US embassy cable - 05SANTODOMINGO2111

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 002111 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR WHA/CAR (MCISAAC), L/LEI (TAYLOR AND FUENTES) 
DEPARTMENT OF JUSTICE FOR CRIM/OIS (MAZUREK, ORJALES, 
SOKOHL) 
US MARSHAL SERVICE PLEASE PASS TO CHRIS DUDLEY 
DEA FOR OF, OFI, DO, DCO 
 
E.O. 12958: N/A 
TAGS: CJAN, KJUS, SNAR, PREL, DR, Extraditions 
SUBJECT: DOMINICAN COURT DENIES EXTRADITION REQUEST 
 
REF: A. 04 STATE 267518 
 
     B. SANTO DOMINGO 1971 
     C. EMAILS EMBASSY SANTO DOMINGO TO/FROM L/LEI AND 
        DOJ/OIA 
 
 1.  (U)  SUMMARY.  On April 8. 2005, the Penal Chamber of 
the Dominican Supreme Court denied the USG request for 
extradition for Frank Alvarez.  The denial was based on lack 
of sufficient information to identify the fugitive in court 
as the person the USG believes to have committed the crime in 
the United States.  The extradition request was dismissed 
without prejudice and allows for the USG to resubmit an 
extradition request with supplemental information.  Frank 
Alvarez was released from custody pursuant to the Supreme 
Court's decision.  Embassy Santo Domingo supports the 
resubmission of an extradition request in this case.  END 
SUMMARY. 
 
2.  (U)  On April 8, 2005, the Penal Chamber of the Supreme 
Court denied the USG extradition request for Frank Alvarez. 
Alvarez is wanted in the Western District of New York to 
stand trial on federal narcotics charges (ref A).  The Court 
released the 30-page written decision in the case on April 
11, 2005 (a copy will be pouched to  L/LEI).  In its decision 
the Court stated that there, "exists a reasonable doubt about 
the identity of the person requested in extradition."  The 
Court stated that the extradition request listed the date of 
birth of the fugitive as July 21, 1968, whereas the birth 
certificate produced by the defendant listed a birth date of 
July 16, 1968.  Secondly, the defendant presented to the 
Court a certification from the Dominican Migration 
authorities that stated that Ramon Amado Rodriguez Caceres 
(the name Alvarez uses in the Dominican Republic), did not 
enter or leave the county form December 1999 to the present 
date, leading the Court to conclude, "it appears that 
(Alvarez) had not left the country during the dates indicated 
by the requisitioning country." 
 
3.  (SBU)  In two different portions of the Court's decision, 
the phrase "for the time being" ("por el momento") is used by 
the Court in its denial of the extradition request.  That 
phrase, according to the Asst. Attorney General who handles 
extradition cases, is the equivalent of a dismissal without 
prejudice.  The USG is free to submit another extradition 
request for Frank Alvarez.  The Asst. AG suggested that any 
subsequent request should contain affidavits identifying the 
fugitive based on surveillance photos and photos from the 
fugitive's Dominican identification card (cedula) and a 
fingerprint card, if available. 
 
4.  (SBU)  The Asst. AG also stated that privately she heard 
what distinguished this case from the previous two successful 
cases (ref B) was that the USG did not provide finger print 
identification for this fugitive.  A review of the original 
extradition cable (ref A) stated that a fingerprint card was 
included as an exhibit in the extradition package, however, 
subsequent emails from L/LEI confirmed that no fingerprint 
evidence was provided in the extradition package that was 
delivered to the Dominican government. 
 
5.  (SBU)  At the request of Embassy Santo Domingo, the AG's 
office provided us with the Dominican identification card 
number cedula number) that the fugitive is using in the 
Dominican Republic.  Legat will use this information to 
obtain a copy of the photo from this identity document.  The 
photo will be forwarded to the appropriate U.S. authorities 
in Buffalo, NY, so that identity affidavits can be prepared. 
 
6.  (SBU)  When asked in regard to procedure in future cases 
if it be would possible to request that a fugitive remain in 
custody while the USG attempts to provide supplemental 
information, the Asst. AG said that she could make the 
request but that she thought it unlikely that the Court would 
grant it. The Asst. AG told us that she will be more careful 
in the future in reviewing USG extradition packages for 
completeness before she requests Supreme Court hearings.  We 
assured her that the USG has taken note of the Court's 
decision and that we too will be vigilant in scrutinizing 
identification evidence prior to making any formal requests 
to the Dominican government. 
 
7.  (SBU)  COMMENT.  We are disappointed that Frank Alvarez 
is currently a free man.   Nevertheless, the denial in this 
case was made on a legitimate legal basis; in indication that 
the Penal Chamber of the Supreme Court is taking its new role 
in extradition cases seriously and is meticulously addressing 
our submissions.  Each extradition package submitted to the 
GODR will have to contain sufficient indices of proof of 
identification for each fugitive.  Embassy Santo Domingo 
further recommends that DOJ/OIA submit a new extradition 
package for Frank Alvarez with supplemental identification 
information and support.  END COMMENT. 
 
8.  (U)  Drafted by Angela Kerwin.  Further information on 
recent extradition cases can be found on our SIPRNET website 
at http://www.state.sgov.gov/p/wha/santodomingo.  
 
HERTELL