US embassy cable - 05QUITO2110

UNCLAS SECTION 01 OF 02 QUITO 002110 
 
SIPDIS 
 
STATE FOR WHA/PPC, WHA/AND 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, SMIG, EC, Trafficking 
SUBJECT: ALIEN SMUGGLERS COULD FACE HARSHER PENALTIES IN 
ECUADOR 
 
1.  Summary:  The Ecuadorian Congress could pass by year,s 
end new legislation that stiffens prison sentences for alien 
smugglers, permits seizure and liquidation of convicted 
smugglers' properties and nullifies debt instruments for 
victims' payments to smugglers.   The GOE renewed its 
interest in cracking down on the crime in mid-August when 94 
intending immigrants bound for the United States drowned off 
the coast of Nicaragua. Nine people survived the accident. 
Ecuador,s top immigration cop hopes that the proposed law,s 
property seizure clause will funnel money into anti-smuggling 
operations.  End Summary. 
 
For the Public Perception 
------------------------- 
 
2.  The legislation, which will be debated by congress next 
week, should pass without delay, Congressman Luis Fernando 
Torres told Poloff September 7.   Legislators know that last 
month,s tragic deaths paired with heart-rending stories and 
images of nine survivors still resound in the minds of 
Ecuadorians who want to see alien smugglers pay big for their 
crimes, according to Torres.  "For the public perception" the 
legislative body must act quickly,  said Torres, head of 
Congress' committee for civil and penal law. 
 
3.   The lawmakers will consider merging two separate 
proposals, one from the presidency and the other from three 
congressional deputies.  Both advocate increasing penalties 
for convicted smugglers and broadening the net to arrest and 
prosecute more players in the smuggling networks.   Under a 
revised law, persons promoting, facilitating or financing the 
smuggling of persons in or out of Ecuador would face 
sentences of eight to 12 years (up from the current three to 
six years).  Those responsible for the injury of a smuggling 
victim could be imprisoned for 12 to 16 years.  Persons 
complicit in the death of an immigrant could be jailed for 16 
to 25 years.  Existing laws cap penalties for those 
responsible for the death of an intending immigrant at 12 
years.  The maximum penalty for any crime in Ecuador is 25 
years. 
 
We Can Do More with More 
------------------------ 
 
4.   Ecuador's Director of Migration, Gen. Edmundo Ruiz, told 
PolOff on September 8 that the increased penalties would be 
critical to the fight against alien smuggling.  He expressed 
his desire to see the money from seized properties channeled 
back into the anti-smuggling effort.  He envisioned this 
money being used to create more police intelligence units 
like the "Centro de Operaciones Anti-Coyoterism (COAC)," 
which is vetted and supported by NAS. The draft congressional 
proposal pushes for the money to go to the families of 
smuggling victims. 
 
5.  Stiffer penalties for alien smugglers and protections for 
victims won't resolve the greatest problem facing police 
authorities, however.  "You can't have convictions if people 
aren't willing file charges against the smugglers," according 
to Ruiz.  Even in grave cases like the one last month that 
robbed families in Canar and Azuay provinces of their 100 
loved ones, people don't speak out.  The victims are afraid. 
They're afraid of reprisals; they receive threats.  They're 
afraid of losing their properties.  They also keep silent 
because they're still holding out the hope of another 
opportunity to escape their dismal fortune for a land of 
opportunity,  Ruiz said. 
 
As If They Hadn't Given Enough 
------------------------------ 
 
6.  Many of the extremely poor families who lost relatives in 
the August boat capsize mortgaged their homes to pay 
smuggler's fees that are believed to have ranged from $10,000 
to $12,000.  Others were victimized by loan sharks or pawned 
all their valuables.  President Palacio's proposed 
legislation would make all such contracts null and void upon 
a smuggler's conviction. 
 
7.  Comment: We believe that proposed harsher penalties 
against smugglers will be approved by congress.  Channeling 
the ill-gotten gains of alien smugglers into police work 
could be very helpful to the fight.  Whether this will happen 
is questionable, however, given Congress' desire to 
compensate victims. We will encourage the GOE to consider 
devoting at least a portion of the funds to law enforcement. 
 
 
 
 
 
JEWELL