Very important wikileak cables on the dea!!!!! - Printable Version +- Deep Politics Forum (https://deeppoliticsforum.com/fora) +-- Forum: Deep Politics Forum (https://deeppoliticsforum.com/fora/Forum-Deep-Politics-Forum) +--- Forum: Drugs (https://deeppoliticsforum.com/fora/Forum-Drugs) +--- Thread: Very important wikileak cables on the dea!!!!! (/Thread-Very-important-wikileak-cables-on-the-dea) Pages:
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Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 [I'll locate the original cables and post...but if the NYT will go this far....the cables themselves must be a lot worse.....!!!!] By GINGER THOMPSON and SCOTT SHANE Published: December 25, 2010 NYT WASHINGTON The Drug Enforcement Administration has been transformed into a global intelligence organization with a reach that extends far beyond narcotics, and an eavesdropping operation so expansive it has to fend off foreign politicians who want to use it against their political enemies, according to secret diplomatic cables. ;k;owavey1driving;k;owavey State's Secrets Articles in this series examine American diplomatic cables as a window on relations with the rest of the world in an age of war and terrorism. Related Documents A Well-Connected Drug Trafficker in Guinea Faked Incineration of Seized Drugs Alleged in Guinea In Sierra Leone, a Successful Narcotics Case A Bribe to Sabotage a Drug Prosecution Mexican Military Welcomes U.S. Help Panama Wants U.S. to Wiretap Opponents Pressure to Misuse D.E.A. Wiretaps in Panama Grenade Attacks by Mexican Drug Cartel Paraguay Presses for D.E.A. Eavesdropping All Related Documents » In far greater detail than previously seen, the cables, from the cache obtained by WikiLeaks and made available to some news organizations, offer glimpses of drug agents balancing diplomacy and law enforcement in places where it can be hard to tell the politicians from the traffickers, and where drug rings are themselves mini-states whose wealth and violence permit them to run roughshod over struggling governments. Diplomats recorded unforgettable vignettes from the largely unseen war on drugs: ¶In Panama, an urgent BlackBerry message from the president to the American ambassador demanded that the D.E.A. go after his political enemies: "I need help with tapping phones." ¶In Sierra Leone, a major cocaine-trafficking prosecution was almost upended by the attorney general's attempt to solicit $2.5 million in bribes. ¶In Guinea, the country's biggest narcotics kingpin turned out to be the president's son, and diplomats discovered that before the police destroyed a huge narcotics seizure, the drugs had been replaced by flour. ¶Leaders of Mexico's beleaguered military issued private pleas for closer collaboration with the drug agency, confessing that they had little faith in their own country's police forces. ¶Cables from Myanmar, the target of strict United States sanctions, describe the drug agency informants' reporting both on how the military junta enriches itself with drug money and on the political activities of the junta's opponents. Officials of the D.E.A. and the State Department declined to discuss what they said was information that should never have been made public. Like many of the cables made public in recent weeks, those describing the drug war do not offer large disclosures. Rather, it is the details that add up to a clearer picture of the corrupting influence of big traffickers, the tricky game of figuring out which foreign officials are actually controlled by drug lords, and the story of how an entrepreneurial agency operating in the shadows of the F.B.I. has become something more than a drug agency. The D.E.A. now has 87 offices in 63 countries and close partnerships with governments that keep the Central Intelligence Agency at arm's length. Because of the ubiquity of the drug scourge, today's D.E.A. has access to foreign governments, including those, like Nicaragua's and Venezuela's, that have strained diplomatic relations with the United States. Many are eager to take advantage of the agency's drug detection and wiretapping technologies. In some countries, the collaboration appears to work well, with the drug agency providing intelligence that has helped bring down traffickers, and even entire cartels. But the victories can come at a high price, according to the cables, which describe scores of D.E.A. informants and a handful of agents who have been killed in Mexico and Afghanistan. In Venezuela, the local intelligence service turned the tables on the D.E.A., infiltrating its operations, sabotaging equipment and hiring a computer hacker to intercept American Embassy e-mails, the cables report. And as the drug agency has expanded its eavesdropping operations to keep up with cartels, it has faced repeated pressure to redirect its counternarcotics surveillance to local concerns, provoking tensions with some of Washington's closest allies. Sticky Situations Cables written in February by American diplomats in Paraguay, for example, described the D.E.A.'s pushing back against requests from that country's government to help spy on an insurgent group, known as the Paraguayan People's Army, or the EPP, the initials of its name in Spanish. The leftist group, suspected of having ties to the Colombian rebel group FARC, had conducted several high-profile kidnappings and was making a small fortune in ransoms. When American diplomats refused to give Paraguay access to the drug agency's wiretapping system, Interior Minister Rafael Filizzola threatened to shut it down, saying: "Counternarcotics are important, but won't topple our government. The EPP could." The D.E.A. faced even more intense pressure last year from Panama, whose right-leaning president, Ricardo Martinelli, demanded that the agency allow him to use its wiretapping program known as Matador to spy on leftist political enemies he believed were plotting to kill him. The United States, according to the cables, worried that Mr. Martinelli, a supermarket magnate, "made no distinction between legitimate security targets and political enemies," refused, igniting tensions that went on for months. Mr. Martinelli, who the cables said possessed a "penchant for bullying and blackmail," retaliated by proposing a law that would have ended the D.E.A.'s work with specially vetted police units. Then he tried to subvert the drug agency's control over the program by assigning nonvetted officers to the counternarcotics unit. And when the United States pushed back against those attempts moving the Matador system into the offices of the politically independent attorney general Mr. Martinelli threatened to expel the drug agency from the country altogether, saying other countries, like Israel, would be happy to comply with his intelligence requests. Eventually, according to the cables, American diplomats began wondering about Mr. Martinelli's motivations. Did he really want the D.E.A. to disrupt plots by his adversaries, or was he trying to keep the agency from learning about corruption among his relatives and friends? One cable asserted that Mr. Martinelli's cousin helped smuggle tens of millions of dollars in drug proceeds through Panama's main airport every month. Another noted, "There is no reason to believe there will be fewer acts of corruption in this government than in any past government." As the standoff continued, the cables indicate that the United States proposed suspending the Matador program, rather than submitting to Mr. Martinelli's demands. (American officials say the program was suspended, but the British took over the wiretapping program and have shared the intelligence with the United States.) In a statement on Saturday, the government of Panama said that it regretted "the bad interpretation by United States authorities of a request for help made to directly confront crime and drug trafficking." It said that Panama would continue its efforts to stop organized crime and emphasized that Panama continued to have "excellent relations with the United States." Meanwhile in Paraguay, according to the cables, the United States acquiesced, agreeing to allow the authorities there to use D.E.A. wiretaps for antikidnapping investigations, as long as they were approved by Paraguay's Supreme Court. "We have carefully navigated this very sensitive and politically sticky situation," one cable said. "It appears that we have no other viable choice." A Larger Mandate Created in 1973, the D.E.A. has steadily built its international turf, an expansion primarily driven by the multinational nature of the drug trade, but also by forces within the agency seeking a larger mandate. Since the 2001 terrorist attacks, the agency's leaders have cited what they describe as an expanding nexus between drugs and terrorism in further building its overseas presence. In Afghanistan, for example, "DEA officials have become convinced that no daylight' exists between drug traffickers at the highest level and Taliban insurgents," Karen Tandy, then the agency's administrator, told European Union officials in a 2007 briefing, according to a cable from Brussels. Ms. Tandy described an agency informant's recording of a meeting in Nangarhar Province between 9 Taliban members and 11 drug traffickers to coordinate their financial support for the insurgency, and she said the agency was trying to put a "security belt" around Afghanistan to block the import of chemicals for heroin processing. The agency was embedding its officers in military units around Afghanistan, she said. In 2007 alone, the D.E.A. opened new bureaus in Tajikistan, Kyrgyzstan and Dubai, United Arab Emirates, as well as in three Mexican cities. Cables describe lengthy negotiations over the extradition to the United States of the two notorious arms dealers wanted by the D.E.A. as it reached beyond pure counternarcotics cases: Monzer al-Kassar, a Syrian arrested in Spain, and Viktor Bout, a Russian arrested in Thailand. Both men were charged with agreeing to illegal arms sales to informants posing as weapons buyers for Colombian rebels. Notably, neither man was charged with violating narcotics laws. Late last year in a D.E.A. case, three men from Mali accused of plotting to transport tons of cocaine across northwest Africa were charged under a narco-terrorism statute added to the law in 2006, and they were linked to both Al Qaeda and its North African affiliate, called Al Qaeda in the Islamic Maghreb. The men themselves had claimed the terrorism link, according to the D.E.A., though officials told The New York Times that they had no independent corroboration of the Qaeda connections. Experts on the desert regions of North Africa, long a route for smuggling between Africa and Europe, are divided about whether Al Qaeda operatives play a significant role in the drug trade, and some skeptics note that adding "terrorism" to any case can draw additional investigative resources and impress a jury. New Routes for Graft Most times, however, the agency's expansion seems driven more by external forces than internal ones, with traffickers opening new routes to accommodate new markets. As Mexican cartels take control of drug shipments from South America to the United States, Colombian cartels have begun moving cocaine through West Africa to Europe. The cables offer a portrait of the staggering effect on Mali, whose deserts have been littered with abandoned airplanes including at least one Boeing 727 and Ghana, where traffickers easily smuggle drugs through an airport's "VVIP (Very Very Important Person) lounge." Top-to-bottom corruption in many West African countries made it hard for diplomats to know whom to trust. In one 2008 case in Sierra Leone, President Ernest Bai Koroma moved to prosecute and extradite three South American traffickers seized with about 1,500 pounds of cocaine, while his attorney general was accused of offering to release them for $2.5 million in bribes. In Nigeria, the D.E.A. reported a couple of years earlier that diplomats at the Liberian Embassy were using official vehicles to transport drugs across the border because they were not getting paid by their war-torn government and "had to fend for themselves." A May 2008 cable from Guinea described a kind of heart-to-heart conversation about the drug trade between the American ambassador, Phillip Carter III, and Guinea's prime minister, Lansana Kouyaté. At one point, the cable said, Mr. Kouyaté "visibly slumped in his chair" and acknowledged that Guinea's most powerful drug trafficker was Ousmane Conté, the son of Lansana Conté, then the president. (After the death of his father, Mr. Conté went to prison.) A few days later, diplomats reported evidence that the corruption ran much deeper inside the Guinean government than the president's son. In a colorfully written cable with chapters titled "Excuses, Excuses, Excuses" and "Theatrical Production" diplomats described attending what was billed as a drug bonfire that had been staged by the Guinean government to demonstrate its commitment to combating the drug trade. Senior Guinean officials, including the country's drug czar, the chief of police and the justice minister, watched as officers set fire to what the government claimed was about 350 pounds of marijuana and 860 pounds of cocaine, valued at $6.5 million. In reality, American diplomats wrote, the whole incineration was a sham. Informants had previously told the embassy that Guinean authorities replaced the cocaine with manioc flour, proving, the diplomats wrote, "that narco-corruption has contaminated" the government of Guinea "at the highest levels." And it did not take the D.E.A.'s sophisticated intelligence techniques to figure out the truth. The cable reported that even the ambassador's driver sniffed out a hoax. "I know the smell of burning marijuana," the driver said. "And I didn't smell anything." Andrew W. Lehren contributed reporting. Very important wikileak cables on the dea!!!!! - David Guyatt - 26-12-2010 If you could find and post the actual cable Pete, I think this deserves it for the record. My own suspicion is that the US and others know that the Wikileaks have a stash of documents that will blow everything to high heaven. Recall that this later dump was for almost 3 million documents, whereas the "Cable" portion was only 250,000. That's why Assange is being hunted like a multiple murderer, imo. I also have a suspicion that the DEA is completely penetrated by organized crime and that their eavesdropping and other covert "abilities" can be used by those groups to benefit widespread ongoing criminal enterprises. Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2008-05-05 14:50:00 Source Embassy Conakry Classification CONFIDENTIAL C O N F I D E N T I A L SECTION 01 OF 04 CONAKRY 000163 SIPDIS STATE FOR AF/W PARIS FOR DEA (S. HOUSTON) E.O. 12958: DECL: 05/03/2013 TAGS: EAGR, ECON, GV, PGOV, PHUM, SNAR SUBJECT: A PRIVATE CHAT WITH GUINEAN PRIME MINISTER LANSANA KOUYATE REF: A. CONAKRY 0162 B. CONAKRY 0148 C. CONAKRY 0155 Classified By: Ambassador Phillip Carter III for reasons 1.4 (b) & (d) 1. © SUMMARY: On May 3, Ambassador Carter met with Prime Minister Lansana Kouyate at the EMR for 90 minutes. Kouyate, who was traveling to Kuwait that evening, had just come from a meeting with President Conte at his farm in Dubreka where the PM discussed plans for a possible cabinet reshuffle, and the creation of a government committee to address Guinea's growing food crisis. The Ambassador's meeting covered a number of topics, from the Ambassador's latest travels into Guinea's interior to Kouyate's most recent meeting with President Conte, to the current political and economic challenges facing the country. The issue of Guinea's growing narcotics trafficking problem was also raised with some surprising insights regarding the apparently strained relationship between President Conte and his eldest son Ousmane, a leading figure in the country's drug trade. END SUMMARY ----------- Elections ----------- 2. (U) Kouyate was clearly pleased to be meeting with the Ambassador, stating that it had been a while since he had an opportunity to exchange ideas. Noting the Ambassador's recent travels throughout the country, Kouyate asked about the Ambassador's impressions. The Ambassador told the PM that it is clear that the elections are a topic of much interest among the various groups he had met with, including local political, youth and civil society leaders. However, he shared his impression that people seem frustrated, with many feeling that the government is not doing enough to ensure that the elections will be well organized, free and fair. The Ambassador stressed the need for better communication among these different groups in the countryside, emphasizing that the regional CENI representatives and local officials (Governors and Prefects) need to define their respective roles and responsibilities in order to avoid confusion as election day approaches. According to the Ambassador, everyone seemed to be waiting for instructions from Conakry rather than initiating the necessary dialogue amongst themselves. On this score, the PM stated that he will be convening a meeting of all political parties, the CENI, the Ministry of Interior and donors to discuss what needs to be done to get the process rolling in a more determined fashion. The Ambassador told the PM that he hoped that the CENI would also receive additional funding from the government, beyond the paltry 500 million GnP (about $110,000) it has already received. Kouyate said that he is looking to address the CENI's budget shortfall through a supplemental allocation to the "initial" allotment. 3. (SBU) The Ambassador also noted that many interlocutors were concerned about the growing ethnic character of each of the parties as well as the parties' apparent lack of action with respect to the elections. The PM responded by saying that the issue of ethnicity is not new or unique to Guinea, but that if any party wants to build the political standing necessary to control the National Assembly or win the Presidency, it will need to garner support from all of the country's ethnic groups. He shared the Ambassador's view that even within the Malinke, Sousou, or Fulani ethnic groups, there are divisions that will likely prevent any one political party from claiming the complete support of any one ethnicity. He pushed back on the Ambassador's assertion that the parties were not preparing themselves. The PM said that while the official campaign period is legally limited to a certain number of weeks before the election, the parties are actively seeking candidates and marshaling resources. He described one recent instance where a party had imported a container of promotional materials, such as Tee-shirts and caps with logos, and sought an exemption for the $500,000 duty imposed by customs, which he could not waive. The PM mentioned the law passed in May 2007 that obligates the Guinean Government to provide registered political parties with some public funds, and said that he had directed the Finance Minister to fulfill this obligation. CONAKRY 00000163 002 OF 004 ------------ Food Crisis ------------ 4. © Turning to economics, the Ambassador said that the government's recent ban on agricultural exports would likely cause more harm that good over the medium term, and would do nothing to solve the problem of rising food prices globally. The Ambassador noted that during his recent visit to the Forest Region, several producers complained about the ban. He stressed that banning exports creates a disincentive to farmers to increase production since their market is effectively cut off. Kouyate acknowledged the Ambassador's concerns, and emphasized that he is deeply committed to a liberal and open economic policy. However, he noted that, globally, there is a growing protectionist trend among countries that export agricultural commodities such as rice. He said he understood donor objections, but that the ban is an expedient necessity to support Guinean consumers who are increasingly squeezed by rising food prices. He added that local exporters deposit their profits into foreign accounts, meaning that Guinea gains little financially, if anything, from agricultural exports. The Ambassador responded that an export ban does not resolve the problem of repatriated revenues/profits, and urged the PM to focus on resolving problems that continue to inhibit local production. Kouyate stated that his government would clarify its policy to focus on certain essential staples. 5. (SBU) On the issue of food assistance, the Ambassador urged the PM to improve his government's coordination on this matter. The PM revealed that he had just left President Conte with a draft decree to establish a government steering committee on this subject, that Conte had agreed, and that the Agriculture Minister would receive the signed decree from Conte the following day. ----------------------------------- Ministers, Governors, and Prefects ----------------------------------- 6. (SBU) The Ambassador commended the PM on his selection of Governors and Prefects, many of whom are viewed as dynamic individuals truly concerned about their communities, but pointed out that despite these appointments, people are increasingly frustrated, viewing the government as largely ineffective. Kouyate recalled that, during a trip to Morocco shortly after he had appointed these new administrators, he was complemented by the then Moroccan PM because the majority of his prefects had received their administrative training from one of Morocco's best schools. Kouyate was unaware of this connection but later found out that the Minister of Interior had selected the prefects because of this specific training. While he said he was pleased with his governors and prefects, (with the notable exception of the Kindia Prefect who had been recently appointed by Conte and was considered a corrupt political hack - reftel A), he added that they lacked resources and basic equipment. He said that he would be providing 50 vehicles and uniforms to these local officials to help them in their activities before the elections. 