US embassy cable - 04SANTODOMINGO3925

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EXTRADITION CASE OF JOHNNY MARTINEZ

Identifier: 04SANTODOMINGO3925
Wikileaks: View 04SANTODOMINGO3925 at Wikileaks.org
Origin: Embassy Santo Domingo
Created: 2004-07-02 14:41:00
Classification: UNCLASSIFIED
Tags: CJAN KCRM DR
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.


 
UNCLAS SANTO DOMINGO 003925 
 
SIPDIS 
 
STATE FOR L/LEI M. TAYLOR AND W. J. FUENTES, WHA/CAR MCISAAC 
PLEASE PASS TO DEPARTMENT OF JUSTICE/OIA - JO MAZUREK. 
 
E.O. 12958: N/A 
TAGS: CJAN, KCRM, DR 
SUBJECT: EXTRADITION CASE OF JOHNNY MARTINEZ 
 
REF: STATE 142165 
 
1.  (U)  Embassy Santo Domingo responds to reftel A questions 
as follows: 
 
a.  Embassy Santo Domingo has no record of receiving any 
request for assurances or any other requests from the GODR 
regarding Johnny Martinez's extradition to the United States. 
 
b.  Embassy Santo Domingo has no record of receiving a 
Presidential Decree or similar documentation from the GODR 
prior to or at the time of Johnny Martinez's extradition. 
Embassy Santo Domingo notes that fugitives are not extradited 
to the United States unless a Presidential Decree is signed 
authorizing extradition.  Therefore, Embassy Santo Domingo 
was assured that a Presidential Decree had been signed before 
Johnny Martinez left the Dominican Republic. 
 
c.  Embassy Santo Domingo is in possession of a poor quality 
copy of the Presidential Decree authorizing the extradition 
of Johnny Martinez.  Embassy Santo Domingo informally 
requested a copy of the Presidential Decree the week of June 
21, 2004, from the legal office of the GODR Foreign Ministry. 
 The legal office of the GODR Foreign Ministry confirmed that 
it does not hold copies of the Presidential Decrees in 
extradition cases.  The Foreign Ministry legal office 
subsequently delivered a copy of the Decree to Embassy Santo 
Domingo and informed us that it had obtained the copy from a 
clerk in the Presidential Palace. 
 
d.  As a general matter, Embassy Santo Domingo receives 
numerous informal communications from GODR officials after 
submitting an extradition request to the GODR.  Generally 
these communications are in the form of phone calls or 
face-to-face meetings.  As a general matter, the GODR 
acknowledges the receipt of a USG written diplomatic note 
requesting the extradition of a fugitive by return diplomatic 
note.  No other formal diplomatic correspondence is generated 
on extradition cases. 
 
2.  (U)  Johnny Martinez was extradited from the Dominican 
Republic in January 2003.  His case file was retired by the 
Economic and Political section with other working files to 
Washington storage in December 2003, in accordance with 
Department of State procedures. 
HERTELL 

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