US embassy cable - 05TEGUCIGALPA1821

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001821 
 
SIPDIS 
 
STATE FOR S/CT, PRM, G/TIP, DRL/PHD, AND DRL/IL 
STATE FOR WHA/CEN, INL/LP, INR/GGI, L/WHA, L/DL, AND CA 
STATE FOR DS/IP/WHA, DS/CR/CIL, AND DS/CR/VF 
 
E.O. 12958: DECL: 09/02/2035 
TAGS: SMIG, PGOV, KCRM, PTER, SNAR, PREL, ASEC, KLIG, HO 
SUBJECT: HONDURAN IMMIGRATION SCANDAL: ROMERO LOSES APPEAL 
BY PUBLIC MINISTRY; REMAINS FREE; PLANS TO FILE "AMPARO" 
 
REF: TEGUCIGALPA 1802 AND PREVIOUS 
 
Classified By: Charge d'Affaires a.i. James G. Williard; 
reasons 1.4 (b) and (d). 
 
1. (C) Summary.  The Tegucigalpa Appeals Court ruled 2-1 late 
August 31 in favor of the Public Ministry's appeal of the 
August 18 decision by a lower court to grant bail to former 
Honduran Immigration Director Ramon Romero on the charge of 
abuse of authority.  Post's initial assessment is that 
Romero's legal complaint against EmbOffs will likely go 
nowhere, but Post will consult with L on how to proceed.  End 
Summary. 
 
2. (U) The Tegucigalpa Appeals court ruled 2-1 late August 31 
in favor of the Public Ministry's appeal of the August 18 
decision by a lower court to grant bail to Former Honduran 
Immigration Director Ramon Romero on the charge of abuse of 
authority. 
 
3. (C) The vote against the appeal (and therefore siding with 
Romero) was by Judge Francisco "Paco" Ruiz, a close contact 
of the Embassy who met August 30 with EmbOffs to discuss the 
case.  Ruiz (protect) sent Post a copy of the ruling 
September 1 and told PolChief later that day that he wrote 
the decision and his vote against it was part of a strategy. 
Ruiz explained further on September 2 that the ruse was made 
necessary by rumblings from Romero's defense attorney that 
Romero would appeal a decision as biased if Ruiz voted in 
favor of the appeal, arguing that Ruiz was known to be close 
to the Embassy.  Ruiz said that as it stood now, he had 
insulated himself from such accusations. 
 
4. (U) It is unclear when Romero will be returned to jail. 
Post understands that Romero has the right to appeal the 
appeals court decision to the Constitutional Chamber of the 
Supreme Court, using the "amparo" process (akin to the habeas 
corpus process) and that he plans to do so.  Romero has three 
days to file an "amparo" after official notification from the 
appeals court.  Romero will remain free until the Supreme 
Court reaches a verdict on Romero's "amparo" request, which 
could take weeks. 
 
5. (C) RSO spoke to Special Prosecutor for Organized Crime 
Doris Aguilar on August 31 about the legal complaints by 
Romero against her and the Embassy.  Doris was quite 
confident that the complaints against EmbOffs would never be 
investigated.  She stated that the complaints against her 
would likely be investigated and that Romero could use this 
as a defense strategy to try to get the case reassigned to a 
different prosecutor. 
 
6. (C) Charge led a meeting September 1 of relevant Embassy 
sections to discuss any steps required to address the 
complaint against the Embassy.  Management Officer Jesse 
Coronado has been designated as Post's POC with L on any 
possible issues resulting from Romero's legal complaint. 
 
7. (C) Comment:  Post was happy to see the Public Ministry 
win its appeal.  While still unclear as to what exactly led 
to Romero's reversal in fortune, Ruiz is clearly expertly 
managing his part in this legal drama.  It should be noted 
that Supreme Court President Vilma Morales - who was known to 
previously support Romero in the appeals process - gave the 
A/DCM a thumbs-up and smile after the decision was announced, 
when she saw him at an event.  This suggests that Morales 
interceded with the appellate court at the urging of 
President Ricardo Maduro, who had told the Charge on August 
27 that he had discussed with Morales how to send Romero back 
to jail.  Amparos are notorious legal tools in Latin American 
justice systems, and Post will believe Romero will return to 
prison when it actually happens.  In addition, the larger 
issue of Romero's actual trial, and the need for the Public 
Ministry to file additional stronger charges against Romero, 
is still pending.  End Comment. 
Williard