7. © At the national level, Kouyate said he is looking to shake up his cabinet, an idea he proposed when he had met earlier that day with Conte. Kouyate told the Ambassador that he is looking to get rid of a handful of ministers he described as "not productive" and "not loyal." He also said that he plans to restructure certain ministries that are "too heavy." He specifically mentioned the Ministries of Education; Youth, Sports, and Culture; and Industry and Commerce as those that will be split. He stated that Conte supported this idea and that upon Kouyate's return from Kuwait; the two would look at the PM's restructuring plan more closely and select new ministers. Just as important, Kouyate added that he hoped he would be able to also restructure the civil service, which is seen as a major obstacle to reform. ------------------------------ The Bete Noir - Ousmane Conte ------------------------------ 8. © The Ambassador expressed his concerns about the growing drug trade in Guinea. Noting that until recently, CONAKRY 00000163 003 OF 004 much international attention was focused on Guinea Bissau as the first narco-state emerging in West Africa, the Ambassador said that it appears that the center of this illicit activity had now shifted to Guinea. As the Ambassador spoke, Kouyate visibly slumped in his chair, and then leaned toward the Ambassador, and said that he is aware of this problem and that the major Guinean trafficker is President Conte's son, Ousmane. He revealed that about eight months ago, an aircraft from Colombia or Venezuela was interdicted by local police at the airport in Faranah, a small city in the Middle Guinea region. When informed about the interdiction by the Minister of Interior, Kouyate instructed him to conduct a full investigation, seize the contraband and prosecute those responsible. 9. © A couple of days later, the Minister returned to inform the PM that the plane and its cargo had been released by the head of the National Gendarmerie, General Jacques Toure. Kouyate said he was furious and convoked Toure to his office. When initially confronted, Toure reportedly denied releasing the aircraft, but later told the PM that the illicit operation was lead by Ousmane Conte. (Bio note: Kouyate stated that he knows Toure well as they are related to each other through Kouyate's mother's family). Kouyate challenged Toure, asking him if he had informed anyone about this matter or if he had raised it with President Conte directly. Toure reportedly said he had not. Kouyate said he chastised Toure for his actions. He told the Ambassador that he then went to the First Lady, Henriette Conte, about Ousmane's complicity. Henriette reportedly described Ousmane as totally out of control, and directed the PM to take the matter up directly with the president. When Kouyate raised the incident, President Conte reportedly asked why his son would do such a thing. Kouyate told the president that it was a way for his son to get rich quickly and that it reflected poor character. Kouyate said that he reminded Conte that he had raised concerns about Ousmane years ago with the President but that nothing had been done. Kouyate then revealed a confidence from Conte to the Ambassador, mentioning that the President has had no contact or any communication with his son in over two years. According to Kouyate, Conte stated clearly that if evidence develops that ties Ousmane to narcotics trafficking, then he should be arrested and prosecuted. 10. © Kouyate asked if the Ambassador could express his concerns about the growing drug trafficking problem in Guinea in an open and public manner, such as a letter. The PM said that such a communication would help his office to engage the President and the government about this growing problem. He also asked for whatever assistance the USG could provide to help his government interdict smugglers. The Ambassador said that he had serious concerns about corruption within Guinea's security services on this score, noting the discrepancy between a recent press article highlighting a seizure of one ton of cocaine and police stating that only 350 kilos had been found (reftels B and C). Kouyate stated that some of the police are likely involved. He added that since his arrival, over 30 police and security personnel have been arrested for crimes and corruption, and are now languishing in prison. According to Kouyate, this is unprecedented in Guinea's history. He stressed that he would work with the Ministry of Interior to ensure that "the forthright and correct police officers" would be tasked to stop any flight or ship trying to smuggle narcotics into Guinea. The Ambassador said that he would look into what he could do and that he would coordinate his efforts with his European counterparts. Kouyate repeated his request for a letter that outlined U.S. concerns about narcotics trafficking in Guinea. The Ambassador stated that he would meet the PM's request and have something for him upon his return from Kuwait. -------------- Bilats Timing -------------- 11. (U) Kouyate raised the much delayed bilateral consultations, stating that he was keen to have them. When the Ambassador noted that the dated that the Foreign Ministry had offered May 21-22, would not likely work for principals in the African Bureau, the PM stated that if possible it would be better to hold them in June or July, given his own travel schedule. The Ambassador stated that he would convey CONAKRY 00000163 004 OF 004 this timeframe to Washington. ----- Conte ----- 12. © As the PM was leaving, the Ambassador asked him about Conte's health. Kouyate, slowly shaking his head said that "the president's health is up and down but he is not doing well." He admitted that "it is difficult to deal with that man", revealing that he is never sure what he is thinking. The Ambassador stated that he has been hearing much criticism of the president and that he is not well regarded in the countryside. Kouyate said that one does not need to leave Conakry to hear the same thing. He said that at a opening ceremony for a new stadium at the small university in Sonfonia, the crowds jeered every time Conte's name was mentioned. According to Kouyate, he had to admonish the crowds to be respectful, particularly given that the stadium is named after President Conte. "It was incredible" he said, shaking his head again with forlorn look on his face. -------- Comment -------- 13. © This was not the ebullient and positive PM of previous encounters. It is clear that political pressures and burdens of office have tempered Kouyate. His political ambition, though constrained, remains evident. For many pundits, the PM's tenure is almost over but he is fighting to hold on to his job. His feeble attempt to excuse the export ban reveals a man willing to use populist measures for political gain even while recognizing its negative economic impact. His plans to restructure his cabinet have been long in the making and he is undoubtedly under pressure to bring some of the old guard back. He will likely use the restructuring as an opportunity to engender new alliances and support. However, given his weak standing with civil society, the unions, and the presidential entourage, a cabinet shuffle could prove his undoing, if mishandled. CARTER Destination VZCZCXRO5641 OO RUEHPA DE RUEHRY #0163/01 1261450 ZNY CCCCC ZZH O 051450Z MAY 08 FM AMEMBASSY CONAKRY TO RUEHC/SECSTATE WASHDC IMMEDIATE 2474 INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY RUEHFR/AMEMBASSY PARIS PRIORITY 0529 RHEFDIA/DIA WASHINGTON DC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RHMFISS/HQ USAFRICOM STUTTGART GE PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2009-04-22 15:44:00 Source Embassy Freetown Classification CONFIDENTIAL C O N F I D E N T I A L SECTION 01 OF 03 FREETOWN 000152 SIPDIS DEPARTMENT FOR AF/W (JHUNTER/ESPRUILL) AND INL/AAE (KGOLDSTEIN) BRUSSELS FOR DOJ/DEA (TSCARANTINO) DOJ FOR DEA/OS/OSE (MCMANAMON/LENARTOWICZ), DEA/OS/OSE/CNTOC (BROWN) E.O. 12958: DECL: 04/19/2019 TAGS: SNAR, PGOV, PREL, SL SUBJECT: LANDMARK NARCOTICS CASE ENDS: DEFENDANTS NOT GOING TO DISNEYWORLD REF: A. 08 FREETOWN 336 B. 08 FREETOWN 461 C. 08 FREETOWN 552 Classified By: Ambassador June Carter Perry for reasons 1.4 (b/d) 1. © Summary: The Government of Sierra Leone's judicial system completed its landmark narcotics case (reftel A) on April 20, finding all defendants guilty. The first case tried using the national Narcotics Control Act of 2008, this creates valuable legal precedent, while also sending a message to narcotraffickers that Sierra Leone will not allow itself to become another West African country overrun by the global drugs trade. Of particular note were the convictions for the foreign defendants, three of whom were expelled into U.S. custody following the conclusion of the trial. Despite Sierra Leone's general lack of capacity and infrastructure, the collaborative efforts between the President and the judicial and security sectors to bring this case to a strong and dramatic conclusion demonstrates that political will exists here to effectively combat the issue. The USG should stand firmly behind President Koroma and the Government of Sierra Leone to encourage further counternarcotics efforts, and enable them to not only interdict drugs within their borders, but set a positive example for other nations in the sub-region that the war on drugs is one worth fighting. End Summary. --------------- CASE BACKGROUND --------------- 2. © The July 13, 2008, bust of an aircraft carrying over 700kg of cocaine (reftel A) created shockwaves in Sierra Leone, where many citizens and government representatives believed that their country had escaped the narcotics transiting trend growing in West Africa. In the reactive and somewhat ramshackle investigation that followed, scores of people were arrested or questioned in connection with the case, with 18 people ultimately being charged with narcotics-related offenses under the Narcotics Control Act. 3. © The arrest of Ahmed Sesay, a close relative of the then Minister of Transportation Ibrahim Kemoh Sesay, left the government open to criticism that it was complicit in the trafficking, highlighting the importance of strong government action to retain its credibility and commitment to law and order. A group of foreigners were also arrested, including the pilot and crew of the aircraft that brought in the cocaine, and others in Sierra Leone who were here to facilitate the onward movement of the drugs. 4. © Harvey Steven Perez, an American-Colombian dual national, was considered the key trafficker in the ring. On September 15th (reftel B), President Koroma requested the USG to assist in the removal of all of the suspected narcotraffickers, as well as Sierra Leoneans who could be indicted in the U.S. The President noted that he wanted rule of law to prevail, and was concerned that the narcotraffickers would undermine the judicial system. The President said he had encountered difficulties with the process but was determined to see the case to the end. On September 26, 2008, accompanied by U.S Ambassador, GoSL Foreign Minister and Sierra Leone's Ambassador to Washington, President Koroma met in Virginia with senior DEA officials and USG intelligence agency representatives. 5. © Subsequently, federal attorneys from the southern district of New York, assisted by DEA agents who had been asked by the government of Sierra Leone to help with the investigation, succeeded in securing indictments against two of the traffickers, Harvey Steven Perez and Gerardo Quistana Perez. On November 24th, (reftel C), the US Embassy presented a diplomatic note to the government of Sierra Leone concerning the indictments. In line with Koroma's request of September 15th, the Embassy informed the GoSL that we were prepared to accept the transfer of both indictees. In February, the Embassy presented a second diplomatic note asking for the transfer of as a material witness (note: was acting as a DEA informant when swept up in the arrests). In subsequent meetings, the president was informed that if he provided a 5-day notification, the U.S. was willing and able to remove the three individuals as per his earlier request. On 15 April, the president met with the FREETOWN 00000152 002 OF 003 Ambassador, informing her that the cocaine trial would end on 20 April, and the three individuals would be placed in our custody for removal. A presidential aide, who was concerned that the Attorney General would not follow through with the President's intent, arranged for a face-to-face meeting between the President, the Ambassador, and the Attorney General on April 18. The Attorney General assured the assembled group that the prisoners would be released to the United States on April 20. Subsequently, the DEA chartered an aircraft and employed agents to effect the transfer. 