US embassy cable - 03SANTODOMINGO4390

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004390 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR WHA AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KCRM, PHUM, PINR, DR 
SUBJECT: DOMINICAN REPUBLIC NATIONAL POLICE CHIEF CONTINUES 
TO SUPPORT US 
 
REF: SANTO DOMINGO 4249 
 
 1.  (SBU)  SUMMARY.  Ambassador Hertell met with the 
Dominican Republic's Director of the National Police, Jaime 
Marte Martinez, to introduce DCM Lisa Kubiske and to thank 
the Director for his support in establishing an 
Anti-Trafficking in Persons Investigation Unit as part of the 
National Police's Fraud Section.  The Director outlined some 
of the procedural issues which will complicate the arrest of 
legislator Radhames Garcia now that Congress is in session. 
Marte Martinez downplayed the potential for uncontrolled 
demonstrations or riots after the Pan American Games.  END 
SUMMARY. 
 
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PRO-YANKEE POLICE CHIEF 
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2.  (SBU)  Ambassador Hertell met with the Director of the 
National Police for the Dominican Republic to introduce DCM 
Lisa Kubiske and to thank the Director for his efforts to 
combat Trafficking in Persons.  Pleased, Marte Martinez 
described himself as a friend, an ally and as "pro-yankee". 
 
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HOW CAN GARCIA BE ARRESTED? 
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3.  (SBU)  In reponse to the Ambassador's question about 
suspected alien smuggler Radhames Garcia, Marte Martinez 
confirmed his view that immunity attaches to Garcia, a 
Deputy, when Congress is in session.  Marte Martinez stated 
that if Garcia is found in the next day or so, the 
outstanding arrest warrant could be executed because, in his 
opinion, it was an open question as to whether Congress is 
legally in session.  The events of August 16, in which shots 
were fired as voting for a new Lower Chamber president was in 
progress, have left the competing political parties vying for 
control (reftel).  If the faction led by Lila Alburquerque 
(former president of the Lower Chamber) produces evidence 
that the vote was illegal or that a recognized recess had 
been called before the vote took place, an argument can be 
made that the August session of Congress has not been legally 
opened.  Hence, Garcia would not have immunity and could be 
arrested.  Nevertheless, if he were to be arrested now, he 
would probably claim constitutional immunity on grounds that 
the Congress was properly called into session on August 16. 
NOTE:  Marte Martinez seemed to be looking for a scenario and 
legal justification for Garcia's arrest.  Although possible, 
the scenario was unlikely.  Garcia did not show up for the 
scheduled opening of Congress on August 16 and had not been 
spotted by national police surveillance until he appeared 
outside Congress on August 20.  Alburquerque's faction failed 
to produce evidence that Congress was illegally in session 
and the Lower Chamber has been operating in session since 
August 19.  Garcia's immunity is currently in force.  END 
NOTE. 
 
4.  (SBU)  Ambassador Hertell asked whether there are any 
circumstances in which a Senator or Congressman could be 
arrested while Congress is in session.  Marte Martinez 
replied that a Congressman could be arrested if caught in the 
act of committing a crime - a "caso flagrante".  Marte 
Martinez insisted that accusations against Garcia could not 
be interpreted as a "caso flagrante".  Consequently, 
prosecutors could not apply this exception to the general 
immunity provision in the constitution. 
 
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INFORMATION ON LOWER CHAMBER SHOOTING 
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5.  (SBU)  In regard to the incident in the Lower Chamber, 
Marte Martinez said the shots fired were aimed at the 
ceiling.  The electric power to the Chamber had been cut 
prior to the shooting.  He noted that jurisdiction for the 
case is with the Legislative Branch of the Government because 
the shooting took place in Congress.  The National Police 
will not investigate unless asked to do so by the Legislative 
Branch. 
 
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POSSIBLE DEMONSTRATIONS AND UNREST 
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6.  (SBU)  Marte Martinez expressed relief that there were no 
major incidents during the Pan American Games.  He 
acknowledged rumors of possible demonstrations after the 
Games, but thought that if they were to occur they would be 
political in nature, at the prodding of opposition party 
members.  He did not give the impression that the National 
Police have geared up for any increase in demonstrations. 
NOTE:  Marte Martinez did not exclude the possibility that 
there would be protests, but he did not think they would 
amount to uncontrollable demonstrations. END NOTE. 
 
7.  (SBU)  COMMENT:  Marte Martinez has worked with the 
Embassy in the past on a range of issues from TIP to consular 
fraud investigations.  He has proved to be helpful and 
reliable, an enormous change for the good compared with his 
predecessor.  We expect this close cooperation and strong 
working relationship to continue.  END COMMENT. 
HERTELL