US embassy cable - 04SANTODOMINGO683

C O N F I D E N T I A L SANTO DOMINGO 000683 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CAR (MCISAAC), L/LEI (FUENTES AND TAYLOR) 
JUSTICE FOR CRIM/OIA (J.MAZUREK AND R. GOLDMAN) 
US MARSHAL SERVICE PLEASE PASS TO C. DUDLEY 
DEA FOR OF,OFI,DO,DOC 
 
E.O. 12958: DECL: 02/01/2014 
TAGS: CJAN, KCRM, KFRD, PINR, SNAR, DR 
SUBJECT: DOMINICAN ATTORNEY GENERAL FINALLY COMPLIES, 
EXTRADITES JOESFINA ROJAS 
 
REF: A. 02 STATE 03705 
 
     B. EMAILS KERWIN/HEINEMANN/MAZUREK - NOVEMBER 03 
 
Classified By: Deputy Chief of Mission Lisa J. Kubiske.  Reason 1.5 (b) 
(d). 
 
1. (U) On January 30, 2004, Josefina Rojas was extradited 
from the Dominican Republic in the company of US Marshals. 
Rojas is wanted to stand trial on federal narcotics charges 
in the Southern District of New York.  The Dominican 
Republic's National Drug Control Directorate (DNCD), working 
with U.S. Marshals and DEA, arrested Rojas.  This is the 70th 
extradition since 1998, and is the first case of a prisoner 
released by the GODR Attorney General and then re-arrested 
and extradited. 
 
2. (SBU) Embassy requested the extradition of Rojas in 
January 2002.  The provisional arrest warrant for her was 
issued by former Dominican Attorney General, Virgilio Bello 
Rosa, on October 25, 2002.  Rojas was captured and imprisoned 
in Spring 2003.  President Mejia signed an order of 
extradition for Rojas on October 29, 2003.  One day later, 
current Attorney General, Victor Cespedes Martinez, signed an 
order releasing Rojas from custody.  Dominican law 
enforcement contacts told DEA agents that Rojas had been 
released.  Embassy officials received no official notice or 
explanation of the release.  Additionally, the extradition 
order signed by President Mejia did not become public until 
Rojas was re-arrested on January 25, 2004. 
 
3. (C) In a November meeting with Ambassador Hertell, 
Attorney General Cespedes stated that he believed that Rojas 
was released because he felt that she would be subject to 
double jeopardy if returned to the United States.  When 
questioned further, the Attorney General stated that Rojas 
was released from prison due to illness and for reasons of 
compassion.  The Attorney General said that she had a tumor 
that needed to be treated and that she would be turned over 
to the USG after she received treatment.  Ambassador Hertell 
told the Attorney General that Rojas would be provided 
whatever medical treatment necessary once she was in custody 
of U.S. authorities. 
 
4. (C) The Dominican law enforcement contacts who originally 
alerted the DEA of Rojas' release speculated that Cespedes 
freed her was because a personal relationship had developed 
between Rojas and the Attorney General.  After Rojas was 
released, Dominican law enforcement contacts reported to DEA 
agents that she returned to the prison where she had been 
incarcerated to taunt other prisoners. 
 
5. (C) In addition to meeting with Attorney General Cespedes 
to discuss extradition cases Ambassador Hertell has raised 
extradition issues with President Mejia on at least four 
occasions within the past three months.  It is likely that 
the direct dialog between Ambassador Hertell and President 
Mejia precipitated the re-arrest of Rojas and her subsequent 
extradition. 
 
6. (SBU) Since the GODR began extraditing fugitives to the 
U.S. in 1998, 70 prisoners have been successfully returned to 
the U.S. to stand trial or serve outstanding sentences. 
Since early 2003, when Cespedes was named Attorney General, 
five fugitives for whom the USG has requested extradition 
have been arrested and released.  Prior to Cespedes becoming 
Attorney General, no fugitives who had been arrested pursuant 
to a valid U.S. requests for extradition had been released by 
the GODR.  The Rojas case marks the first instance in which a 
prisoner had been released by order of the Attorney General 
and subsequently re-arrested and extradited. 
 
7. (C) The actions of Attorney General Cespedes in relation 
to Rojas are questionable at best, illegal at worst.  With 
the circulation of President Mejia's October 29 extradition 
order for Rojas, it is now evident that the Attorney General 
contravened a direct written order by the President when he 
signed the order for her release.  The Attorney General's 
conduct in other extradition cases is being reviewed and 
questioned by embassy officials.  Septel will report updates 
on those cases. 
 
8. (U) Rojas marks the first extradition by the Dominican 
Republic in 2004, and the fifty-third under the 
administration of President Mejia. 
HERTELL