6. © Late in the afternoon of April 20, with the trial lasting well past the projected timeline, the Attorney General approached PolOff and informed her that Sierra Leone would have to collect fines from the individuals before they could be released to the USG. A presidential aide hinted that if the U.S. would pay the fines it would expedite the transfer of the prisoners, but the U.S. Embassy noted that it could not do so. The court case was adjourned later that evening, without a final judgment. The DCM and Ambassador were in 24 hour contact with the Foreign Minister, Presidential Aides, and the UN Representative (who arranged helicopter transport to the DEA plane). 7. © Determined to see the process through, the DEA and the Embassy held meetings with the Attorney General and discussions with other senior officials to impress upon them the importance of backing their president's promises. The DEA noted that assets may in fact be seized through the investigation of these individuals, and that there may be ways to share some of these assets with the government of Sierra Leone. This cleared the way for more progress the next day. 8. © Court reconvened at 11am April 22, with judgments being read but not an expulsion order. Negotiations between the Embassy and the government of Sierra Leone continued throughout the afternoon, with the judge announcing the sentences around 4pm. The accused were then returned to the prison, rather than being turned over to the United States government as initially promised. It was alleged by one of the defense attorneys that the foreigners had paid a 75,000 Euro bribe to the judge for a more lenient sentencing. 9. © As negotiations continued through the night, the government of Sierra Leone provided a diplomatic note to the U.S. Embassy, stating that the three accused would be turned over to the U.S. At 10:30pm the accused were in fact remanded to the DEA agents, who flew with them to the United States (the expulsion is technically not a judicial action, but a presidential decision, but it does require the judge to recommend expulsion as part of the sentence). 10. © The following penalties were imposed: 1st Accused: George Aritstizabel Archilla: U.S. $6.5M and 5 years imprisonment 2nd Accused: Victor Manuel Aranjo Lastreto (Jnr): $4M and 5 years imprisonment 3rd Accused: Julio Caesar Morales-Cruz: U.S. $3M and 5 years imprisonment 4th Accused: Mohamed Bahil Sesay (alias Ahmed Sesay): Le300M and 5 years imprisonment 5th Accused: Hassan Karim Mansaray: Le100M and 5 years imprisonment 6th Accused: Patrick Moriba Johnson: Le25M and 2 years imprisonment 7th Accused: Chernor Momodu Bah: Le150M and 5 years imprisonment 8th Accused: Harvey Steven Perez: U.S. /$5M and 5 years imprisonment 9th Accused: Gerardo Quistana Perez: U.S $2M and 5 years imprisonment 10th Accused: Eimy Fernandez Leandro: US. $3M and 5 years imprisonment 11th Accused: Alex Romeo: U.S. $1.5M and 5 years imprisonment 12th Accused: Ibrahim Mohamed Manley: Le150M and 5 years imprisonment 13th Accused: Released earlier in trial 14th Accused: Released earlier in trial 15th Accused: Alimamy Kabia: Le150M and 5 years imprisonment 16th Accused: Sadjo Sarr: U.S. $1.5M and 5 years imprisonment 17th Accused: Released earlier in trial 18th Accused: Mohamed Musa Kamara: Le50M and 3 years FREETOWN 00000152 003 OF 003 imprisonment The fines for foreigners were in U.S. dollars, and for Sierra Leoneans in Leones (at about 3000 Leones to the dollar). 11. © COMMENT: The expulsion is not only a significant diplomatic victory for the United States, but an internal victory for President Koroma, who demonstrated that he has the leadership capacity to overcome resistance within his own government (including, perhaps, his own attorney general) to assert the supremacy of the rule of law in Sierra Leone. While the corruption accusations were troubling, with a steady stream of rumors insinuating that drug money has been a factor in the legal case from the start, any underhanded activity proved inadequate in saving the traffickers from their ride to New York. Narcotics trafficking clearly poses an increasing threat to the sub-region, and it is a great relief that Sierra Leone possesses the capacity to arrest, try, convict, and imprison narcotraffickers, as well as overcome internal issues in order to cooperate at a very high level with the United States. Sierra Leone has the potential to be a significant partner in the regional war on drugs and to serve as a platform for other counternarcotics activities in West Africa. END COMMENT PERRY Destination VZCZCXRO6244 RR RUEHPA DE RUEHFN #0152/01 1121544 ZNY CCCCC ZZH R 221544Z APR 09 FM AMEMBASSY FREETOWN TO RUEHC/SECSTATE WASHDC 2598 INFO RUEHZK/ECOWAS COLLECTIVE RUEHBS/AMEMBASSY BRUSSELS 0348 RUEAWJA/DEPT OF JUSTICE WASHINGTON DC Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2009-03-06 15:31:00 Source Embassy Freetown Classification SECRET S E C R E T SECTION 01 OF 02 FREETOWN 000085 SIPDIS DEPARTMENT FOR AF/W (JHUNTER/ESPRUILL) BRUSSELS FOR DEA (TSCARANTINO) DOJ FOR DEA/OS/OSE (MCMANAMON/LENARTOWICZ) E.O. 12958: DECL: 03/06/2019 TAGS: SNAR, PGOV, PREL, SL SUBJECT: COCAINE CASE NEARLY IMPLODES: PRESIDENT INTERVENES REF: A. FREETOWN 78 B. FREETOWN 23 Classified By: Ambassador June Carter Perry for reasons 1.4 (b/d) 1. (S/NF) Summary: On March 5, emboffs learned from a well-placed source within the government that the Attorney General (AG) had secretly secured a deal with the foreign defendants in the cocaine case to grant their release in exchange for USD 2.5 million. According to our knowledge of the deal, the defendants were to change their pleas to "guilty" on March 6, be sentenced to a fine, and then be released/deported. Ambassador spoke with Foreign Minister Zainab Bangura on the evening of March 5, who immediately contacted President Koroma in India. Bangura later relayed a message from Koroma to the Ambassador -- no decisions will be made in this case until the President returns next week. His message appears to have also reached the ears of the judiciary; on March 6, Justice Browne-Marke adjourned proceedings in the case until March 13. While this is a positive result in terms of USG interests, we will need to tread softly with the government until the expulsion requests have been honored. The President is clearly cognizant of the importance of the case and plans to honor the promise he made to Ambassador on February 27 (reftel A), but the AG could create new obstacles. End Summary. --------------------------------------------- --------- THE DEAL: LINING POCKETS AS WELL AS GOVERNMENT COFFERS --------------------------------------------- --------- 2. (S/NF) Source revealed to emboffs on March 5 that the AG had been engaged in negotiations with the defense teams for several weeks. His initial overtures requesting USD 2 million per foreigner were deemed outrageously high, and they eventually settled on USD 2.5 million for the entire group of international accused (Note: The deal does not include the Sierra Leonean defendants, though Ahmed Sesay could likely afford to broker a similar deal. End Note). Source informed emboffs that once the Department of Public Prosecutions (DPP) rested their case as planned on March 6, the defendants, who initially refused to plea, would change their pleas to "guilty," pay their fine, and be free to go. Source was unclear on the mechanics of the deal, how and if money had already changed hands, how much of the money would go to the AG personally, and if the release would include deportation. 3. (S/NF) Source said that the deal was agreed to on February 20, but was reticent to share this information with either USG or UK representatives. Source later determined that this type of corrupt practice could not be tolerated and came forward, but remains fearful that the information leak will be linked to him/her, and that there will be reprisals. The UK received the information early in the day on March 5, and SOCA-London shared the information with DEA officials. The Freetown-based SOCA representative, however, did not/not share the information with emboffs directly. ------------------- PRESIDENTIAL ACTION ------------------- 4. (S/NF) Ambassador spoke to Foreign Minister Bangura on March 5, who contacted the President on his trip to India. Earlier in the day at a meeting of diplomatic corps COMs, Bangura stated that the President had traveled to India the night before, and that "they had even taken his cell phone from him" to guarantee he relaxed on his trip (Note: The first post heard of the trip was in a State House press release on March 5. This press release was corrected on March 6 to say that Koroma is visiting the Indian Prime Minister, and not merely vacationing, which the first release implied. End note). Bangura later informed the Ambassador that Koroma had stated that no action would be taken in the case while he was away. While the subsequent lines of communication are unknown, his edict must have reached the AG or the Chief Justice, resulting in Browne-Marke granting an unexpected one-week adjournment. ------------------ REACTIONS IN COURT ------------------ 5. (S/NF) The defendants seemed surprised by the adjournment, though it is difficult to fully observe their reactions from the vantage point of the courtroom's public gallery. Browne-Marke adjourned the session to give the DPP "time to FREETOWN 00000085 002 OF 002 assess if they want to call an additional witness before they close their case," and was on the bench for less than ten minutes - the shortest court session in the case's history. Several of the foreign defendants, including Quintana-Perez and Perez, spoke with their lawyer following the adjournment, and also appeared to speak at-length with the courtroom interpreter. Other defendants appeared unconcerned. Emboffs noted that the defense teams were primarily represented by junior barristers, with one senior attorney arriving to court just as Browne-Marke departed. Given that the source said that the defense teams are all owed significant amounts of money, upwards of USD 200,000, as well as information post received about the limited funds available to support the defense (reftel B), their lack of engagement is unsurprising. Post expects additional information from sources within the defense on March 6. ----------------------- POTENTIAL RAMIFICATIONS ----------------------- 6. (S/NF) Though the AG's actions appear corrupt, he can protest his innocence by refuting the source's claims, or stating that he is brokering a legal plea agreement. Post is confident that the only government officials aware of the USG expulsion requests to date are the President, Assistant to the President, Foreign Minister, and Deputy Foreign Minister. The AG is thus unaware of the promises made, and the impact this deal would have on those promises. He can, and likely will, state that he was operating with imperfect information and was acting lawfully in the best interests of the case and country. 