US embassy cable - 05TEGUCIGALPA1726

C O N F I D E N T I A L SECTION 01 OF 03 TEGUCIGALPA 001726 
 
SIPDIS 
 
STATE FOR S/CT, PRM, G/TIP, DRL/PHD, AND DRL/IL 
STATE FOR WHA/PPC, WHA/CEN, INL/LP, INR/GGI, AND CA 
STATE FOR DS/IP/WHA, DS/CR/CIL, AND DS/CR/VF 
 
E.O. 12958: DECL: 08/19/2015 
TAGS: SMIG, PGOV, KJUS, KCRM, PTER, SNAR, PREL, ASEC, HO 
SUBJECT: HONDURAN IMMIGRATION DIRECTOR RAMON ROMERO 
RELEASED ON BAIL IN LIKELY CORRUPT JUDICIAL DECISION 
 
REF: A. TEGUCIGALPA 1614 
     B. TEGUCIGALPA 1376 
     C. TEGUCIGALPA 930 AND PREVIOUS 
 
Classified By: Charge d'Affaires, a.i. James G. Williard; 
reasons 1.4 (b) and (d). 
 
1. (C) Summary.  Former Honduran Immigration Director Ramon 
Romero, arrested May 1 in the corruption/fraud scandal at 
Honduran Immigration, was released on bail August 18 in a 
judicial decision that appears to have been made due to 
corrupt influence.  Romero's attorney previously admitted 
that Romero permitted a flight of Colombians to enter without 
visas due to his "love" for a daughter of U.S. convicted 
narcotrafficker Juan Ramon Matta Ballesteros.  Charge met 
with the Attorney General and Supreme Court President to 
state USG concern and to seek aggressive prosecution.  The 
Embassy revoked in May the nonimmigrant visas of six top 
Immigration officials, including Romero.  End Summary. 
 
Romero Granted Bail 
------------------- 
 
2. (C) Former Honduran Immigration Director Ramon Romero, 
arrested May 1 in the corruption/fraud scandal at Honduran 
Immigration, was released on 600,000 lempiras (USD 31,746) 
bail August 18 in a judicial decision that appears to have 
been made due to corrupt influence.  Romero was ordered to 
check in weekly and to avoid all contact with Immigration 
officials.  Romero was allegedly involved in a whole host of 
other illegal activities, leading to the entry without visas 
of Colombians, Chinese, and Special Interest Aliens (see ref 
C and previous for details).  Romero's attorney previously 
admitted publicly that Romero permitted a flight of 
Colombians to enter without visas due to his "love" for a 
Claudia Matta, the U.S. citizen daughter of U.S.-convicted 
narcotrafficker Juan Ramon Matta Ballesteros.  Post fears 
that Romero may seek to flee Honduras to be with Claudia and 
avoid more jail time, possibly to Colombia or Panama.  (Post 
notes that Honduras has extradition treaties with both 
countries.) 
 
3. (C) Special Prosecutor for Organized Crime Doris Aguilar 
told DHS Attache August 18 that the original judge in the 
case, Eduard Navarro, recused himself at the last minute from 
what he thought was a politically manipulated process.  The 
substitute judge, Lillian Emelina Maldonado, was allegedly 
pressured and/or paid to grant Romero bail. 
 
Charge Meets with AG and Supreme Court President 
--------------------------------------------- --- 
 
4. (C) Charge met with Attorney General Leonidas Rosa 
Bautista and Special Prosecutor Aguilar August 19 and 
discussed the Romero case.  The Charge emphasized that the 
immigration scandal involved U.S. and Honduran national 
security, and that Washington was watching to see how this 
case proceeded.  Charge noted that corruption and possible 
political interference in cases such as this were of serious 
concern, especially in the view of CAFTA and the Millennium 
Challenge Account, and made it harder for the Embassy to 
obtain resources to train and equip Honduran prosecutors and 
police.  He underlined that it was critical that Special 
Prosecutor Aguilar be given the authority and resources she 
needs to attack this corruption scandal. 
 
5. (C) The Attorney General told the Charge that the Public 
Ministry would appeal the judge's decision August 22 to a 
three-judge appeals court.  A decision is expected by August 
24.  He said that Aguilar was free to do what she needs to do 
to prosecute this case.  The AG also spoke at length of the 
need for an overhaul of many GOH institutions (immigration, 
customs, etc.).  Charge noted that would be worthwhile, but 
did not obviate the need to seek convictions in this specific 
case.  Aguilar said she planned to file additional charges 
against Romero, and planned to appeal the bail decision 
arguing that he is a flight risk and that many key 
Immigration officials were still in place (the two major 
stated justifications in the judge's decision to grant bail). 
 Aguilar noted that Romero is facing a possible 18-year 
sentence. 
 
