US embassy cable - 05KINGSTON1426

UNCLAS SECTION 01 OF 04 KINGSTON 001426 
 
SIPDIS 
 
DEPT FOR INL/LP ASMITH AND WHA/CAR, JUSTICE FOR OIA, AFMLS 
AND NDDS, TREASURY FOR FINCEN, DEA FOR OILS AND OFFICE OF 
DIVERSION CONTROL 
 
E.O. 12958: N/A 
TAGS: SNAR, PREL, KCRM, JM, corruption 
SUBJECT: JAMAICA: 2005 CERTIFICATION REPORT CARD 
 
REF: SECSTATE 94578 
 
1.  This message updates progress on objectives identified in 
the 2004 certification report card (Ref A).  Topic order 
descriptions track (Ref B) for ease of evaluation. 
 
LAW ENFORCEMENT 
--------------- 
2. The U.S. encouraged the GOJ to demonstrate its commitment 
to counter drug activity by continuing to arrest major drug 
traffickers operating in Jamaica. 
 
--Collaborative intelligence and investigative work between 
U.S. and Jamaican law enforcement agencies, as well as other 
foreign law enforcement agencies, led to the arrest of eight 
lower-level drug traffickers between January and May, 2005. 
 
3. The U.S. asked the GOJ to make full use of available 
equipment (ION Scan machines) at the international airports 
to enhance its ability to detect and interdict drugs and 
other contraband entering and exiting Jamaica. 
 
--The IONSCAN machines at Norman Manley International Airport 
(NMIA) in Kingston were serviced by the manufacturer and 
returned to Jamaica.  Since the GOJ has not made full use of 
the machines and seem to have a deficit in trained personnel 
to operate the machines, NAS has not reinstalled them.  NAS 
is seeking a renewed agreement and commitment from the GOJ 
for the operation and maintenance of the equipment that 
should coincide with the formal establishment of the Airport 
Interdiction Task Force (AITF).  The Jamaica Constabulary 
Force (JCF) Narcotics Division, which will have a significant 
role in the AITF, will be responsible for operation and 
maintenance of the machines once they are redeployed at NMIA. 
 
4. The U.S. asked the GOJ to fully employ the new border 
security (entry/exit) system to enhance its capability to 
intercept and prevent travel of international criminals 
and/or terrorists. 
 
--The border security system installed at NMIA and Donald 
Sangster International Airport (DSIA) in Montego Bay is used 
sporadically and has experienced several technical problems, 
mainly with the software.  In addition to the technical 
difficulties, the Jamaica Immigration Service (JIS) has a 
shortage of trained Immigration Officers and is trying to 
remedy that through authorized increases in staff.  While 
operational, the JIS has recorded modest successes in denying 
entry to persons previously expelled from the country and 
identifying individuals traveling on false documents.  The 
JIS also cooperates with USG law enforcement officials in 
screening for specific individuals of interest to the USG. 
 
5. The U.S. encouraged the GOJ to fully implement the AITF by 
providing the space and other resources required to 
effectively combat narcotics trafficking and other illicit 
activities at the countries two international airports. 
 
--The inauguration of the AITF is still several weeks, maybe 
months away.  The JCF has selected police officers to serve 
as members of the Task Force but adequate facilities have not 
been finalized to house and support the Unit.  The GOJ 
recognizes the benefit of establishing this unit and it has 
the support of the Minister of National Security.  A 
combination of scarce resources, appropriate facilities and 
bureaucratic wrangling has caused undue delays and several 
missed opportunities to further secure the airports and 
interdict contraband destined for the U.S. and other 
countries. 
 
In a recent meeting with the Senior Director for Security, 
Post was assured that the AITF would become a reality in the 
near future. 
 
6. The U.S. recommended the GOJ pass legislation that would 
provide law enforcement agencies and the judiciary with 
additional tools to disrupt criminal activity.  This includes 
the Plea Bargaining Act, and the Proceeds of Crime and Civil 
Forfeiture Acts. 
 
-- The GOJ has fast-tracked Proceeds of Crime legislation 
that will incorporate civil forfeiture and money laundering 
legislation.  Post has not seen the draft legislation, thus 
it is too soon to speculate on the strength of the 
legislation. 
 
7. The GOJ should enact legislation for the fingerprinting 
and photographing of all arrestees and create conspiracy laws 
similar to the U.S. Racketeering Influenced Corrupt 
Organizations (RICO) Statute. 
 
-- The GOJ continues to contemplate the necessity of 
legislation similar to the U.S RICO statute.  Opposition 
spokesperson on justice issues recently asked Post for 
information regarding the RICO statute.  The GOJ passed 
amendments to the Fingerprints Act which will allow 
authorities to fingerprint and photograph suspects without 
the need for a court order. 
 
8. The U.S. recommends the GOJ pass amendments to enhance the 
effectiveness of the Interception of Communications (Wiretap) 
Act. 
--The GOJ has not passed amendments to the Interception of 
Communications Act. 
 
9. The U.S. recommends that the GOJ undertake policy changes 
that encourages and enables the Director of Public 
Prosecutions (DPP) office to assign prosecutors to complex, 
critical and sensitive cases at the earliest possible time in 
the proceedings. 
 
--The GOJ has made no progress in this area.  Jamaica's 
justice system promotes a separation of the investigative and 
prosecutorial functions of law enforcement.  Numerous 
gestures by the USDOJ/OPDAT to assist the GOJ with training 
to facilitate better cooperation and coordination have not 
been accepted.  In the meantime, less than 50% of the 
criminal cases are prosecuted and of that percentage, the 
conviction rate is less than 25%.  Until the JCF 
investigators and the DPP collaborate at the inception of 
complex and sensitive criminal investigations, their 
conviction rate will remain low. 
 