7. (S/NF) Koroma's quick actions to ensure the proceedings stay on-course will likely necessitate bringing the AG into the fold on the expulsions. While this may not have any deleterious impact, particularly if the AG and others are informed that we plan to remove the three accused after the judgment (making them still responsible for paying any fines), he could deliberately erect legal roadblocks to serve his own interests or simply inform the defense teams of the plans. Though post has no information to suggest that the expulsions are counter to Sierra Leonean law, the AG may find or create issues depending on how well the defendants are willing to compensate him for his services. Impossible to read or predict, the AG could create problems where there previously were none. If this occurs, however, Koroma would likely override him to meet his own objectives. ----------------------- COMMENT: MOVING FORWARD ----------------------- 8. (S/NF) Post believes that Koroma was unaware of the deal until informed by the Foreign Minister. This trial is an important political and diplomatic tool for the President; to demonstrate to Sierra Leoneans that he is tough on criminal issues, and to the international community that he will not abide or accept naroctrafficking in his country. A release, even with a sizable fine attached, would weaken his image domestically and abroad, giving the impression that money will sway him from his principles. The media would skewer him for releasing the foreigners, given that the court of public opinion has already found them guilty and deserving of jail-time, as well as question the purpose and validity of the National Narcotics Control Act, which was rushed into law specifically for the purpose of trying these defendants. The President will lose political capital if the defendants are allowed to buy their way out of a jail sentence. Post is also confident that Koroma would not make an empty promise to honor the expulsion requests, and risk the ire of the USG. His ability to quickly assert discipline, even from India, is a good sign that he will be able to keep the corrupt elements of his Cabinet and government at bay, at least until the expulsions have taken place. 9. (S/NF) Post has and continues to believe that the AG will stop at nothing to end the career of the President, his long-time rival, and will gladly take whatever money the defendants are offering for his assistance. However, recognizing the President's need to save face in this situation, the best course of action is to discuss the deal as a legal plea bargain with all government interlocutors, allow the President to reassert his authority upon his return from India, and prepare for expulsions to take place earlier than initially targeted. End Comment. PERRY Destination VZCZCXRO2324 RR RUEHPA DE RUEHFN #0085/01 0651531 ZNY SSSSS ZZH R 061531Z MAR 09 FM AMEMBASSY FREETOWN TO RUEHC/SECSTATE WASHDC 2508 INFO RUEHZK/ECOWAS COLLECTIVE RUEHBS/AMEMBASSY BRUSSELS 0337 RUEAWJA/DEPT OF JUSTICE WASHINGTON DC Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2009-10-26 23:37:00 Source Embassy Mexico Classification SECRET S E C R E T SECTION 01 OF 02 MEXICO 003077 NOFORN SENSITIVE SIPDIS E.O. 12958: DECL: 07/24/2019 TAGS: PREL, PGOV, PINR, MX SUBJECT: DIRECTOR OF NATIONAL INTELLIGENCE DENNIS BLAIR'S MEETING WITH GENERAL GALVAN GALVAN, OCTOBER 19 Classified By: Political Minister Counselor Gustavo Delgado. Reason: 1.4 (b),(d). 1. (S/NF) Summary. DNI Dennis Blair met with Defense Secretary General Guillermo Galvan Galvan on October 19 on the heels of meetings with President Calderon and members of his national security team (ref a and b). The discussion focused largely on the military's role in the counternarcotics fight, with Galvan lamenting a likely lengthy domestic mandate, the need for improved translation of intelligence into operations, and his mistrust of other GOM security elements. Galvan is clearly seeking cooperation from the USG to strengthen his institution's capacity to fight drug trafficking organizations, but will try to keep military actions in its own channels rather than working more broadly with Mexico's law enforcement community. End summary. 2. (S/NF) To open the discussion with General Galvan Galvan and high-ranking members of his intel team, DNI Blair recognized the challenges a military confronts when it has to fight a war -- in this case against drug trafficking organizations -- within its own country. In response to the DNI's question on how the GOM can make the transition away from the armed forces to a strictly civilian counternarcotics domestic fight, Galvan said that he does not currently see a quick end to their internal deployment. He indicated that the effort is difficult for the military, in part due to the perception that they lack the legal framework to back their deployment. He noted that SEDENA is working with Congress to pass legislation that would address this matter. (Note: Calderon submitted to Congress last session a National Security Law that looks to codify the military's role in the domestic CN fight. End note.) He also mentioned that Article 29 of the constitution calling for a state of exception" in certain areas of the country might provide them with such legal authority (see septel for discussion on Article 29). SEDENA runs the risk of losing public prestige and being criticized on human rights issues as its mandate is extended, but he nevertheless expects the military to maintain its current role for the next 7 to 10 years. Galvan did suggest that increased U.S. intelligence assistance could shorten that time frame, and also applauded USG efforts to prevent arms trafficking across the border into Mexico. 3. (S/NF) Galvan indicated that he is interested in establishing the highest levels of cooperation with the USG, particularly in light of its "new authorities" as the institution responsible for capturing high-value targets, including two members of the Zetas and Sinaloa cartel head Joaquin "El Chapo" Guzman Loera. He further said that SEDENA was implementing a three stage operation to specifically target Chapo. The first stage, which they have largely accomplished, is to establish a physical force in the area of his operation primarily intended to collect intelligence. He noted that they have found 10 to 15 locations where he moves, but that Chapo commands the support of a large network of informers and has security circles of up to 300 men that make launching capture operations difficult. The second stage is to deploy a circle of troops into the area of his movements, which Galvan hopes to do shortly. The third stage is his capture. 4. (S/NF) The DNI suggested that improving the intelligence capabilities of deployed units would improve the troops' ability to launch more rapid operations, as the USG learned in its experience in Iraq. Galvan said the concept is clear -- he understands that good intelligence is worthless without a capable reaction force. He noted SEDENA should improve vertical communication on intelligence matters, and said they would be willing to accept any training the USG can offer. Galvan complained that joint operations with law enforcement entities are challenging because leaks of planning and information by corrupted officials have compromised past efforts. Bringing police, particularly at the state and local level, up to standard will be challenging and a prolonged process. Galvan said that SEDENA's permanent deployment of two officers to the El Paso Intelligence Center will help to disseminate rapidly information to the Ciudad Juarez commander. Visit Mexico City's Classified Web Site at MEXICO 00003077 002 OF 002 http://www.state.sgov.gov/p/wha/mexicocity and the North American Partnership Blog at http://www.intelink.gov/communities/state/nap / PASCUAL Destination VZCZCXRO0629 RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM DE RUEHME #3077/01 2992337 ZNY SSSSS ZZH R 262337Z OCT 09 FM AMEMBASSY MEXICO TO RUEHC/SECSTATE WASHDC 8758 INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE RHMFISS/DEPT OF JUSTICE WASHINGTON DC RUEHC/DEPT OF LABOR WASHINGTON DC RUEATRS/DEPT OF TREASURY WASHINGTON DC RUCPDOC/DEPT OF COMMERCE WASHINGTON DC RHMFISS/CDR USSOUTHCOM MIAMI FL RHMFISS/HQS USNORTHCOM RUEAHLA/DEPT OF HOMELAND SECURITY RUEABND/DEA HQS WASHINGTON DC RHEHAAA/NSC WASHINGTON DC Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2009-08-22 14:46:00 Source Embassy Panama Classification SECRET//NOFORN S E C R E T PANAMA 000639 NOFORN SIPDIS E.O. 12958: DECL: 08/18/2039 TAGS: PGOV, PREL, SNAR, KCRM, PM SUBJECT: MARTINELLI WIRETAP QUEST SHOWS DARK SIDE OF NEW GOP Classified By: Ambassador Barbara J. Stephenson for reason 1.4 b and d. Summary ------- 1. (S//NF) President Martinelli has reached out to the Embassy, among other actors, to request help in building infrastructure to conduct wiretaps against ostensible security threats as well as political opponents. The Ambassador has made it clear to the president that the USG will continue our successful judicialized law enforcement wiretap program with Panama, but we will not be party to any effort to expand wiretaps to domestic political targets. Martinelli's seeming fixation with wiretaps and his comments to Ambassador during an August 12 meeting demonstrate that he may be willing to set aside the rule of law in order to achieve his political and developmental goals. Martinelli has publicly declared that wiretapping will be a key law enforcement tool, and has submitted a draft wiretap bill to the national assembly. Civil liberties advocates are girding for a fight, and this issue could provide the first serious challenge to Martinelli's popularity. "I Need Help" ------------- 2. (S//NF) Late last month Martinelli sent the Ambassador a cryptic Blackberry message that said, "I need help with tapping phones." The Ambassador, who was traveling outside Panama at the time, did not respond to the substance of the message, but directed DCM and DEA chief to meet with Martinelli's staff to get a better understanding of the president's request. DCM and DEA chief met Minister of the Presidency Jimmy Papadimitriu on July 29 and again August 1. The latter meeting also included chief of intelligence Jaime Trujillo and newly-appointed Security Secretary Jose Abel Almengor. Papadimitriu explained that the Martinelli administration's aggressive anti-corruption campaign is taking on powerful and corrupt individuals whose economic status is being threatened. He said some of those individuals may attempt to retaliate by threatening Martinelli's personal safety. In addition, Martinelli believes that his right-of-center political orientation makes him a target of leftist governments in the region who will attempt to infiltrate Panama's trade unions and destabilize the GOP. Papadimitriu said Martinelli believes he is not getting adequate information from Panama's security services to counter these potential threats, and that he hoped to gain greater insight by establishing a wiretap program. 3. (S//NF) DCM and DEA chief explained the USG's "Operation Matador" judicialized wiretap program which currently operates in conjunction with Panama's police and security services. They emphasized the requirement that all targets must be related to drug trafficking and related crimes, and that all taps must be approved by a Panamanian supreme court judge, following basic legal protections that are well-established in the U.S. The present program provides half of the wiretapped lines to the GOP for its own organized crime investigations, which could include national security targets. Under current procedures, DEA prepares an affidavit every 30 days which contains a list of DEA and GOP wiretap targets, which is reviewed and approved by the supreme court. 