaty went into
effect August 2003. There are eight pending U.S. extradition
requests with the GOP. In the last three years, only one
subject was extradited and surrendered to th U.S., in part
because he wanted to be. The main obstacles to successful
extraditions are the Peruvian judges' inexperience in
extraditions and their inadequate understanding of the
extradition treaty, as well as its requirements and
processes. In one recent example, the Peruvian Supreme Court
requested that the Embassy provide evidence far beyond what
the treaty calls for.

4. (U) In a letter to President Bush (Reftel), President
Garcia stated his interest in expediting extraditions of
narcotraffickers. More generally, Garcia has also emphasized
judicial reform and improving the capabilities of judges and
the efficiency of the judicial system. Everyone from the
Ministers down to staff in the Ministry of Justice and the
Public Ministry have emphasized the need to educate judges on
the extradition treaty, the required standards of proof, and
the extradition process. In a 10/13 meeting with DOJ
representative John Beasley, the Minister of Justice, Maria
Zavala acknowledged she herself could benefit from such a
workshop on extradition issues.

5. (SBU) Action Request: With the glaring need and the clear
interest in mind, Post requests assistance from DOJ, ONDCP,
and other relevant stakeholders in funding, organizing, and
administering an extradition workshop and/or extended
consultations on extradition law and the extradition process
with special emphasis on the U.S.-Peru treaty. These
workshops would primarily target judges who hear U.S.
extradition requests. They would also aim to educate
Peruvian government officials who work on extraditions
particularly in the Public, Justice, and Foreign Ministries.
The objectives of the workshop and/or consultations would be
to: 1) educate the judges on extradition requirements and
procedures, and 2) foster a culture of responsibility and
cooperation with regard to compliance with the extradition
treaty.

6. (U) Post wishes to thank DOJ for the productive visit by
Office of International Affairs Senior Trial Attorney, John
Beasley, to assist in advancing issues related to U.S.
extradition requests to Peru. Beasley met with senior
representatives in the Justice Ministry, the Public Ministry,
the Foreign Ministry, and judges from the relevant courts.
His visit helped bring to light the substantive issues,
demonstrated the importance of the extradition process to the
USG and GOP, and delineated some of the challenges the USG
faces in its requests.
POWERS

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

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