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Cablegate: Visit to American Prisoner Anny Y Rodriguez

VZCZCXYZ0019
RR RUEHWEB

DE RUEHBO #0044/01 0062116
ZNR UUUUU ZZH
R 062114Z JAN 10
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1902
INFO RUEHBO/AMEMBASSY BOGOTA

UNCLAS BOGOTA 000044

SIPDIS

E.O. 12958: N/A
TAGS: CASC KCRM CO
SUBJECT: VISIT TO AMERICAN PRISONER ANNY Y RODRIGUEZ

1. NAME: Rodriquez, Anny Y

2. SEX: Female

3. DPOB: DPOB: December 08, 1985, Dominican Republic

4. DATE OF ARREST: February 26, 2008

5. CHARGES: Narcotics Trafficking

6. PLACE OF DETENTION: El Buen Pastor, Bogota, Colombia

7. MOST RECENT VISIT: August 26, 2009

8. MISTREATMENT: None

9. JUDICIAL STATUS: Sentenced to 5 years and 2 months

9. REMARKS: Ms. Rodriquez appeared healthy but in poor spirits.
Ms. Rodriquez gave her AMCIT son, Yandel Rodriquez, to a Colombian
friend over Thanksgiving weekend. He returned with many bruises
and scratches on his head and legs. The prison guards reported
Yandel's injuries to Colombian children services (Bienestar
Familiar). Children services came to the prison and took Yandel to
the doctor for a full examination. The doctor reported that Yandel
suffered from a major fall and that the doctor did not suspect foul
play. Yandel was returned to Ms. Rodriquez two days later and
children services informed her that if anything happens to Yandel
again, the organization will take Yandel and place him in children
services custody. She stated that she was depressed and not eating
because she feared the worse for Yandel.

Conoff Johnson visited Ms. Rodriquez and Yandel on December 2,
2009. Conoff saw severe bruising across the child's head and legs.
Conoff asked for copy of doctor's report, but prison staff was
unable to release the document. Conoff expressed the gravity of
the situation to Ms. Rodriquez. Conoff informed Ms. Rodriquez that
if something happens to Yandel again, children services may take
custody of her son. Ms. Rodriquez expressed concerns that the
prison guards were trying to get her son taken away from her and
that she was afraid she was going to lose him. She requested
Conoff to help move to a bigger cell so that she could have space
to put a crib. At the conclusion of the visit, Conoff spoke with
the director and social worker concerning Ms. Rodriquez request to
change cells. The director noted that the prison was over
populated and that she will try to search for a cell big enough to
accommodate a crib. Conoff delivered vitamins, books and
toiletries to Ms. Rodriquez. In addition, we delivered a box of
clothing and photos sent from a friend.

On December 9, 2009 the American Citizen Services (ACS) unit
received a phone call from Bienestar Familiar stating that a social
worker within the prison reported that that Ms. Rodriquez had left
Yandel sleeping alone in a cell while she was sleeping with an
inmate in another cell. Bienestar Familiar stated they would
investigate the situation and consider taking the child under their
care. The next day, Conoff Johnson went to the prison to inquire
about the situation and to speak directly with Ms. Rodriguez. Ms.
Rodriquez denied sleeping in another cell while her son was
sleeping in a cell alone. She stated that she left her son with an
inmate while she went to help paint another inmate's cell around
9:30pm. While visiting with Ms. Rodriguez, ACS FSN received a
phone call that Bienestar Familiar had decided to take the child
into custody and was in route to the prison. Conoff remained at
prison until children services arrived. Children services
explained to Ms. Rodriguez and to Conoff that Ms. Rodriquez was no
longer fit to care for Yandel and he would be immediately placed
into child services custody. Conoff noted that child was a U.S.
citizen and asked if Bienestar Familiar would be willing to allow
Yandel to resettle in the U.S. under the guardianship of a family
member. Bienestar Familiar stated that organization was open to
the idea.

Conoff noted that the father of Yandel, Wilson Manuel Peralta
Vargas, was incarcerated in Chaparral prison in Tolima, Colombia.
His mother, Luciana Vargas, could become the guardian of Yandel.
Conoff informed Bienestar Familiar that Ms. Rodriguez and Mr.
Peralta have another child together who is in the care of Mr.
Peralta's mother, Ms. Vargas. Bienestar Familiar stated that
Yandel's birth certificate must be amended to include the father
before Bienestar Familiar would release custody to Mr. Peralta's
mother. At the conclusion of the meeting, Conoff gave Ms.
Rodriquez a passport application and a Consular Report of Birth
aboard application to fill in and sign.

Conoff Johnson visited a family counselor of Bienestar Familiar on
Friday, December 11, 2009 to inquire about the whereabouts of
Yandel. The family counselor gave Conoff the contact information
of Yandel and she would have Yandel and the foster mother come to
the office on Monday, December 14, 2009 for a welfare/whereabouts

visit. In addition, the family counselor would request an amended
birth certificate to include the name of the father. Conoff
requested visitation rights for Ms. Rodriquez and the family
counselor accepted the request.

Conoff contacted Mr. Peralta and informed him that he could request
his mother to come to Colombia and take Yandel to the U.S. to live
with her while both parents are incarcerated. Mr. Peralta agreed.
Conoff contacted Ms. Vargas in New Jersey and informed her of the
situation. Ms. Vargas stated that she would come to Colombia in
the New Year and would be happy to take custody of Yandel.

Conoff returned to the office of Bienestar Familiar on December 14,
2009 to meet with the foster mother and the child. Yandel appeared
well and was playful. Conoff saw the bruising on his head and legs
were healing. The foster mother explained that for the first three
nights he cried continuously but seemed to have adjusted to the
change. Conoff inquired about her ability to care for Yandel and
she stated that she has 2 other infant children at the moment and
has been a foster mother for many years. Bienestar Familiar
brought Yandel to the prison on December 18, 2009 to visit Ms.
Rodriquez. Bienestar Familiar is seeking an amended birth
certificate. Once ACS receives amended birth certificate, we will
issue an emergency passport and Consular Report of Birth for Yandel
Rodriquez.
BROWNFIELD

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