4. (S//NF) Papadimitriu, Trujillo and Almengor suggested that the current system did not allow the GOP enough flexibility to select targets, and mentioned short-fuse incidents such as kidnappings where rapid wiretap capability was needed. DCM and DEA chief countered that the technical capacity already exists, and that the GOP should explore a new rapid-response procedure for getting court orders that would authorize taps for emergency situations. DCM made very clear to Papadimitriu that the USG would not assist in expanding the program to include domestic political targets. Papadimitriu laughed and said that Panama's security problems were far too serious to waste limited investigative capacity on political enemies. Darker Intent ------------- 5. (S//NF) A recent conversation with President Martinelli, however, paints a less benign picture. On August 12 Vice President Juan Carlos Varela invited Ambassador, DCM and DEA chief to meet with him and Papadimitriu to discuss the issue further. Upon arrival at Varela's office, we were redirected to Martinelli's office as the president had taken over the meeting. 6. (S//NF) Martinelli opened by repeating his request for USG help to expand wiretaps, saying "we are in darkness" fighting against crime and corruption. He said it is not fair that DEA collects information but that Panama does not benefit from that information. He made reference to various groups and individuals whom he believes should be wiretapped, and he clearly made no distinction between legitimate security targets and political enemies. Martinelli suggested that the USG should give the GOP its own independent wiretap capability as "rent" in exchange for the use of GOP facilities. 7. (S//NF) The Ambassador forcefully defended the DEA program and pointed out that the jointly-investigated cases were taking criminals off of Panama's streets and making the country safer. Martinelli made an implicit threat to reduce counter-narcotics cooperation if the USG did not help him on wiretaps, to which the Ambassador promptly countered that she would readily inform Washington and we would all see Panama's reputation as a reliable partner plummet dramatically. Martinelli immediately backed off, and said he did not want to endanger cooperation. 8. (S//NF) Martinelli said the GOP could expand wiretaps on its own, but would rather have USG help. He said he had already met with the heads of Panama's four mobile phone operators and discussed methods for obtaining call data. The Ambassador reiterated the points made in our earlier meetings, that the current technical capacity was adequate and that the GOP should streamline its process for obtaining court orders for emergencies. Naive and Dangerous ------------------- 9. (S//NF) Martinelli's near-obsession with wiretaps betrays a simplistic and naive attitude toward the criminal investigative process. He appears to believe that wiretaps are the solution to all of his crime problems, and seems unable to grasp the concept that wiretaps are only one tool in the investigative process. We believe that he has tasked several subordinates to obtain wiretap capacity by reaching out to other governments and the private sector. His effort is an open secret among security professionals in Panama City. His behavior also tracks with an attitude of suspicion and vindictiveness we have seen since the early days of the campaign, when he was convinced that the PRD-controlled security service was tapping his phones. (Comment: This was very probably true.) 10. (S//NF) More worryingly, Martinelli seems prepared to dispense with legal procedure in order to achieve his reform agenda. During the August 12 meeting he proudly recounted to the Ambassador how, earlier that day, he had twisted the arms of casino operators and threatened to cancel their concessions if they did not pay their back taxes and cut their ties to the opposition political figures who had granted their generous concessions. Referring to businessmen who received corrupt concessions, Martinelli promised to "throw them to the sharks." He chided the Ambassador for being "too legal" in her approach to the issue of wiretaps. 11. (S//NF) Martinelli has visited the DEA/GOP wire room and has been fully briefed on how the joint program operates. Our conversation made clear that he wishes to establish his own independent wire program under the cover of the DEA program. If he were able to establish such a program, he could blame it all on the gringos if it were exposed, which in this tiny country it inevitably would be. That could provoke a political backlash that would endanger the DEA wire program and its significant value to USG law enforcement. Martinelli's bullying style with the Ambassador made it clear that he is prepared to push the limit to get what he wants, even with his "friends." VP/FM Varela went out of his way to apologize to the Ambassador and to minimize fallout from the meeting, noting that he hates Martinelli's bluster but has not yet convinced him that whatever his persona is as "Ricardito," such behavior is inappropriate for the President of the Republic. Big Fight Coming ---------------- 12. (S//NF) The GOP last week introduced a draft bill to the national assembly that would require registry of prepaid cell phones and compel mobile operators to submit call data to the GOP for criminal investigations. Panama's outspoken "civilista" sector has already voiced its strong opposition to the bill. In addition to the wiretap bill, civil liberties advocates are deeply concerned about Martinelli's intent to defer modernization of the criminal code through transition to an accusatory system, as well as his moves to distance the new GOP from the process of civil society input to judicial policy dialogue established under the previous government. The noisy and potentially powerful forces who once resisted Manuel Noriega could unite in common cause over these issues to negatively impact Martinelli's popularity. At the very least, Martinelli's comportment manifests the autocratic tendencies which have long been predicted by friend and foe alike. Comment: ------- 13. (S//NF) A president only gets his "first hundred days" once, and Martinelli is spending his obsessing about vengeance against his political foes. Most of his government appointments have favored loyalty over competence. This is negatively affecting his ability to pursue his top priorities, as well as our bilateral cooperation on shared priorities. His penchant for bullying and blackmail may have led him to supermarket stardom but is hardly statesmanlike. He risks losing the good will of his backers in the Panamanian elite and business communities. Martinelli is not a member of Panama's traditional elite, and he could be on thin ice if his "anti-corruption" measures end up being seen primarily as shake-downs for fast cash. 14. (S//NF) Martinelli ran as a pro-U.S. candidate, and now assumes the U.S. owes him a debt as a right-of-center counterbalance to Hugo Chavez in the region. Our challenge is to convince him and others in his government that the 1980s are over in Central America. In our discussions with Panamanians across the board, we are emphasizing the message that the U.S. has no interest in a left-right divide in the hemisphere, but rather in long-term institutional stability. Our desire is that ten years from now, Panama is a stable, secure, democratic, prosperous country which is friendly to the U.S. and capable of administering and protecting the Canal. 15. (S//NF) In addition to sending that message, we are carefully directing embassy programs to take advantage of new opportunities, for example a reinvigorated effort to reach "youth at risk" and reduce street crime, while avoiding potential pitfalls, particularly in the security arena. Our wiretap program, which works well and upholds the rule of law, would easily withstand public scrutiny were it to come to light. We are coordinating closely with counterparts in the Council for National Security and Public Defense (Consejo) to meet our own collection requirements, but we must remain vigilant against the danger of local officials trying to commandeer the program for internal political games. We must be able to defend every action we take and in doing so make ourselves immune to threats to reveal our programs if we don't cave to pressure. Close coordination by all USG agencies with Embassy Panama City is therefore more important than ever. STEPHENSON Destination VZCZCXYZ0000 OO RUEHWEB DE RUEHZP #0639/01 2341446 ZNY SSSSS ZZH O 221446Z AUG 09 FM AMEMBASSY PANAMA TO RUEHC/SECSTATE WASHDC IMMEDIATE 3679 INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 2843 RUEHGT/AMEMBASSY GUATEMALA PRIORITY 0800 RUEHMU/AMEMBASSY MANAGUA PRIORITY 0646 RUEHME/AMEMBASSY MEXICO PRIORITY 3855 RUEHSJ/AMEMBASSY SAN JOSE PRIORITY 2041 RUEHSN/AMEMBASSY SAN SALVADOR PRIORITY 1571 RUEHTG/AMEMBASSY TEGUCIGALPA PRIORITY 0441 RUEABND/DEA WASHDC PRIORITY RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RHMFISS/DIRJIATF SOUTH PRIORITY RHEFDIA/DIA WASHDC PRIORITY RUCNFB/FBI WASHINGTON DC PRIORITY RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY RHEHAAA/NSC WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2009-12-24 16:58:00 Source Embassy Panama Classification SECRET//NOFORN S E C R E T PANAMA 000905 NOFORN SIPDIS MEXICO AND EL SALVADOR FOR DEA E.O. 12958: DECL: 2019/12/24 TAGS: PREL, PGOV, SNAR, PINR, ASEC, KJUS, PM SUBJECT: Guidance Request: DEA Wiretap Program REF: PANAMA 639; PANAMA 699; PANAMA 777; PANAMA 776; PANAMA 799 PANAMA 877; PANAMA 901 CLASSIFIED BY: David Gilmour, DCM, State, EXEC; REASON: 1.4(B), (D) 1. (U) This is an action request, see para 8. 2. (S//NF) Since July 2009, Embassy Panama has grappled with President Martinelli's desire to involve the USG in his efforts to construct a wiretap program that would target his domestic political opponents. Refs A, B and C document the sequence of events in which the president and subordinates employed a variety of tactics ranging from straightforward requests to intimidating threats, in order to obtain USG assistance and/or political cover for his wiretap project. Ample additional reporting on this topic is available in other agency channels. 3. (S//NF) From the time of our very first discussion with the GOP on this subject in July until now, we have clearly and consistently told all senior GOP officials that the USG will only conduct limited law enforcement wiretap programs in cooperation with Panamanian law enforcement and judicial authorities, directed only against genuine law enforcement targets, in a process managed by a Panamanian prosecutor and approved by a Panamanian supreme court judge. 4. (S//NF) Since our decision in late September (Ref B) to remove the DEA Matador wiretap program from control of the GOP's Council for Public Security and National Defense (CSPDN), we have confronted a series of obstacles, including threats from the CSPDN director to expel the DEA from Panama (Ref C) and restrict payments to vetted units (Ref G), and generally weak support for the move from Martinelli and senior GOP leaders. Martinelli's distrust of Panama's attorney general (Ref D) has complicated the issue and he and his subordinates have repeatedly proposed alternative arrangements that would keep the Matador program within CSPDN, but would not fully maintain the "firewall" between law enforcement and intelligence activities. 