US embassy cable - 04TEGUCIGALPA1395

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001395 
 
SIPDIS 
 
POSTS FOR DHS, CONS AND POL 
STATE FOR WHA/CEN, CA/FPP, G/TIP, AND DS 
 
E.O. 12958: N/A 
TAGS: SMIG, PHUM, KFRD, CVIS, KHLS, ASEC, KCRM, EFIN, HO 
SUBJECT: PROSECUTION OF CHINESE ALIEN SMUGGLERS ARRESTED IN 
HONDURAS PROCEEDS WITH DIFFICULTY 
 
Ref: Tegucigalpa 002878, 
 
Tegucigalpa 00116, 
Tegucigalpa 00070 (NOTAL) and previous 
 
1. SUMMARY:  Prosecution of Chinese illegal alien smugglers 
arrested in Honduras in late 2003 on charges of people 
smuggling, money laundering, possession of instruments for 
the forgery of public documents, and forgery of public 
documents, has turned into a very difficult task for the 
Honduran Public Ministry.  The fact that the illegal 
activities of these smugglers point to possible trafficking 
in people (due to probable forced labor of those smuggled 
into the U.S.) has raised serious concerns by post officials 
on the performance of the judicial system in Honduras. END 
SUMMARY. 
 
2. CHEN Ke Jung.- Belizean and Taiwanese national, was 
released on bail in January 2004 based on medical problems. 
CHEN fled to Belize in February 2004.  The two young 
citizens of the People's Republic of China (PRCs), escorted 
by CHEN through Honduran territory with forged Belizean 
passports, were sentenced to four years of incarceration. 
These PRCs have since exchanged their prison term for a fine 
payable to the judicial system.  However, they are still 
waiting for authentic PRC passports to be deported. 
 
3. LIN Wei Chung.- Taiwanese national, released on bail in 
late March 2004.  The three PRCs that he was escorting were 
released with him.  The group fled in mid April 2004. 
Taiwanese authorities in Honduras issued an alert to all 
Central American countries to prevent LIN from obtaining a 
passport.  Taiwan consular officials report that LIN applied 
for and was denied a passport in Guatemala in May 2004. 
 
4. HE Jia Bin.- naturalized Honduran citizen, remains in 
custody although close to being released.  Defense attorneys 
pointed to mistakes by Prosecution as the basis for his 
release.  The case is currently under the analysis of the 
Supreme Court.  A sentence in this case is essential for the 
Ministry of the Interior to revoke HE's Honduran citizenship 
and order his expulsion from the country.  The DCM and other 
Embassy officials have repeatedly raised this case with the 
Public Ministry and the Supreme Court to ensure that HE is 
not prematurely released. 
 
5.  HU Weng Rong.- naturalized Honduran citizen, remains in 
custody.  HU requested his release on bail; however, the 
court of appeals in San Pedro Sula denied his request.  HU 
appears to be the only Chinese smuggler who will undergo 
full trial, and the reason appears to be his arrest in San 
Pedro Sula.  The Ministry of the Interior intends to revoke 
HU's naturalization as well. 
 
6.  Noteworthy is the fact that one judge, German Vicente 
Garcia, has been assigned all Chinese cases in Tegucigalpa. 
Judge Garcia has approved all requests for release on bail 
regardless of the flight risk that these smugglers posed. 
The Public Ministry has appealed all decisions, however, the 
Court of Appeals in Tegucigalpa has turned down all appeals 
by the Prosecution.  Another important fact is that the 
defense attorney of the three smugglers mentioned in 
paragraphs 2-4 above is German Salomon Amador-Berrios. 
Amador-Berrios was the former Chief of Investigations at GOH 
Migration in the late 1990s.  Amador-Berrios and other 
colleagues at GOH Migration were fired due to their 
participation in the issuance of legal Honduran visas to 
countless ineligible PRCs. 
 
7.  COMMENT: Post has elevated inquiries regarding these 
cases to the President of the Supreme Court and the Attorney 
General.  The regional U.S. Immigration and Customs 
Enforcement Attache in Tegucigalpa plans to meet with these 
officials in an effort to increase awareness of trafficking 
in persons and alien smuggling.  The judge's decisions on 
these cases are highly questionable.  END COMMENT. 
 
PALMER