US embassy cable - 04SANTODOMINGO4986

C O N F I D E N T I A L SANTO DOMINGO 004986 
 
SIPDIS 
 
DEPT FOR G/TIP, WHA/PPC (FALLS), WHA/CAR (MCISAAC) 
 
E.O. 12958: DECL: 09/02/2014 
TAGS: PHUM, PGOV, KJUS, SMIG, DR 
SUBJECT: DOMINICAN REPUBLIC: RAMOS GARCIA ALIEN SMUGGLING 
TRIAL BEGINS IN EARNEST 
 
 
Classified By: DCM Lisa Kubiske for Reason 1.4(b) and (d) 
 
1. (U) On 1 September 2004, the Supreme Court in regular 
session began hearing testimony in the alien smuggling trial 
of Congressional representative Guillermo Radhames Ramos 
Garcia.  Because Ramos Garcia is a legislator, the Supreme 
Court is the court of first instance.  Ramos, a former consul 
to Cape Haitien, Haiti, and three co-defendants are accused 
of smuggling 16 East Asians across the Haiti-Dominican 
Republic border.  Ramos was charged in 2000, but the case has 
moved slowly due to several procedural delays. 
 
2. (U) A panel of 12 Supreme Court justices decided to begin 
the trial even though seven witnesses did not appear (a July 
hearing was postponed when several witnesses failed to show). 
 The court heard testimony from the police lieutenant coronel 
who headed the investigation, from the migration inspector at 
the point where Ramos crossed the border, and from former 
Director of Migration Miguel Vasquez. Both prosecutor and 
defense attorney cross-examined.  After four hours the 
justices adjourned until October 4. 
 
3. (U) The two Asian co-defendents, free on bail since March, 
have filed a civil suit against former Director of Migration 
Miguel Vasquez, alleging that he and others misappropriated 
USD 44,000 they were carrying when arrested. 
 
4. (C) Prosecutor Servio Tulio Castanos told poloff he does 
not expect the missing witnesses to appear.  However, the 
court can, at its discretion, admit previous testimony from 
these witnesses taken in a lower court before Ramos became a 
congressman.  Newly appointed Assistant Attorney General 
Frank Soto, with responsibility for cases of trafficking in 
persons, believes that the justices are allowing witnesses 
one final chance to appear but will be ready on October 4 if 
necessary to consider their previous testimony.  Soto views 
the relatively short continuance as an indication that the 
court is serious about reaching a resolution in this case. 
 
5. (C) COMMENT.  The opening of testimony converts a 
long-running non-trial into an event with considerable media 
attention and possible political impact.  The Fernandez 
administration has assigned the case and the responsibility 
for prosecuting trafficking to  experienced attorneys. 
KUBISKE