5. (S//NF) We are still hopeful that we can complete the Matador move out of CSPDN early in the new year, but if we are unable to do so, we are faced with a difficult decision. If Matador remains in CSPDN, the GOP will continue its efforts to change procedures to weaken judicial controls over the program. CSPDN director Olmedo Alfaro has told Embassy officers that the GOP plans to introduce legislation that would create a special judge to approve GOP wiretap targets on short notice. With Panama's notoriously corrupt judicial system (rated 103 out of 133 by the World Economic Forum), we are not confident that the new judge will uphold the same standards and civil liberties protections that the Panama supreme court has exercised in its oversight of Matador to date. 6. (S//NF) All of this comes at a time when Panama's judicial institutions are under assault by the executive, with Martinelli's strong political pressure on the attorney general (Ref D) and the controversial appointment of two Martinelli political cronies to the supreme court (septel). For several weeks the Panamanian media has carried a steady stream of criticism of Martinelli's actions, and most observers believe that the country's already weak justice system is suffering serious body blows. 7. (S//NF) The Matador wiretap program is a valuable law enforcement tool, but we believe that the USG must not compromise democratic values in the employment of that tool. The United States itself has recently experienced a difficult debate over civil liberties and democratic principles being compromised in the name of security. We should not be a participant in questionable activities in Panama. The recent DAS scandal in Colombia illustrates the catastrophic consequences of politically motivated wiretaps, and such a scenario could easily unfold in Panama if the GOP continues its present course of action. If we cannot guarantee with a high level of confidence that the Matador program will not be misused for political purposes, then we prefer to suspend the program. 8. (SBU) Post requests Department coordinate with other stakeholder agencies to provide advice on a way forward. While we at post are in the strongest position to provide views on the operational impact of suspending the program, stakeholder agencies in Washington can best provide the perspective on the legal and policy factors against which the operational impact should be weighed. We will be pleased to provide extensive additional background material and technical details as requested. STEPHENSON Destination VZCZCXYZ0002 RR RUEHWEB DE RUEHZP #0905/01 3581659 ZNY SSSSS ZZH R 241658Z DEC 09 FM AMEMBASSY PANAMA TO RUEHC/SECSTATE WASHDC 0235 INFO RHEFDIA/DIA WASHINGTON DC RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RHMFISS/CDR USSOUTHCOM MIAMI FL RHMFISS/COMDT COGARD WASHINGTON DC RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC RHMFISS/JOINT STAFF WASHINGTON DC RUEABND/DEA HQS WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEHBO/AMEMBASSY BOGOTA RUEHGT/AMEMBASSY GUATEMALA RUEHME/AMEMBASSY MEXICO 0058 RUEHMU/AMEMBASSY MANAGUA RUEHSJ/AMEMBASSY SAN JOSE RUEHSN/AMEMBASSY SAN SALVADOR RUEHTG/AMEMBASSY TEGUCIGALPA 0056 RUEHZP/AMEMBASSY PANAMA RUEKJCS/SECDEF WASHINGTON DC Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2010-02-28 21:46:00 Source Consulate Monterrey Classification UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLAS MONTERREY 000066 SENSITIVE SIPDIS DS/IP/WHA, DS/IP/DEAV, AND DS/PSP/DEAV WHA/MEX E.O. 12958: N/A TAGS: ASEC, KCRM, SNAR, CASC, PGOV, MX SUBJECT: Grenade Attacks Against Monterrey Police; Feb. 26 and 28th EACs REF: 10 NUEVO LAREDO 56 1. (SBU). Late in the evening of February 27, hooded men conducted simultaneous grenade attacks against the facilities of five municipal police forces within the Monterrey metro area. At police stations in the working class suburbs of San Nicolas and Cadereyta, the grenades exploded, injuring two and causing significant property damage; in Guadalupe, Escobedo, and Apodaca the devices did not detonate. Law enforcement sources, but not the press, report a sixth attack in the city of Santiago, south of Monterrey, and there are sketchy indications of a seventh attack in Sabinas-Hidalgo, about an hour north of Monterrey. The authorities have arrested two attackers and recover three unexploded grenades and one grenade spoon. ATF Monterrey is in the process of obtaining access to the recovered physical evidence. Although there were civilian witnesses to the San Nicolas explosion, no one is likely to come forward to present evidence or testify. Law enforcement sources report that the police present when the stations were attacked fled their posts. It is now clear that the ongoing war between the Gulf and Zeta drug trafficking organizations (DTOs) has reached Monterrey. Nuevo Leon Spin Control ------------------------------ 2. (SBU). While Nuevo Leon Secretary General Javier Trevino Cantu has characterized the coordinated attacks as a reaction by organized crime to the state government's security efforts, this explanation is not persuasive as the state's programs are still notional at best. Neither the recently-announced military/federal/state plan to install roadblocks (68 checkpoints in 19 cities) along the Monterrey to Reynosa, Tamaulipas corridor nor the state's new plan to install checkpoints in 11 Monterrey metro area municipalities to stem car theft have begun. Given the thorough penetration by the Zetas of the police forces in those municipalities that were hit, a much more likely explanation is that the attacks were a signal from the Gulf cartel to the police to cease/desist their support of the Zetas and switch sides. Other plausible theories exist as well -- such as the attack was an attempt to "heat up" the Monterrey plaza -- but none involve organized crime responding to "effective" state government enforcement efforts. Public Worried and Distrustful ------------------------------------ 3. (SBU) Locally, the Monterrey public is worried as citizens fear that if the war between the cartels were to hit the city in earnest, Monterrey could experience the rampant violence seen at the border. The continuing wave of car-jackings/car thefts -- the DTOs appear to be using the stolen cars to fulfull their transportation needs -- has many on edge. Citizens are curtailing trips to the border, and several bus companies are cancelling runs to outlying cities in the state. Indeed, if high-value targets fleeing Tamaulipas take up residence in Monterrey and nearby Saltillo, Coahuila, violence here between the cartels and between the cartels and the military (both army and navy) will increase. During the previous week reliable witness reported carloads of gunmen, with automatic weapons hanging out the window, retreating to Monterrey along the highways linking the city to Reynosa. Indeed, DEA confirms a rolling confrontation between the military and retreating Zetas on February 27 in the Nuevo Leon municipalities of Zuazua and Pesqueria, both to the north and east of Monterrey. 4. (SBU). A recent poll done by the Monterrey-based Grupo Reforma -- publishers of the influential local daily "El Norte" -- revealed that 58 percent of Tamaulipas respondents had seen or heard gun battles or violent acts that the media/government had not made public. From here, it looks as if Nuevo Leon residents share this view. Indeed, post law enforcement has learned that six died during the Zuazua/Pesqueria shoot-out, an incident which has not been reported in the local press. The rumor that Tamaulipas Governor Eugenio Hernandez had been kidnapped flew around among Monterrey elites at light speed on February 26. The comparative silence of Nuevo Leon Governor Rodrigo Medina on security issues in general has only heightened suspicions. February 26 EAC Meeting and February 28 Follow-up --------------------------------------------- ------------------- 5. (SBU) Prior to the grenade attacks, Consulate General Monterrey's Emergency Action Committee (EAC) met on February 26, 2010 to discuss the current wave of narco-related violence and its potential impact on Consulate security and operations. The EAC was chaired by Consul General with the presence of MGT, RSO, CONS, POL, CLO, FBI, ATF, DEA, ICE, PD and OPAD. Among items discussed was the continued increase in car-jackings and stolen cars. During the previous evening, a local car lot was hit by a DTO and as many as 10 SUVs were taken. The group also kidnapped the owner and two other family members. It was reported that local police seen in the area did not respond to distress calls from the family. 6. (SBU) RSO relayed Unclass reporting that the Los Zetas leader, Miguel Heriberto Lazcano-Lazcano is believed to be hiding in Monterrey and was planning for counter-offensive strikes against the Gulf Cartel in Tamaulipas. This information dovetailed with reporting from other sources and the members of post's Law Enforcement Working Group elaborated that Saltillo, Coahuila would likely be considered a safehaven by the Zetas. 7. (SBU) The CG and RSO discussed obtaining further protective equipment for the Local Guard Force. RSO will submit a request for an emergency shipment of ballistic helmets and rifle grade body armor from DS/PSP/DEAV. 8. (SBU) At a February 28 follow-up session of the Law Enforcement Working Group, committee members discussed the probabilities of further Gulf Cartel retributions against Zeta controlled police departments in the Monterrey area. Various EAC members believe that the next targets of attack by the Gulf cartel might be the Monterrey and Santa Catarina police or Nuevo Leon state police facilities. On February RSO office distributed a security notice to Consulate employees reminding them of the need to remain vigiliant. WILLIAMSON Destination VZCZCXYZ0001 OO RUEHWEB DE RUEHMC #0066/01 0592147 ZNR UUUUU ZZH O R 282146Z FEB 10 FM AMCONSUL MONTERREY TO RUEHC/SECSTATE WASHDC IMMEDIATE 0059 INFO RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC RHMFIUU/FBI WASHINGTON DC RUEABND/DEA HQS WASHINGTON DC RUEHCD/AMCONSUL CIUDAD JUAREZ RUEHGD/AMCONSUL GUADALAJARA RUEHHO/AMCONSUL HERMOSILLO RUEHMC/AMCONSUL MONTERREY RUEHME/AMEMBASSY MEXICO RUEHNG/AMCONSUL NOGALES RUEHNL/AMCONSUL NUEVO LAREDO RUEHRD/AMCONSUL MERIDA RUEHRS/AMCONSUL MATAMOROS RUEHTM/AMCONSUL TIJUANA Very important wikileak cables on the dea!!!!! - Peter Lemkin - 26-12-2010 Date 2010-02-18 20:52:00 Source Embassy Asuncion Classification SECRET//NOFORN S E C R E T ASUNCION 000097 SIPDIS NOFORN WHA/FO CMCMULLEN, WHA/BSC MDRUCKER, BFRIEDMAN, MDASCHBACH, INL/LP DHOOKER, DS/TIA/ITA E.O. 12958: DECL: 2035/02/18 TAGS: PGOV, SNAR, ASEC, PREL, PA SUBJECT: GOP SEEKS TO IMPLEMENT NEW CELL PHONE INTERCEPT SYSTEM, BUT PROMISES TO KEEP SIU PROGRAM INTACT CLASSIFIED BY: Ambassador Liliana Ayalde, Ambassador, State, Front Office; REASON: 1.4(B), (D) 1. (S/NF) SUMMARY: Interior Minister Filizzola told the Ambassador February 10 that the GOP would soon be rolling out a new, expanded cell phone intercept program, which would continue to cover counternarcotics but would also include anti-kidnapping cases as the GOP ratchets up efforts to capture the EPP. Filizzola assured the Ambassador that the DEA-SIU cell intercept program would remain alive, but encouraged the Embassy to allow the use of the DEA-funded cell intercept software to the GOP or it