US embassy cable - 05SANTODOMINGO370

UNCLAS SANTO DOMINGO 000370 
 
SIPDIS 
 
STATE FOR WHA/CAR (MCISAAC), GTIP (OWEN); SOUTHCOM ALSO FOR 
POLAD 
 
E.O. 12958: N/A 
TAGS: KCRM, PGOV, DR 
SUBJECT: DOMINICAN ATTORNEY GENERAL JAILS 
TRAFFICKER-CONGRESSMAN, ASKS CONGRESS TO STRIP HIM OF 
IMMUNITY 
 
 
1. Dominican Attorney General Francisco Dominguez Brito had 
accused alien smuggler Congressman Guillermo Radhames Ramos 
Garcia arrested at 7 a.m. on January 13, the first day that 
the House was no longer in session.  Bailiffs delivered him 
to Najayo jail on January 13 to await his next trial date, 
February 9.  Assistant Attorney General for trafficking in 
persons Frank Soto told poloff that the detention is valid 
until Congress reconvenes in its regular session on February 
27. 
 
2.  Ramos Garcia is formally charged with smuggling 16 Asians 
across the Dominican border with Haiti when he was consul in 
Cape Haitien in 2002.  Since he is a member of the House of 
Representatives. he enjoys constitutional immunity while 
Congress is in session; his status means that charges against 
him must be heard in the Supreme Court.  Article 32 of the 
Dominican Constitution provides that no sitting Sentor or 
Deputy can be deprived of his personal liberty "during the 
legislature" without the consent of the house to which the 
Senator or Deputy belongs. 
 
3. In late January President Fernandez convoked Congress for 
an extraordinary session to consider various financial 
issues. Ramos Garcia's lawyers petitioned for his release, 
contending that the constitutional provisions apply when 
Congress is in extraordinary sessions, as well.  The Attorney 
General's office plans to fight the release request as a 
matter of interpretation of Article 32.  (The opening of the 
extraordinary session, set for January 25, was delayed when 
congressional legal staff noted that Fernandez's convocation 
was incorrectly dated 2004 instead of 2005.) 
 
4. Attorney General Dominguez Brito wrote on January 25 to 
President of the House of Representatives Alfredo Pacheco 
asking that the House revoke Ramos Garcia's immunity owing to 
the the severity of the alleged crime and "the burden of 
shame" that the case has caused to the Dominican Republic's 
international reputation.  Dominguez Brito's position was 
supported by  daily paper El Caribe.  The paper's lead 
editorial commented, "Immunity should not be a refuge that 
gives impunity to any Congressman," and called for Ramos 
Garcia's to be kept in jail.  If the House of Representatives 
revokes Ramos Garcia's immunity, he may be detained for as 
long as the case takes to process.  As of January 26 Ramos 
Garcia remains in jail. 
 
Comment 
- - - - 
 
5. The Attorney General's public position demonstrates the 
determination of the administration to hold Ramos Garcia 
responsible.  It also reflects the Embassy's continued 
efforts to move this case to completion.  The House has had 
no appetite up to now for suspending one of its own, but 
pressure from the executive branch and the public might 
change its mind.  Keeping Ramos Garcia in jail would not be 
likely to affect the deliberations of Supreme Court justices 
but would be important in convincing the public that there is 
hope for prosecuting those who have arrogantly enjoyed 
impunity, whether legal or de facto. 
HERTELL