10. The U.S. urged the GOJ to provide the resources to 
enhance security at smaller airfields used in the commission 
of crimes.  In addition, the U.S. urges the GOJ to take steps 
necessary at those airstrips beyond its capability to secure 
by rendering them unusable to any type of aircraft. 
 
--The GOJ reports approximately 44 illegal landing sites, 
inclusive of airstrips.  Most of these are inoperative 
through demolition or overgrown by vegetation.  Several were 
destroyed as part of "Operation Kingfish" in late 2004 and 
early 2005.  According to the Jamaica Defense Force (JDF), 
there is no evidence that any of the landing sites are 
currently being used. 
 
INTERNATIONAL COOPERATION 
------------------------- 
 
11. The U.S. recognizes and appreciates the GOJ's excellent 
cooperation in locating and arresting fugitives fleeing U.S. 
authorities and providing assistance in informal requests. 
We request, however, that the GOJ inform us regularly on the 
status of pending requests under the extradition and Mutual 
Legal assistance Treaties.  We look forward to periodic 
consultations with the Office of the Director of Public 
Prosecutions as a means to enhance cooperation under these 
treaties. 
 
--The GOJ has been very cooperative in assisting U.S. law 
enforcement with the apprehension of fugitives from U.S. 
justice.  Since January 2005, 4 persons have been arrested on 
provisional arrest warrants and 1 person extradited.  The 
process of obtaining a provisional arrest warrant could be 
strengthened through use of the MLAT or "justice to justice" 
cooperation to expedite the process.  U.S. Marshal Service 
has frequent contact with the DPP's office and currently 
participates in an exchange program to facilitate further 
cooperation. 
 
12. The U.S. urges the GOJ to sign and implement the Customs 
Mutual Assistance Agreement (CMAA). 
 
--The CMAA is being held by Jamaica Customs officials pending 
additional clarification on the language used in the 
agreement. 
 
DRUG-RELATED PUBLIC CORRUPTION 
------------------------------ 
 
13. The U.S. encourages the GOJ to take strong measures to 
enforce the Corruption Prevention Act by providing the 
Anti-Corruption Commission with the resources necessary to 
thoroughly investigate cases in a timely manner and pursue 
prosecution to the full extent of the law. 
 
--The Corruption Prevention Commission (CPC) continues to 
lack the resources necessary to investigate allegations of 
corruption. 
 
14. The U.S. urged the GOJ to impose graduated penalties on 
government employees who fail to meet the deadline for filing 
asset declarations. 
 
--Since January, 2005, the CPC has forwarded 200 cases to the 
DPP's office for failure to file asset declarations.  The DPP 
brought ten cases to the court for prosecution, but withdrew 
charges after the individuals filed their declarations. 
 
PORT SECURITY 
------------- 
15. The U.S. urged the GOJ to complete the following at the 
earliest opportunity: 
 
-Provision of adequate facilities for the CET at the ports; 
-Standardized identification card system; and 
-Installation of access control systems at the ports. 
 
--Neither the Standardized identification Card System nor the 
Access Control System have been installed at the port. 
According to officials of the Port Authority of Jamaica 
(PAJ), the equipment has been ordered and is expected in 
mid-July 2005.  PAJ anticipates installation and 
implementation of the new systems by October 2005. 
 
--Facilities for the Customs Enforcement Team have been 
identified by Customs officials. 
 
16. The U.S. urged the GOJ to pass the Port Security Act. 
 
--The Port Security Act is being reviewed by a legislative 
committee. 
 
 
DRUG PROCEEDS AND CONFISCATION 
------------------------------ 
 
17. The U.S. urged the GOJ to quickly enact legislation on 
civil forfeiture of the proceeds of crime. 
 
--The GOJ has fast-tracked Proceeds of Crime legislation that 
will incorporate civil forfeiture and money laundering 
legislation.  Post has not seen the draft legislation, thus 
it is too soon to speculate on the strength of the 
legislation. 
 
18. The U.S. encourages the GOJ to take the required steps to 
qualify the Financial Analysis Unit for membership in the 
Egmont Group, which includes consolidating resources and 
developing standard operating procedures for the Unit. 
 
--The Financial Investigation has taken necessary steps to 
qualify for membership int he Egmont Group such as 
consolidating resources and developing standard operating 
procedures. 
 
 
DRUG PRECURSOR SUBSTANCES AND SYNTHETIC DRUGS 
--------------------------------------------- 
 
19. The U.S. encourages the GOJ to finalize implementing 
regulations for the Precursor Chemicals Act. 
 
--The regulations are still being drafted by the Ministry of 
Health. 
 
20. The U.S. encouraged the GOJ to amend its drug legislation 
to make illegal and provide adequate penalties for the 
trafficking in and use of internationally controlled 
psychotropic substances, such as Ecstasy, LSD and 
amphetamines. 
 
--Amendments to the dangerous drugs act are still in the 
process of being drafted by the Ministry of National Security. 
 
 
DRUG PRODUCTION AND CULTIVATION 
------------------------------- 
 
21. GOJ marijuana eradication figures are very low and will 
fall far short of the eradication target of 1200 hectares 
agreed to in our letter of agreement. We therefore urge the 
GOJ to take the necessary steps to determine the cultivation 
level throughout the island and intensify its efforts in 
order to meet the agreed-upon target. 
 
--A comprehensive aerial survey of marijuana cultivation has 
not been conducted. 
 
--269.3 hectares of marijuana were eradicated from January 
through April, 2005. 
22. The U.S. urged the GOJ to consolidate its marijuana 
eradication forces (JCF and JDF) under one command in order 
to maximize the resources available and cover a broader area 
at the same time. 
 
--JDF and JCF eradication teams support one another on 
missions but there has been no effort to consolidate the 
forces under one command. 
ROBINSON