6. (C) Charge also met August 19 with Supreme Court President 
Vilma Morales and raised USG concern with the judge's 
decision to grant Romero bail.  Morales praised the judge, 
claimed that the original judge merely was not available the 
day bail was granted, and said that was why the second judge 
had taken over.  She criticized Public Ministry prosecutors, 
claiming they did not have a strong enough case, and urged 
the Public Ministry to file more charges if they could.  She 
claimed that sufficient time had passed since the arrest and 
it was appropriate to grant Romero bail.  Morales repeatedly 
expressed her concern over the points raised by the Charge, 
and urged the Embassy to work closely with the prosecution to 
improve the case. 
 
7. (U) The Embassy issued a statement August 19 expressing 
disappointment in the recent legal developments in the 
"pasaportazo" scandal and noting the importance of the case 
to U.S. and Honduran national security. 
 
Prosecutors Appealing Dismissal of Hernandez Alcerro Case 
--------------------------------------------- ------------ 
 
8.  (SBU) Former Minister of Government and Justice Jorge 
Ramon Hernandez Alcerro, now a congressional candidate, was 
indicted June 14 by Prosecutor Aguilar for allegedly allowing 
a minor to leave the country without parental permission (ref 
B).  That charge was dropped when a court ruled that the 
prosecutor had acted without direct instructions from the 
Attorney General.  The prosecutor is appealing that decision 
and the case continues (ref A).  Prosecutor Aguilar 
previously stated that this was the first (and easiest) of a 
series of charges against Hernandez Alcerro for money 
laundering and immigration violations, but no other charges 
have yet been filed. 
 
9. (C) In an August 9 courtesy call with the new Minister of 
Government and Justice Jose Roberto Pacheco Reyes, Charge 
Tuebner and PolChief told Minister Pacheco that the scandal 
was of serious concern to the U.S. and that the Embassy had 
received information that corrupt acts continued in 
Immigration.  Minister Pacheco claimed to be unaware of any 
new corruption and pledged that he was strongly opposed to 
corruption.  Nevertheless, as a caretaker minister it appears 
doubtful he will reorganize Immigration. 
 
Embassy Revoked Visas and May Revoke More 
----------------------------------------- 
 
10. (SBU) The Embassy previously revoked under INA 214(b) as 
potential flight risks the nonimmigrant visas of many 
Immigration officials, including the following six top 
Immigration officials: 
- Immigration Director Ramon Romero 
- Director of Foreigners Julio Hernandez Cerrato 
- Immigration Sub-Director and Chief of the Tegucigalpa 
Passport Office Luis Fernando Moya 
- Secretary General of Immigration Verenice Castillo Canales 
- Chief of the Tegucigalpa Airport Immigration Office David 
Antonio Williams 
- Deputy at the Tegucigalpa Airport Immigration Office Nelly 
Maria Valladares Pineda 
 
The Embassy is reviewing these cases, as well as other senior 
Immigration officials, looking to make them ineligible for 
future visas for involvement in alien smuggling and/or 
narcotrafficking. 
 
Scandal Hurts National Party But Intercessions Continue 
--------------------------------------------- ---------- 
 
11. (C) Comment: Romero's corrupt activities, as well as 
Hernandez Alcerro's alleged involvement, have tarnished the 
National Party electoral campaign.  Romero is a candidate for 
city council on mayoral candidate Ricardo Alvarez's ticket, 
and Hernandez Alcerro is a congressional candidate in the 
Department of Francisco Morazan on presidential candidate 
Porfirio "Pepe" Lobo's ticket.  Both Rosa Bautista and 
Morales are National Party members.  Despite the damage 
already done to the National Party and continuing 
implications of corruption that the release of Romero and 
throwing out of charges against Hernandez Alcerro have 
generated, National Party figures in the executive and 
judicial branches appear to be acting to protect their own. 
Whether these actions are to assist loyal party members or to 
prevent them from cooperating with prosecutors is unknown. 
Either way, they give credence to charges of government 
corruption and play into the hands of Liberal Party 
presidential candidate Manuel "Mel" Zelaya.  Former Liberal 
President and owner of La Tribuna newspaper Carlos Flores 
reacted excitedly when informed August 18 by Charge and A/DCM 
during a meeting of the impending release of Romero.  Flores' 
newspaper highlighted the Romero release in strongly negative 
coverage on August 19. 
 
12. (C) The granting of bail to Romero, combined with recent 
negative judicial decisions in key narcotics and alien 
smuggling cases that appear to be due to corruption, are 
blows against the very segments in the police/Public Ministry 
that the Embassy has worked hard to train and equip.  The 
Embassy and these groups are frustrated by the apparent 
corruption that has derailed so many important prosecutions. 
Big fish are rarely caught in Honduras, and if they are there 
usually is some technicality that leads to their release. 
The only surprise is that political powers have not found a 
way to pin the Immigration scandal on the gangs, the GOH's 
first suspect in most criminal cases (even in cases where the 
real culprit is corrupt police), and one with no political 
connections.  We will see next week whether Post intervention 
in the Romero case will result in any improvement in the 
legal process.  End Comment. 
Williard