would be rendered obsolete. Despite some initial technical doubts, it appears that Filizzola's plan is technically feasible. However, we want to ensure that the DEA-supported program is not compromised in the process. Given the pressures on the GOP to arrest the EPP members responsible for the Zavala kidnapping, there is no doubt that the Lugo government will press to increase its intercept capability. Our participation and concurrence is key to our counternarcotics-- and broader law enforcement-- goals in Paraguay. END SUMMARY. --------------------------------------------- ---------------------- ----------- FILIZZOLA INFORMS AMBASSADOR OF NEW GOP PROGRAM --------------------------------------------- ---------------------- ------------ 2. (S/NF) Interior Minister Rafael Filizzola told the Ambassador February 10 that the GOP would soon be rolling out a new, expanded cell phone intercept program, which would continue to cover counternarcotics but would also include anti-kidnapping cases as the GOP ratchets up efforts to capture members of the Paraguayan People's Army (EPP) involved in the Fidel Zavala kidnapping. Since September 2009, DEA has had an active cell phone intercept program limited solely to counter-narcotics, managed by the Anti-Drug Secretariat (SENAD) (which is independent of the Interior Ministry). On several occasions since the October kidnapping of rancher Zavala by the EPP, Minister Filizzola asked Ambassador Ayalde and/or DEA to allow the Interior Ministry access to the cell intercept program so that it could pursue leads in the kidnapping case. Embassy declined access to the system, but cooperated with the Interior Ministry in order to monitor 12 lines related to the kidnapping. On February 10, Minister Filizzola told the Ambassador that the GOP had everything in place (legal framework, equipment, etc.) for a broader intercept program, but he learned that his program would impact the DEA-SIU program. The Ministry procured Brazilian intercept equipment for USD 1.2 million but needed access to the software available via the DEA-SIU program at SENAD in order to make it operational. The Minister further said that he now understood that the technology did not permit both programs to operate independently. Thus the USG could either authorize the Ministry to link up with the DEA software or the GOP would procure the rest of its own system which would mean that the USG program housed in SENAD would be shut down. While acknowledging that drugs are a serious problem, the Minister stated that they are not the only security issue confronting Paraguay. Kidnapping, arms trafficking and corruption, the Minister stated, could not be subordinated to the war on drugs. Filizzola said the GOP's top priority was capturing the EPP, which had to take precedence over counternarcotics. He was specifically concerned about the USD 550,000 the EPP received during the Zavala kidnapping, the EPP's interest in generating instability, and the leads the GOP had on some other possible kidnappings. "Counternarcotics are important," he said, "but won't topple our government. The EEP could." 3. (S/NF) Filizzola assured the Ambassador that the DEA-SIU cell intercept program would continue, but encouraged the Embassy to cede access to its cell intercept software to the GOP or it would be rendered obsolete. The Minister said SENAD would still be able to intercept lines, but the Ministry of Interior would need to utilize our software. Filizzola said President Lugo had approved the new program, and would speak to SENAD Minister Cesar Aquino regarding same. (NOTE: As of this writing, Lugo had not broken the news to Aquino. END NOTE). Filizzola told the Ambassador that he wanted to ensure transparency with the Embassy and secure our continued cooperation. The Minister stressed that he had the support and legal framework from the courts, Public Ministry, and the telephone regulatory agency CONATEL. The Minister noted that since the DEA already owns the connecting software (LMNS) equipment, it would be more sensible and helpful to the GOP if the U.S. would authorize its use by the Ministry. The alternative-the GOP starting from scratch-- would waste precious time in the GOP's urgent effort to capture members of the EPP and would render our equipment/software obsolete. 4. (S/NF) The Ambassador made clear that the U.S. had no interest in involving itself in the intercept program if the potential existed for it to be abused for political gain, but confirmed U.S. interest in cooperating on an intercept program with safeguards, as long as it included counternarcotics. While noting that the Interior Ministry's current personnel are trustworthy, the Ambassador noted that others could abuse this technology in the future. The Minister concurred and added that both he and the President were keenly aware of the potential risks. The Minster added that he believes there are currently three or four clandestine pieces of equipment in Paraguay capable of intercepting cellular phone calls. This equipment was purchased by members of the previous government using questionable funding and disappeared once the Lugo government took over. Both Filizzola and Vice Minister Caballero, who was also present for the meeting, confirmed that controls are crucial. Caballero assured the Ambassador that the following judicial and procedural protections are in place: 1) the intercept room will be managed by Public Ministry prosecutors and the Interior Ministry; 2) cellular phone providers will know which lines the GOP is listening to and will only grant permission based on a judicial order; 3) judicial orders can only be issued by three Asuncion-based judges, which are the same judges authorized to issue the orders under the current DEA-SENAD program; 4) the Supreme Court will ensure that only authorized taps are in place; 5) the equipment purchased by the GOP automatically tracks every action taken and its historical account cannot be altered or erased; and 6) the law only permits cell phone interception for anti-kidnapping (in this case, pursuit of the EPP) and counter-narcotics; there are no other lawful purposes. --------------------------------------------- ---------------------- ----------------------- IN SPITE OF SOME QUESTIONS, THE PROGRAM APPEARS TO BE FEASIBLE --------------------------------------------- ---------------------- ----------------------- 5. (S/NF) Despite some initial technical questions from DEA, it appears that Filizzola's plan is feasible given the GOP's purchase of additional technology. The highly technical nature of this program has lent itself to confusion about what is and is not possible. From Filizzola's first request to use the software (LMNS) that the Embassy installed at SENAD, we had consistently indicated that DEA Washington had to weigh in. So the Embassy arranged for a February 17 video-teleconference (VTC) between the Minister, Vice Minister Caballero, and Filizzola's Chief of Staff Claudia Guanes and DEA Washington, led by , DEA's Unit Chief Coordinator for the Science and Technology Section. Also present were the Ambassador and DEA Country AttachC) . 6. (S/NF) During the VTC, Minister Filizzola laid out his plans for the program in general terms, highlighting its urgency. He said his program would start with cell phone provider PERSONAL, which is the only currently operational cell provider using the DEA-procured LMNS. Filizzola asked about the status of the second DEA- procured LMNS for TIGO, and expressed the GOP's commitment to continue the counternarcotics intercept program. He discussed the technical limitations with the DEA experts and concluded that expansion of the intercept program was technically possible with the purchase of additional hardware and licenses. The Minister saw two alternatives: (1) the Ministry buys additional equipment/software and replaces the DEA-purchased LMNS; or (2) the Ministry and SENAD (read DEA-supported program) share the connecting software (LMNS). Both DEA and the Minister asked some clarifying questions which demonstrated that the Ministry had the equipment for the Monitoring Center and only needed the use of the DEA software currently in use at PERSONAL. Between PERSONAL and the next cell provider scheduled to come on-line, TIGO, they would cover 90% of the cellular telephone market. DEA indicated that it took them over a year to install the PERSONAL system because full cooperation from the company is required. The Minister emphasized that this would not be an issue because they already had the decree from CONATEL (telephone industry regulator) that forces the telephone companies to cooperate, in addition to the proper legal authorities (based on the Constitution and the anti-kidnapping law). 7. (S/NF) In light of the highly sensitive nature of this program, the Ambassador asked Minister Filizzola to provide the Embassy with a written request for access to the existing cell intercept software, along with copies of the laws that serve as a legal basis for the expanded program. Both Supreme Court President Fretes and SENAD Minister Aquino expressed doubts to Emboffs about the legality of the expanded program. (NOTE: While Fretes told Filizzola that he was "on board," it is very common for Paraguayans to avoid voicing disagreement. Aquino's concerns, in turn, may have more to do with his rivalry with Minister Filizzola. END NOTE). TIGO (Millicom), one of Paraguay's leading cell phone providers, told the Ambassador that though they had concerns about the GOP's decision to move forward with an intercept program, they felt that U.S. involvement in the program would provide them with some "cover." --------------------------------------------- ---------------- COMMENT: GET ON BOARD OR GET LEFT BEHIND --------------------------------------------- ---------------- 8. (S/NF) Given the political pressures on the GOP to arrest the EPP members responsible for the Zavala kidnapping, there is no doubt that the Lugo government will continue intense efforts to improve its intercept capability. Our participation and concurrence is key to our counternarcotics-- and broader law enforcement-- goals in Paraguay. If we are not supportive, the GOP will view us as an obstacle to a key priority, which could jeopardize our broader relationship and the DEA's ability to pursue counternarcotics leads. Capturing the EPP has become a top priority of the Paraguayan government, and there is a real sense of urgency that it happen quickly. We now have an opportunity to help the GOP and be viewed as a reliable and valuable partner, as well as to ensure that U.S. interests in counternarcotics are protected. However, we want to limit our involvement to protecting DEA's program, as opposed to legitimizing the GOP's broader CT intercept program. DEA will send to Asuncion in coming weeks, who will offer advice to the GOP on how to best set up the program (in order to protect our part of it). We have carefully navigated this very sensitive and politically sticky situation, and hope that we can move forward quickly in order to make the most of it. It appears that we have no other viable choice. END COMMENT. AYALDE Destination VZCZCXYZ0000 OO RUEHWEB DE RUEHAC #0097/01 0492052 ZNY SSSSS ZZH O R 182052Z FEB 10 FM AMEMBASSY ASUNCION TO RUEHC/SECSTATE WASHDC IMMEDIATE 0569 INFO MERCOSUR COLLECTIVE RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RHMFISS/HQ USSOCOM FP MACDILL AFB FL RHMFISS/HQ USSOUTHCOM MIAMI FL RUEABND/DEA HQS WASHINGTON DC RUEAIIA/CIA WASHINGTON DC |